Commentary for Avodah Zarah 73:10
אמר אביי הכל מודים לכשתצא חמה מנרתיקה לכי נפקא קאמר לה וכי מיית בליליא גט לאחר מיתה הוא
Abaye said: All agree [that if a man said to his wife that the divorce should take effect] when the sun comes out from its sheath, he intended the time of sunrise, and should he die during the night, it is then a bill of divorce which comes into effect after his death [and is invalid];
Daf Shevui to Avodah Zarah
Abaye here tries to reduce the dispute between the sages and R. Judah Nesi’a. He first brings up two points where they all agree. The man here is understood as saying that his divorce would be valid when the sun rises. Since he said “when” he clearly meant that it would not take place that night. Therefore if he dies at night, she is not divorced.
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