פירוש על עבודה זרה 73:10

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.