Gittin 7

מִי שֶׁאֲחָזוֹ קֻרְדְּיָקוֹס, וְאָמַר, כִּתְבוּ גֵט לְאִשְׁתִּי, לֹא אָמַר כְּלוּם. אָמַר, כִּתְבוּ גֵט לְאִשְׁתִּי, וַאֲחָזוֹ קֻרְדְּיָקוֹס, וְחָזַר וְאָמַר, אַל תִּכְתֹּבוּ, אֵין דְּבָרָיו הָאַחֲרוֹנִים כְּלוּם. נִשְׁתַּתֵּק, וְאָמְרוּ לוֹ נִכְתֹּב גֵּט לְאִשְׁתֶּךָ, וְהִרְכִּין בְּרֹאשׁוֹ, בּוֹדְקִין אוֹתוֹ שְׁלֹשָׁה פְעָמִים, אִם אָמַר עַל לָאו לָאו וְעַל הֵן הֵן, הֲרֵי אֵלּוּ יִכְתְּבוּ וְיִתֵּנוּ:

If one were seized by kordyakos [If his mind were unhinged by a demon potent against one who drinks new wine], and he said: "Write a get to my wife," he has said nothing. If he said: "Write a get to my wife," and then he were seized by kordyakos, and then he said: "Do not write it," there is nothing in his last words. [And it is not necessary to ask him again (if he wishes to divorce her) after he came to his senses, but we rely on his first words. In any event, so long as his mind is unhinged, the get is not written.] If he became mute, and they said to him: "We shall write a get to your wife," and he nodded his head, he is "examined" [by other questions] three times. If he responds (rationally) to no (i.e., something calling for a negative response), no; and to yes, yes, the get is written and given to her, [if he nodded "yes" to the get.]

אָמְרוּ לוֹ, נִכְתֹּב גֵּט לְאִשְׁתֶּךָ, וְאָמַר לָהֶם כְּתֹבוּ, אָמְרוּ לַסּוֹפֵר וְכָתַב, וְלָעֵדִים וְחָתְמוּ, אַף עַל פִּי שֶׁכְּתָבוּהוּ וַחֲתָמוּהוּ וּנְתָנוּהוּ לוֹ וְחָזַר וּנְתָנוֹ לָהּ, הֲרֵי הַגֵּט בָּטֵל, עַד שֶׁיֹּאמַר לַסּוֹפֵר כְּתֹב וְלָעֵדִים חֲתֹמוּ:

If they said to him [a healthy person (embarking on a journey) or a sage at the point of death: "Let us write a get to your wife [so that she not require yibum] and he said: "Write" — if they spoke to the scribe and he wrote it, and to the witnesses, and they signed it, even if they wrote it and signed it and gave it to him, and he then gave it to her, the get is void, until he tells the scribe to write and the witnesses to sign.

זֶה גִטֵּךְ אִם מַתִּי, זֶה גִטֵּךְ אִם מַתִּי מֵחֹלִי זֶה, זֶה גִטֵּךְ לְאַחַר מִיתָה, לֹא אָמַר כְּלוּם. מֵהַיּוֹם אִם מַתִּי, מֵעַכְשָׁיו אִם מַתִּי, הֲרֵי זֶה גֵט. מֵהַיּוֹם וּלְאַחַר מִיתָה, גֵּט וְאֵינוֹ גֵט. אִם מֵת, חוֹלֶצֶת וְלֹא מִתְיַבֶּמֶת. זֶה גִטֵּךְ מֵהַיּוֹם אִם מַתִּי מֵחֹלִי זֶה, וְעָמַד וְהִלֵךְ בַּשּׁוּק וְחָלָה וּמֵת, אוֹמְדִין אוֹתוֹ, אִם מֵחֲמַת חֹלִי הָרִאשׁוֹן מֵת, הֲרֵי זֶה גֵט. וְאִם לָאו, אֵינוֹ גֵט:

(If one said to his wife:) "This is your get if I die," "This is your get if I die from this illness," "This is your get after death," he has said nothing, [for the implication is: ("This is your get) after I die," and there is no get after death.] (If he said: "This is your get) from today if I die," "from now if I die," it is a get. (If he said:) "from today and after death," it is a get and not a get. [We do not know whether it was a condition, viz.: "from today if I die," in which instance, when he dies the condition is fulfilled and the get takes effect from the time it was given — or whether it was retraction, his "taking back" "from today," and saying: "After death, let if be a get," in which instance it is nothing, in that he did not say: "from today if I die."] If he died, she receives chalitzah, [for it might not be a get], and she is not taken in yibum, [for it might be a get, in which instance she is his (the yavam's) brother's divorcée, and kareth-interdicted to him.] (If he said:) "This is your get from today if I die from this illness," and he arose and walked in the market, and then took ill and died — we "evaluate" him. If (we see him) as having died from the first illness, it is a get; if not, it is not a get.

לֹא תִתְיַחֵד עִמּוֹ אֶלָּא בִפְנֵי עֵדִים, אֲפִלּוּ עֶבֶד, אֲפִלּוּ שִׁפְחָה, חוּץ מִשִּׁפְחָתָהּ, מִפְּנֵי שֶׁלִּבָּהּ גַּס בָּהּ בְּשִׁפְחָתָהּ. מַה הִיא בְאוֹתָן הַיָּמִים. רַבִּי יְהוּדָה אוֹמֵר, כְּאֵשֶׁת אִישׁ לְכָל דְּבָרֶיהָ. רַבִּי יוֹסֵי אוֹמֵר, מְגֹרֶשֶׁת וְאֵינָהּ מְגֹרָשֶׁת:

She may not be alone with him [She may not be alone with the one who gave her a get and said to her: "from today if I die," lest he cohabit with her and she require a second get, for we suspect that he might have cohabited with her for the sake of betrothal.] (She may not be alone with him) except with witnesses — even a bondsman, even a bondswoman, except her own maidservant, for she is indifferent to her presence. What is she in those days? [This does not refer to the beginning, viz.: "from today if I die," for in that instance it is certain that when he dies, she is regarded retroactively as divorced from the time the get was given, and one who lived with her (from the giving until his death) is not liable, but (it refers to) an instance in which he says to her when he gives her the get: "This is your get, and be divorced by it from the time I am in the world if I die."] R. Yehudah says: She is like a married woman in every respect, [R. Yehudah holding that the get takes effect immediately before he dies, before which time she is a married woman.] R. Yossi says: She is divorced and not divorced, [R. Yossi holding that from the time he gives her the get, every moment we entertain the possibility that it might be the moment before death, so that it is "a get in doubt." And even though he lives longer, there is no retroactive determination (breirah). Therefore, her status is a doubtful one, and one who lives with her (from the time he gives her the get) requires a suspended guilt-offering (asham talui)].

הֲרֵי זֶה גִטֵּךְ עַל מְנָת שֶׁתִּתְּנִי לִי מָאתַיִם זוּז, הֲרֵי זוֹ מְגֹרֶשֶׁת, וְתִתֵּן. עַל מְנָת שֶׁתִּתְּנִי לִי מִכָּאן וְעַד שְׁלֹשִׁים יוֹם, אִם נָתְנָה לוֹ בְתוֹךְ שְׁלֹשִׁים יוֹם, מְגֹרֶשֶׁת, וְאִם לָאו, אֵינָה מְגֹרֶשֶׁת. אָמַר רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל, מַעֲשֶׂה בְצַיְדָּן בְּאֶחָד שֶׁאָמַר לְאִשְׁתּוֹ, הֲרֵי זֶה גִטֵּךְ עַל מְנָת שֶׁתִּתְּנִי לִי אִצְטְלִיתִי, וְאָבְדָה אִצְטְלִיתוֹ, וְאָמְרוּ חֲכָמִים, תִּתֵּן לוֹ אֶת דָּמֶיהָ:

(If he said:) "This is your get on condition that you give me two hundred zuz," she is divorced, and she must give it. [She is divorced from now, from the time she receives the get, and she must give him what was stipulated. And if the get were lost or torn before she gave him the money, she does not require another get. For "saying: 'on condition' is equivalent to saying 'from right now.'"] (If he said:) "on condition that you give it to me from now within thirty days," if she gave it to him within thirty days, she is divorced; if not, she is not divorced. R. Shimon b. Gamliel said: Once, in Tziddon, a man said to his wife: "This is your get on condition that you give me my mantle," and his mantle was lost, and the sages said: "Give him its value." [The gemara explains that something is missing and that this is the intent: If he said to her: "on condition that you give me my mantle," and his mantle were lost, (we understand that) he meant this specific mantle (and she is not divorced.) R. Shimon b. Gamliel says: She gives him its value, that being all that the husband intended. And it also once happened in Tziddon that a man said to his wife … and the sages said: "Give him its value." The halachah is not in accordance with R. Shimon b. Gamliel.]

הֲרֵי זֶה גִטֵּךְ עַל מְנָת שֶׁתְּשַׁמְּשִׁי אֶת אַבָּא, עַל מְנָת שֶׁתֵּנִיקִי אֶת בְּנִי, כַּמָּה הִיא מֵנִיקָתוֹ, שְׁתֵּי שָׁנִים. רַבִּי יְהוּדָה אוֹמֵר, שְׁמֹנָה עָשָׂר חֹדֶשׁ. מֵת הַבֵּן אוֹ שֶׁמֵּת הָאָב, הֲרֵי זֶה גֵט. הֲרֵי זֶה גִטֵּךְ עַל מְנָת שֶׁתְּשַׁמְּשִׁי אֶת אַבָּא שְׁתֵּי שָׁנִים, עַל מְנָת שֶׁתֵּנִיקִי אֶת בְּנִי שְׁתֵּי שָׁנִים, מֵת הַבֵּן אוֹ שֶׁמֵּת הָאָב אוֹ שֶׁאָמַר הָאָב אִי אֶפְשִׁי שֶׁתְּשַׁמְּשֵׁנִי, שֶׁלֹּא בְהַקְפָּדָה, אֵינוֹ גֵט. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר, כָּזֶה גֵט. כְּלָל אָמַר רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל, כָּל עַכָּבָה שֶׁאֵינָהּ הֵימֶנָּה, הֲרֵי זֶה גֵט:

(If he said:) "This is your get on condition that you serve my father," "on condition that you nurse my son," [The gemara explains that where he did not qualify his words, not stating specifically how much time she should serve his father, he is to be understood as having stated "for one day," and the condition is fulfilled if she serves his father or nurses his son one day alone.] …How long does she nurse him? [That is, how long is the time of nursing, within which, if she nurses him for one day, the condition is fulfilled?] Two years. R. Yehudah says: Eighteen months. [But if she nursed him after two years, according to the rabbis, or after eighteen months, according to R. Yehudah, this is not nursing, and the condition has not been fulfilled. The halachah is not in accordance with R. Yehudah.] — if the son died, [and she did not nurse him at all]; or if the father died, [and she did not serve him], it is a get. [For he (the husband) did not wish to taunt her, but only to gain some benefit, and it was not required. Had he known that his father or his son would die, he would not have made the condition in the first place.] (If he said:) "This is your get on condition that you serve my father for two years," "on condition that you nurse my son for two years" — if the son died, or if the father died, or if the father said: "I do not want you to serve me," without offense [i.e., even though she did not anger him, so that the forestalling (of the fulfillment of the condition) is not due to her], it is not a get [and, it goes without saying, if it were with offense.] R. Shimon b. Gamliel said: In such an instance, it is a get, [since she did not offend and was not the cause of the forestalling.] R. Shimon b. Gamliel stated a general rule: (In the instance of) any forestalling which is not due to her, it is a get. [The halachah is not in accordance with R. Shimon b. Gamliel.]

הֲרֵי זֶה גִטֵּךְ אִם לֹא בָאתִי מִכָּאן וְעַד שְׁלֹשִׁים יוֹם, וְהָיָה הוֹלֵךְ מִיהוּדָה לַגָּלִיל, הִגִּיעַ לְאַנְטִיפַּטְרֶס וְחָזַר, בָּטֵל תְּנָאוֹ. הֲרֵי זֶה גִטֵּךְ אִם לֹא בָאתִי מִכָּאן עַד שְׁלֹשִׁים יוֹם, וְהָיָה הוֹלֵךְ מִגָּלִיל לִיהוּדָה, וְהִגִּיעַ לִכְפַר עוֹתְנַאי וְחָזַר, בָּטֵל תְּנָאוֹ. הֲרֵי זֶה גִטֵּךְ אִם לֹא בָאתִי מִכָּאן עַד שְׁלֹשִׁים יוֹם, וְהָיָה הוֹלֵךְ לִמְדִינַת הַיָּם וְהִגִּיעַ לְעַכּוֹ וְחָזַר, בָּטֵל תְּנָאוֹ. הֲרֵי זֶה גִטֵּךְ כָּל זְמַן שֶׁאֶעֱבֹר מִכְּנֶגֶד פָּנַיִךְ שְׁלֹשִׁים יוֹם, הָיָה הוֹלֵךְ וּבָא, הוֹלֵךְ וּבָא, הוֹאִיל וְלֹא נִתְיַחֵד עִמָּהּ, הֲרֵי זֶה גֵט:

(If he said:) "This is your get if I do not come from now until thirty days," and he went from Yehudah to the Galil — if he reached Antipatras and he returned, his condition is voided. [The gemara explains this Mishnah as relating to an instance where he makes two conditions: 1) If I come to the Galil, it is to be a get immediately; 2) if I do not come to the Galil — if I do not return before thirty days, it is to be a get; if not, it is not to be a get. If he went and reached Antipatras, the end of the land of Judah and returned within thirty days, the get is void. For he did not reach the Galil, and he did not tarry thirty days.] (If he said:) "This is your get if I do not come from now until thirty days," and he went from the Galil to Yehudah — if he reached Kfar Otnai [which is at the end of the border of the Galil], and he returned, his condition is voided. (If he said:) "This is your get if I do not come from now until thirty days," and he went abroad — if he reached Acco [which is at the end of the border of Eretz Israel] and returned [within thirty days], his condition is voided, [for he did not go abroad and he did not tarry thirty days.] (If he said:) "This is your get if I go thirty days without seeing your face" — if he went and came, went and came [afterwards — if thirty days passed without his seeing her face, it is a get. And we do not say that since in the beginning he came and went there is reason to suspect that he might have effected a reconciliation and voided the get, for] since he was not together with her [in the time he came and went, we do not suspect that he might have effected a reconciliation, and when the condition is fulfilled and he goes thirty days without seeing her face,] it is a get. [The gemara explains that he says at the time of the condition: "It is with this understanding that I give her the get — that she be believed by me as a hundred witnesses if she says that I did not come and stay together with her and effect a reconciliation." And this is the halachah. For if he did not say this at the time of the condition, we fear that he might come and protest and say that he had effected a reconciliation.]

הֲרֵי זֶה גִטֵּךְ אִם לֹא בָאתִי מִכָּאן וְעַד שְׁנֵים עָשָׂר חֹדֶשׁ, וּמֵת בְּתוֹךְ שְׁנֵים עָשָׂר חֹדֶשׁ, אֵינוֹ גֵט. הֲרֵי זֶה גִטֵּךְ מֵעַכְשָׁיו אִם לֹא בָאתִי מִכָּאן וְעַד שְׁנֵים עָשָׂר חֹדֶשׁ, וּמֵת בְּתוֹךְ שְׁנֵים עָשָׂר חֹדֶשׁ, הֲרֵי זֶה גֵט:

(If he said:) "This is your get if I do not come from now until twelve months," and he died within twelve months, it is not a get. [For since he did not say: "From now after twelve months it shall be a get," and he died within that time, she requires yibum.] (If he said:) "This is your get from now if I do not come from now until twelve months," and he died within twelve months, it is a get.

אִם לֹא בָאתִי מִכָּאן עַד שְׁנֵים עָשָׂר חֹדֶשׁ כִּתְבוּ וּתְנוּ גֵט לְאִשְׁתִּי, כָּתְבוּ גֵט בְּתוֹךְ שְׁנֵים עָשָׂר חֹדֶשׁ וְנָתְנוּ לְאַחַר שְׁנֵים עָשָׂר חֹדֶשׁ, אֵינוֹ גֵט. כִּתְבוּ וּתְנוּ גֵט לְאִשְׁתִּי אִם לֹא בָאתִי מִכָּאן וְעַד שְׁנֵים עָשָׂר חֹדֶשׁ, כָּתְבוּ בְתוֹךְ שְׁנֵים עָשָׂר חֹדֶשׁ וְנָתְנוּ לְאַחַר שְׁנֵים עָשָׂר חֹדֶשׁ, אֵינוֹ גֵט. רַבִּי יוֹסֵי אוֹמֵר, כָּזֶה גֵּט. כָּתְבוּ לְאַחַר שְׁנֵים עָשָׂר חֹדֶשׁ וְנָתְנוּ לְאַחַר שְׁנֵים עָשָׂר חֹדֶשׁ וּמֵת, אִם הַגֵּט קָדַם לַמִּיתָה, הֲרֵי זֶה גֵט. וְאִם מִיתָה קָדְמָה לַגֵּט, אֵינוֹ גֵט. וְאִם אֵין יָדוּעַ, זוֹ הִיא שֶׁאָמְרוּ, מְגֹרֶשֶׁת וְאֵינָהּ מְגֹרָשֶׁת:

(If he said:) "If I do not come from now until twelve months, write and give a get to my wife" — if they wrote it within twelve months and gave it after twelve months, it is not a get. (If he said:) "Write and give a get to my wife if I do not come from now until twelve months" — if they wrote it within twelve months and gave it after twelve months, it is not a get. R. Yossi says: In this instance, it is a get. (If he said:) "Write it after twelve months and give it after twelve months," and he died — if the (writing of the) get preceded his death, it is a get; and if his death preceded the (writing of the) get, it is not a get. And if it is not known (which preceded which), of such an instance they said: "She is divorced and not divorced."