Soncino English Talmud
Gittin
Daf 72b
whether R. Jose meant his ruling to apply to a verbal declaration or not. But was he uncertain? Have we not learnt, 'If a man said, This is your Get if I do not return within twelve months from now, and he died within the twelve months, the Get is not valid', and in this connection it was taught: 'Our Rabbis allowed her to marry', and we stated [in the Beth Hamidrash], Who are 'our Rabbis'? and Rab Judah said in the name of Samuel, The Beth din which permitted oil, and they took the same view as R. Jose? — We must therefore say that R. Huna's uncertainty was as to whether the halachah follows R. Jose where the declaration was made by word of mouth or not. But can he have been in doubt about this, seeing that Raba has said, If a man says, 'This is thy Get if I die', or 'supposing I die', the Get is valid, but if he said, 'When I die,' or 'After [my] death,' the Get is not valid. Now, how are we to understand this? Are we to suppose that he [also] said 'from to-day', and [that Raba adopted the view of] the Rabbis? Surely there is no need to tell us this, seeing that we have learnt, IF HE SAID, FROM TO-DAY IF I DIE, THE GET IS VALID. We must therefore suppose that he does not say to her 'from to-day', and that Raba adopted the view of R. Jose; which shows that the halachah is in accordance with R. Jose, [does it not]? — Raba was quite sure on the point, R. Huna was uncertain. Alternatively I may suppose [Raba to have meant that] the man does say 'from to-day', and that he was giving the view of the Rabbis, and that his purpose was to explain in regard to these various expressions that 'supposing I die' is equivalent to 'if I die', and 'when I die' to 'after [my] death'. Some connect [R. Huna's remark] with the latter clause [of the Mishnah], thus: IF A MAN SAYS, THIS IS YOUR GET AFTER [MY] DEATH, HIS WORDS ARE OF NO EFFECT: R. Huna said, If we accept the view of R. Jose, she must give halizah. Surely this is obvious: since in the later case the ruling of the Rabbis [requires her to] give halizah, in the earlier case also the ruling of R. Jose [must require her to] give halizah? — You might think that in this case R. Jose concurs with Rabbi who said that it is an unexceptionable Get and that she would not require to give halizah either, R. Huna therefore tells us that neither did Rabbi concur with R. Jose nor R. Jose with Rabbi. Rabbi did not concur with R. Jose because he stated expressly 'a Get like this is valid', to exclude one allowed by R. Jose. R. Jose did not concur with Rabbi, because he stated expressly, 'a Get like this is valid', to exclude one allowed by Rabbi. In what connection did Rabbi use these words? — As it has been taught: [If a man says,] From to-day and after my death, this is a Get and no Get. So the Rabbis; but Rabbi says, A Get like this is valid. In what connection did R. Jose use these words? — As we have learnt: [If a man says,] Write and give a Get to my wife if I do not come within twelve months from now, if then they wrote it within the twelve months and gave it after the twelve, it is no Get. R. Jose, however, said: A Get like this is valid. IF HE SAYS, THIS IS YOUR GET FROM TO-DAY IF I DIE AND HE GETS UP AND GOES ABOUT etc. R. Huna said: His Get is on the same footing as his gift; just as if he gets up he can withdraw his gift, so if he gets up he can withdraw his Get. And just as his Get, even though he does not express his intention precisely, is valid once he says 'write', even though he does not add 'give', so his gift is valid as soon as he says 'give' even though no token gift is made. We have learnt: IF HE SAYS, THIS IS YOUR GET FROM TO DAY IF I DIE FROM THIS ILLNESS, AND HE THEN GOT UP AND WENT ABOUT AND FELL SICK AND DIED, WE MUST ESTIMATE THE PROBABLE CAUSE OF HIS DEATH: IF HE DIED FROM THE FIRST ILLNESS, THE GET IS VALID, BUT OTHERWISE NOT. Now if you say that if he gets up he can retract, why do I require an estimate? We see that he has got up? — Mar the son of R. Joseph said in the name of Raba: We suppose he has passed from one illness into another. But it says that 'HE GETS UP'? — He gets up from one illness and falls into another. But it says 'HE GOES ABOUT'? — It means that he goes with a crutch;
Sefaria
Nedarim 27a · Gittin 76b · Ketubot 2b · Pesachim 53b · Sukkah 16b · Kiddushin 60b · Gittin 74b · Kiddushin 59b · Gittin 76b · Kiddushin 44b
Mesoret HaShas
Pesachim 53b · Sukkah 16b · Kiddushin 60b · Gittin 74b · Kiddushin 59b · Kiddushin 44b · Nedarim 27a · Gittin 76b · Ketubot 2b