Soncino English Talmud
Gittin
Daf 73a
and this is to show us that it is when he goes on a crutch that an estimate must be made, but that in the other case we do not even require to estimate. Are we to understand from this that the gift of a sick person who passes from one illness to another [and dies] is valid? — Yes, since R. Eleazar has said in the name of Rab, The gift of a sick person who passes from one illness into another is valid. Rabbah and Raba did not concur in this opinion of R. Huna, as they were afraid it might lead people to think that a Get could be given after death. But is it possible that where a Get is invalid according to the Torah we should, for fear [of misleading people], declare it effective for making a married woman marriageable? — Yes; whoever betroths a woman does so on the conditions laid down by the Rabbis, and the Rabbis have nullified the betrothal of such a one. Said Rabina to R. Ashi: This can well be where he betrothed by means of a money gift, but if he betrothed by means of intercourse what can we say? — He replied: The Rabbis declared his intercourse to be fornication. Our Rabbis taught: If he says, This is thy Get from to-day if I die from this illness, and the house fell on him or a serpent bit him, it is no Get. If he said, If I do not get up from this illness, and the house fell on him or a serpent bit him, it is a Get. Why is the rule different in the first case and in the second? — They sent from there to say [in answer to an inquiry], If a lion consumed him, we cannot consider [it a Get]. A certain man sold a field to his neighbour, guaranteeing him against any accident that might happen to it. Eventually they [the Government] turned a river through it. He consulted Rabina, who said to him, You must go and clear it for him, since you have guaranteed him against any accident which may happen to it. Thereupon R. Aha b. Tahalifa remarked to Rabina: It is an exceptional kind of accident. Various opinions were taken and the matter was at last laid before Raba, who said, it is an exceptional kind of accident. Rabina raised [the following] objection against Raba: '[Where he said] If I do not get up from this illness, and the house fell on him or a serpent bit him, this is a Get'? — Raba replied: Why do you not quote the earlier clause, where it says, 'It is no Get'? — Said R. Aha from Difti to Rabina: Because the first clause conflicts with the second, may we not raise an objection from the latter? — He replied: That is so; since the first clause conflicts with the second, the latter was not discussed in the Beth Hamidrash, and it is not authentic. [You must therefore] follow your own reason. R. Papa and R. Huna the son of R. Joshua bought some sesame on the bank of Nehar Malka, and they hired some boatmen to bring it across with a guarantee against any accident that might happen to it. After a time the Nehar Malka canal was stopped up. They said to them: Hire asses and deliver the stuff to us, since you have guaranteed us against any accident. They appealed to Raba, who said to them: White ducks who want to strip men of their clothes, it is an exceptional kind of accident. MISHNAH. SHE SHOULD NOT CONSORT WITH HIM SAVE IN THE PRESENCE OF WITNESSES, THOUGH A SLAVE OR A BONDWOMAN IS SUFFICIENT — NOT, HOWEVER, HER OWN BONDWOMAN, SINCE SHE CAN TAKE LIBERTIES WITH HER OWN HANDMAID. WHAT IS HER STATUS DURING THOSE DAYS? R. JUDAH SAYS THAT
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