1,797. The Interim Between Giving a Get and Dying

Hilchos Geirushin 9:19

Regarding all the conditions in the previous few halachos, during the days between a dying man giving a get and his dying and meeting the condition of the get, his wife is considered divorced in all ways so long as he is not secluded alone with her, as has already been discussed.

Hilchos Geirushin 9:20

Let’s say that a sick person wants to give his wife a conditional get so that she won’t have to perform yibum if he dies but divorce won’t be effected if he recovers. He doesn’t want the get to take effect retroactive to the time he gives it because it will weigh heavily on him. In such a case, he should write in the get after the main part – or state verbally when he gives his wife the get – “If I don’t die, this get is invalid; if I die, this get is valid; if I don’t die, this get is invalid,” repeating the condition. In this way, the positive condition is stated before the negative condition and his words don’t open speaking of tragedy. Divorce will be effected upon the husband’s death so long as the get has reached his wife before then.