Commentary for Avodah Zarah 73:5
דתנן זה גיטך אם לא באתי מכאן עד שנים עשר חודש ומת בתוך שנים עשר חודש אינו גט ותני עלה ורבותינו התירוה לינשא ואמרינן מאן רבותינו אמר רב יהודה אמר שמואל בית דינא דשרו משחא
“This is your bill of divorce should I not return within twelve months,” and he died within twelve months, the divorce is invalid. On this it was taught: And our Rabbis permitted her to remarry; and we asked, who is “our Rabbis”? Rav Judah said in the name of Shmuel: The Court which permitted [non-Jewish] oil;
Daf Shevui to Avodah Zarah
Rabbi Judah Nesi’a also made a permissive ruling in the field of divorce law. According to the mishnah, if a husband stipulates that the divorce will be valid if he does not come back in twelve months, and then he dies, the divorce seems never had time to become valid. She will be a widow and potentially subject to levirate marriage (marriage with his brother if her husband did not have children). But R. Judah Nesi’a ruled that the divorce was valid because of the date written on it. This date proves that the husband wanted it to become retroactively valid when he failed to come back. Thus when he fails to come back it is valid from the time it is written.
The other rabbis did not agree with Rabbi Judah Nesi’a. And since he had used up two of his leniencies, he did not want to risk a third.
The other rabbis did not agree with Rabbi Judah Nesi’a. And since he had used up two of his leniencies, he did not want to risk a third.
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