For the week ending 20 February 2016 / 11 Adar I 5776

Gittin 72 - 78

by Rabbi Mendel Weinbach zt'l
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  • Status of a get given on condition of a man dying
  • The position of Rabbi Yehuda Nessiah and Rabbi Yossi regarding the impact of writing the date of the get
  • The power of the Sages to annul a marriage
  • Divorces or transactions made conditionally which run into unforeseeable circumstances
  • The interim status of the wife receiving a get conditioned on the man dying from his current illness
  • When there is suspicion that the man in such a case who consorted with her initiated a new marriage
  • A divorce or marriage on condition of one of the parties receiving something from the other
  • If waiving fulfillment of a condition is considered fulfillment
  • The enactment of Hillel allowing one to repurchase against the will of the buyer a home in a walled city
  • The different requirements for condition in a get to limit its effectiveness
  • Condition in a get made for the wife to provide a service for the man's father or child
  • Condition in a get made for man being away for a period of time
  • Which weekdays are considered as after Shabbat and which before
  • A get thrown into a property owned by the wife
  • The get of a dying man being delivered to his wife on Shabbat
  • The need for the divorcer to inform his wife that the document he gave her is a get
  • Throwing a get to the wife in a public domain

The Two Princes

  • Gittin 76b
"The Beit Din that permitted the use of the oil of non-Jews."

This was the name given to a body of Talmudic Sages headed by Rabbi Yehuda Nessiah whose ruling regarding a divorce with a condition is mentioned in our gemara.

Who was this Sage whose name is so similar to that of Rabbi Yehuda Hanassi who is reverently referred to as Rebbie or Rabbeinu Hakadosh?

Rashi supplies us with the answer. Rabbi Yehuda Nessiah was the grandson of Rabbi Yehuda Hanassi and lived in the era of the amoraim,as distinguished from his grandfather who was among the last of the tanaim. Although both of them had the title of nassi – head of the Sanhedrin – the title affixed to their similar name was changed in order to indicate that they were two different people.

Although his above-mentioned ruling regarding oil was accepted, Rabbi Yehuda Nessiah did not fare so well in regard to his ruling regarding the divorce. Rabbi Yochanan reported that his position – that the date written in a get indicates that the divorce is intended to take retroactive effect on that day once the condition mentioned is fulfilled – was not accepted by his colleagues.

What the Sages Say

"The first, second and third days of the week are called after Shabbat in regard to a get given on condition of the man returning after Shabbat (and applied to how long one can make havdalah) while the fourth, fifth and sixth are considered as being before the next Shabbat."

  • Rabbi Zeira or Rabbi Assi -Gittin 77a

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