Gittin 76b
גיטין ע״ו ע״ב
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Topic
Conditional גיטין: אביי's two-condition reading, 'your presence,' גט ישן, the משנה of 'מעכשיו' and the husband's death, and רבותינו's lenient ruling.
Overview
The עמוד opens by finishing the משנה's travel cases. Twice, a husband who turned back at אנטיפרס or at עכו seems to clash with the geography, and both times אביי answers that the husband set two conditions: reaching the destination, or thirty days on the road. Next comes the husband who said 'if I pass from your presence thirty days' and kept coming and going. רב הונא says 'your presence' means marital relations. רבי יוחנן says it is literal, and that the גט simply has not become a גט ישן. A ברייתא supports רבי יוחנן. The worry that he won her over is answered by a husband who said she is believed to say he did not come, and the גמרא brings two versions of where this answer was said. A new משנה then teaches that without 'מעכשיו' a husband's death within twelve months cancels the גט, while with it the גט is valid. The same משנה covers instructions to messengers to 'write and give,' where רבי יוסי disagrees, and a case where it is unknown whether the גט or the death came first. The גמרא reports that 'our Rabbis' (the court of רבי יהודה נשיאה) let her remarry, following רבי יוסי's rule that a document's date shows when it takes effect. It then discusses רבי אלעזר's question of when she was freed. At the end, אביי begins a statement about a גט tied to sunrise, which continues on the next עמוד.
Opening lines
וְאֵינָהּ מְגוֹרֶשֶׁת!
...or she is not divorced!
אָמַר אַבָּיֵי,
Abaye said:
תְּרֵי תְּנָאֵי קָאָמַר לַהּ:
He was saying two conditions to her:
אִי מָטֵינָא לְגָלִיל –
If I reach the Galilee,
The steps (28)
- ChallengeThe end of the challenge about אנטיפרס
- ResolutionTwo conditions: reaching the גליל or thirty days on the road
- ChallengeIs עכו really outside ארץ ישראל?
- ResolutionThe same two-condition answer for עכו
- ChallengeHow can it be a valid divorce if he never stayed away?
- Resolutionרב הונא: 'Your face' means marital relations
- Resolutionרבי יוחנן: 'Your face' is literal, and the גט will work later
- ProofA ברייתא supports רבי יוחנן
- ChallengeMaybe he won her over and was alone with her
- ResolutionThe husband said he trusts her to say he did not come
- StatementA second version: the teaching was said on a later משנה
- ChallengeMaybe he made up with her during the year
- ResolutionHe said she is believed to say he did not come
- ConclusionComparing the two versions
- StatementNew משנה: without 'from now', death cancels the divorce
- StatementSaying 'from now' makes the גט valid even if he dies within the year
- StatementCondition said first, then 'write and give': writing it early cancels the גט
- Statement'Write and give' said first, then the condition: still invalid according to the תנא קמא
- Statementרבי יוסי: with this word order the גט is valid
- StatementWritten and given at the right time, but the husband died: which came first?
- StatementA ברייתא: our Rabbis permitted her to remarry
- QuestionWho are 'our Rabbis'?
- ResponseThe court that permitted oil, following רבי יוסי
- Statementרבי יהודה נשיאה ruled this, but his colleagues did not agree
- QuestionDid they let her remarry right away or after twelve months?
- ChallengeThe same question could be asked about the משנה
- ResolutionYes, but the elder had been there
- Statementאביי begins: what everyone agrees on about 'when the sun comes out'