Talmud Bavli
Talmud Bavli

Related for Gittin 50:5

תולה בדעת עצמו לית ליה ברירה הא דאמרן תולה בדעת אחרים אית ליה ברירה דתניא הריני בועליך על מנת שירצה אבא אע"פ שלא רצה האב מקודשת ר' שמעון בן יהודה אומר משום רבי שמעון רצה האב מקודשת

from a sick husband] during those days [between the giving of the Get and his death]? R. Judah says that she is a married woman in every respect,'<span class="x" onmousemove="('comment',' And therefore if the husband is a priest she may eat terumah. ');"><sup>5</sup></span> and yet when the husband dies the Get takes effect.<span class="x" onmousemove="('comment',' Hence when God, to whom he has left the choice, decides that he should die, it is decided retrospectively that she was divorced from the moment he gave her the Get. ');"><sup>6</sup></span> R. Mesharsheya said further to Raba: There is also R. Simeon who holds that when the man keeps the choice in his own hands we do not decide retrospectively, but when he leaves the choice to others he holds that we do. That according to R. Simeon we do not decide retrospectively when he keeps the choice in his own hands [is shown] by [the teaching] just quoted. That [according to him] where he leaves the choice to others we do so decide is shown by the following [teaching]: [If a man says to a woman], I betroth thee by means of this intercourse<span class="x" onmousemove="('comment',' This being one of the methods of affiancing; v. Kid. ad. init. ');"><sup>7</sup></span> on condition that thy father consents, even if the father does not consent she is betrothed. R. Simeon b. Judah said in the name of R. Simeon that if the father consents she is betrothed,

Tosefta Kiddushin

(Translated from the Ehrfurt manuscript:) Any stipulation which has the action at the beginning, such a stipulation is invalid. How so? [If he, the brother-in-law whose brother died, said to her, his dead brother's wife,] "Now that I have released you from the levirate bond, with the understanding that my father is happy about it", even if his father doesn't want this—she is divorced [since he already released her with halitzah]. "Now that I have had sex with you, [be betrothed to me] with the understanding that my father is happy about it", even if his father doesn't want this—she is betrothed [since they already had sex, the stipulation is void]. Rabbi Shimon ben Yehudah says in the name of Rabbi Shimon: If the father wants it—she is betrothed, for she only had sex because of that original condition. Rabbi Shimon ben Elazar had a pneumonic: Any stipulation which is possible to do oneself or with an agent and he stipulated about it—his stipulation stands; but any stipulation that is impossible to do except with his body and he stipulated about it—his stipulation is void. How so? "Behold I divorce you with the understanding that my father is happy about it", if the father wants it—she is divorced; but if he doesn't want it—she is not divorced. "Behold I betroth you with the understanding that my father is happy about it", if the father wants it—she is betrothed; but if he doesn't want it—she is not betrothed.
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