Commentary for Avodah Zarah 73:12
לא נחלקו אלא באם תצא ר' יהודה הנשיא סבר לה כר' יוסי דאמר זמנו של שטר מוכיח עליו והוה ליה כמהיום אם מתי כמעכשיו אם מתי ורבנן לית להו דר' יוסי והוה ליה כזה גיטך אם מתי גרידא
They only differ over the case [where he said], “If the sun comes out [from its sheath]”: R. Judah Nesi’a holds like R. Yose who said, “The date of the document proves its intent,” and he holds it to be as if he said, “From today if I die” or “From now onward if I die.” The rabbis do not agree with R. Yose and hold that it is like, “Here is your bill of divorce if I die.”
Daf Shevui to Avodah Zarah
The rabbis and R. Judah Nesi’a disagree if the husband says, “If the sun comes out.” R. Judah Nesia’ says that in this case the date proves that his intent is for the divorce to go into effect retroactively once the sun comes out. It is like saying, “From today if I die.” So even if he dies at night, she is divorced. The other rabbis hold that that this is like saying “when the sun comes out.” So if he dies at night, the divorce never went into effect.
People may be wondering what all this hullabaloo is about—after all, she is either a widow or a divorcee. The issue is levirate marriage. If she is a widow, she might have to marry her dead husband’s brother. If she does not want to, she could be left without the ability to remarry.
People may be wondering what all this hullabaloo is about—after all, she is either a widow or a divorcee. The issue is levirate marriage. If she is a widow, she might have to marry her dead husband’s brother. If she does not want to, she could be left without the ability to remarry.
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