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1a) [line 14] KOL MAKOM SHE'SHANAH RASHBA"G B'MISHNASEINU, HALACHAH K'MOSO - every place in the Mishnayos in which Raban Shimon ben Gamliel teaches [his opinion], the Halachah follows his opinion b) [line 15] CHUTZ ME'AREV V'TZIDON V'RA'AYAH ACHARONAH - except for the cases of Arev (a guarantor), Tzidon (the city of Sidon) and Ra'ayah Acharonah (the latter case of proof), as follows: (a) AREV (Bava Basra 173b-174a): The Chachamim rule that a loan may be given on the condition that the creditor can collect from the debtor's guarantor (Arev Kablan) before first going to the debtor. Raban Shimon ben Gamliel rules that if the debtor has property, the creditor must collect from him, even if the loan was given under the above conditions.2) [line 16] HAREI ZEH GITEICH V'HANEYAR SHELI - this is your Get, but the paper [still] belongs to me 3) [line 17] EINAH MEGURESHES - she is not divorced, since he has not given her any document to serve as a bill of divorce, and the Torah states, "v'Nasan b'Yadah" - "and he shall place into her hand [the bill of divorce]" (Devarim 24:1) (RASHI) 4) [line 17] AL MENAS SHE'TACHZIRI LI ES HA'NEYAR - [this is your Get,] on the condition that you return to me the paper [on which it is written] 5) [line 18] MEGURESHES - she is divorced, for the reasons that are presented by the Amora'im in the Gemara below 6) [line 20] EFSHAR D'MEFAISAH LEI BI'DAMEI - perhaps she will appease him with money (paying him the value of the paper) 7) [line 22] HEICHA D'LEISEI B'EINEI - [in a case] where it (the object in question, i.e. the robe) is no longer in existence
8) [line 24] TENAI KAFUL - The two-sided conditional statement 1. According to some, if the words "Al Menas" ("on the condition that...") are included in the words of the conditional statement, it is considered as if the statement is double-sided, and the second side need not be stated explicitly (RAMBAM Hilchos Ishus 6:17).(e) Even if the wording of the conditional statement is properly formulated, there are still certain instances in which a Tenai will not work. For example, the condition and the action cannot affect the same subject ("Tenai u'Ma'aseh b'Davar Echad," as the Gemara states below); the condition must be physically possible to perform (Gitin 84a); and the condition must not be dependent upon the concept of Bereirah (according to the opinion that rules Ein Bereirah -- Gitin 25b, see Background to Beitzah 37:9). There are also rules as to which types of actions can be qualified by a Tenai. A Tenai can only be stipulated for the types of actions which one is able to perform through an agent (a Shali'ach), such as the purchase or sale of land or other objects, or such as effecting a marriage or divorce (Kidushin or Gerushin). When performing actions such as Chalitzah, which cannot be performed through a Shali'ach, a Tenai cannot be stipulated. (f) If the Tenai is not formulated properly, or if it does not fulfill one of the above points, the Tenai is not valid and the action (that is the Kinyan) takes effect even if the parties do not fulfill the specified conditions. That is, the Tenai is disregarded. 9) [line 28] TENAI KODEM L'MA'ASEH - the statement of the condition must precede the statement of the action 10) [last line] TENAI B'DAVAR ECHAD U'MA'ASEH B'DAVAR ACHER - the condition and the action cannot affect the same subject
11) [line 4] KOL HA'OMER AL MENAS K'OMER ME'ACHSHAV DAMI See Background to Gitin 74:14.
12) [line 6] SHECHIV MERA 13) [line 6] IM LO MATI, LO YEHEI GET - if I do not die [from this illness], this Get should not take effect 14) [line 12] HEN KODEM L'LAV - the positive [side of the condition] must precede the negative [side] 15) [line 13] ELA AMAR RAVA, IM LO MATI... - Rava suggests to repeat the phrase "Im Lo Mati, Lo Yehei Get" after the phrase "Im Mati, Yehei Get" in order to meet all of the necessary conditions, as the Gemara illustrates presently 16) [line 18] AL MENAS SHE'TESHAMSHI ES ABA - on the condition that you serve my father 17) [line 24] "IY EFSHI SHE'TISHAMSHEINI," SHE'LO B'HAKPADAH - "I do not want her to serve me," said without dissatisfaction (since she did nothing to upset
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