Soncino English Talmud
Gittin
Daf 75a
, we conclude that in general a gift forced on the donee is not accounted a gift. R. Papa (or as some say R. Shimi b. Ashi) strongly demurred to this, [saying:] But perhaps Hillel thought there was need for a special regulation only where the money was given not in the donee's presence, but where it was made to him personally, the gift would be effective whether he was willing to receive it or not? According to another version, Raba said: From the regulation of Hillel we may infer that if he said, This is your Get on condition that you give me two hundred zuz and she gave them to him, whether he accepted them willingly or she forced them on him, the transfer is effective. For Hillel felt the need for a special regulation only where the money was given not in his presence, but if given to him personally the gift, whether accepted or forced on one, is effective. To this R. Papa (or some say R. Shimi b. Ashi) strongly demurred, [saying], Perhaps even if made to him personally the gift if made with his consent is effective but if against his will not, and Hillel made only the adjustment which was required? Rabbah b. Bar Hanah said in the name of R. Johanan: Wherever Rabban Simeon b. Gamaliel gives a ruling in our Mishnah, the halachah follows him, save in the matters of the 'Areb', of 'Sidon' and of the 'later proof'. Our Rabbis taught: If a man says, This is your Get on condition that the paper belongs to me, she is not divorced; if he says, On condition that you return me the paper, she is divorced. Why this difference between the two cases? — R. Hisda replied: The authority followed here is Rabban Simeon b. Gamaliel, who said [in an analogous case that] she should give the money value; so here too, it is possible for her to make it right for him with a money payment. Abaye strongly demurred to this, saying: I grant you that Rabban Simeon b. Gamaliel meant this ruling to apply where the object for which compensation is given cannot be produced, but would he have said the same where it can be produced? No, said Abaye: the authority followed here is R. Meir, who said that a condition to be binding must be duplicated, and here he has not duplicated his condition. Raba strongly objected to this, saying, The reason [according to you] is that he did not duplicate the condition, so that if he had duplicated the condition it would not have been a Get. Let us see now. Whence do we derive [the rule governing] conditions? From [the condition] of the children of Gad and the children of Reuben. Therefore just as there the condition was mentioned before the act conditional on it, so in all cases the condition should be mentioned before the act, and that excludes the present case where the act is mentioned before the condition. No, said Raba: the reason is that the act is mentioned before the condition. R. Ada b. Ahabah strongly objected to this, saying, The reason [according to you] is that the act was mentioned before the condition, so that if the condition were mentioned before the act it would not be a divorce. Let us see now. Whence do we derive the rule of conditions? From that of the sons of Gad and the sons of Reuben. Therefore just as there the condition relates to one thing and the act to another, so it should be in all cases, to exclude such a one as this
Sefaria
Sanhedrin 31a · Ketubot 77a · Sanhedrin 31a · Ketubot 74a · Numbers 32:29
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