Talmud Bavli
Talmud Bavli

Responsa for Gittin 145:8

מאי שנא רישא ומאי שנא סיפא

Our Rabbis taught: If he says, This is thy Get from to-day if I die from this illness, and the house fell on him or a serpent bit him, it is no Get. If he said, If I do not get up from this illness, and the house fell on him or a serpent bit him, it is a Get. Why is the rule different in the first case and in the second?<span class="x" onmousemove="('comment',' [The answer to the questions left unanswered here is supplied by the Jerusalem Talmud. In the first case he did not die from that illness. Whereas in the second, where the emphasis was on his 'getting up', the Get is valid since he did not after all 'get up'. Our Talmud however, did not evidently accept this distinction, seeing that in both cases the words 'from this illness' form part of the condition, and thus rejects the Baraitha. Tosaf.] ');"><sup>7</sup></span>

Teshuvot Maharam

Q. A, who fell sick, gave a bill of divorce to his wife on the condition that it be valid from the time of its delivery if he should die as a result of that sickness. A died as a result of that sickness and the people did not allow his wife to touch him, weep over him, or even walk after his hearse, claiming that such action on her part would invalidate her divorce.
A. The people were wrong. It is not within the province of a wife to invalidate her divorce.
SOURCES: Pr. 857; Mordecai Hagadol, p. 230c.
Ask RabbiBookmarkShareCopy
Previous VerseFull ChapterNext Verse