1,795. A Dying Man Who Recovers

Hilchos Geirushin 9:15

If a man says, “This is your get, effective when the sun comes up,” divorce will be not be effected if he dies that night. If he gives the get conditional on the sun shining and he dies that night, then divorce is effected when the sun shines the next day because the condition has been met. If the husband stipulates, “If the sun shines, this get is valid but if it doesn’t shine, then this get is invalid,” then the get is invalid if he dies that night because the condition wasn’t met until after he died and divorce cannot be effected after one dies.

Hilchos Geirushin 9:16

If a dying man has a get written for his wife and divorces her but he subsequently recovers, he cannot undo the divorce. In this, a divorce given by a dying man is different from a gift that he gives. If he were given the option to void the divorce, it would appear to be a divorce granted after his death, the same way that a gift he gives is only transferred after his death.