Gittin 72b
גיטין ע״ב ע״ב
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Topic
רב הונא on a גט with a spoken condition according to רבי יוסי, and his rule that a sick man's גט, like his gift, is cancelled if he recovers.
Overview
The amud opens with רב הונא's doubt about a husband who adds a spoken condition to his גט. At first the גמרא says he was unsure whether רבי יוסי's rule, that the date on a document proves when it takes effect, applies in that case. A ברייתא about 'our Rabbis' shows that רבי יוסי does apply it. So the doubt is restated: does the הלכה follow רבי יוסי here? A ruling of רבא seems to settle this. The גמרא answers either that רבא was sure while רב הונא was not, or that רבא follows the רבנן and is only teaching how certain phrases are read. A second version puts רב הונא's statement on the 'after my death' case: according to רבי יוסי she must do חליצה, because רבי יוסי and רבי each hold their own view. Then the גמרא turns to a new line of the משנה, about a sick man's גט. רב הונא teaches that a sick man's גט works like his deathbed gift, so a real recovery cancels it. When the משנה seems to contradict this, the גמרא explains that the משנה's man never truly recovered and only walked leaning on his cane.
Opening lines
אִי אָמַר רַבִּי יוֹסֵי בְּעַל פֶּה,
whether Rabbi Yosei says [his rule] about a spoken [condition],
אִי לָא אָמַר.
or whether he does not say it.
וּמִי מְסַפְּקָא לֵיהּ?!
But is he uncertain?!
וְהָתְנַן:
But didn't we learn in a משנה:
The steps (24)
- StatementStating רב הונא's doubt about רבי יוסי
- ChallengeChallenge from the case of 'if I have not come back in twelve months'
- Proof'Our Rabbis' follow רבי יוסי
- Resolutionרב הונא's doubt is about the הלכה
- ChallengeHow can רב הונא be unsure? רבא already ruled on this
- QuestionWhat case is רבא talking about? Not one where he said 'from today'
- ProofSo רבא must hold the הלכה follows רבי יוסי
- ResolutionClear to רבא, uncertain to רב הונא
- ResolutionOr: רבא follows the רבנן and is teaching how to read the wording
- StatementAnother version: רב הונא on the 'after my death' case
- ChallengeIsn't this obvious?
- ResolutionWe might have thought רבי יוסי agrees with רבי
- ProofEach one's 'like this' excludes the other
- ProofThe source for רבי's view
- ProofThe source for רבי יוסי's view
- StatementNew line of the משנה: a גט given 'if I die from this illness'
- Statementרב הונא: a sick man's גט works like his gift
- StatementA sick man's gift works without a formal act of acquiring, just like his גט
- ChallengeChallenge from the משנה: why assess how he died if getting up cancels the גט?
- ResolutionAnswer: he passed straight from one illness into another
- ChallengeBut the משנה says 'he got up'
- ResolutionHe got up from this illness but fell into another
- ChallengeBut the משנה says 'he walked in the market'
- ResolutionHe walked leaning on his cane