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1) A GET FOUND LATER

(a) (Rav Yehudah): The law is, if no person delayed where the Get was lost (this is considered immediately).
(b) (Rabah bar bar Chanah): The law is, if a person did not pass there.
(c) Question: Why didn't each just say as which Tana he rules?
(d) Answer: Other Amora'im have a different version of which Tana said which period of time.
(e) (Mishnah): If he found it in a Chafisah or Dluskema...
(f) Question: What is a Chafisah?
(g) Answer (Rabah bar bar Chanah): A small leather bag.
(h) Question: What is a Dluskema?
(i) Answer: A bag.

(a) (Mishnah): A messenger brings a Get; when he left, the husband was old or sick. He gives the Get, and we assume that the husband is still alive.
(b) A Bas Yisrael married to a Kohen eats Terumah even when he husband goes abroad, we assume he is still alive.
(c) One who sends a sin-offering from abroad - we assume he is still alive, so we offer it on the Altar.
(d) (Gemara - Rava): The law of out Mishnah only applies if the husband was less than 80 years old, and only moderately sick;

1. But if he was at least 80, or was Goses (a dying person that probably will not survive), we are concerned that he may have died.

(e) Question (Abaye - Beraisa): A messenger brings a Get; when he left, the husband was old, even 100 years old, he gives the Get; we assume that the husband is still alive.

1. Version #1: Rava is refuted.
2. Version #2: Rava is not refuted - perhaps we are concerned that a person in his 80's may die any day; but one who has lived to 100 - since he lived so long, we assume he is still alive.

(f) Contradiction (Abaye - Mishnah): A messenger brings a Get; when he left, the husband was old or sick. He gives the Get, and we assume that the husband is still alive;

1. (Beraisa): A Kohen told his wife 'This is your Get, it should take effect a moment before I die' - the moment she takes the Get, she is forbidden to eat Terumah.

(g) Answer (Rabah): Regarding Terumah, we can be stringent, and require her to eat Chulin. But in the Mishnah, if we will worry, perhaps the husband already died, and not allow her to take the Get, we will make women Agunos (unable to remarry)!
(h) Question: Regarding Terumah itself, sometimes we assume that the husband is still alive, sometimes we do not!

1. (Mishnah): A Bas Yisrael is married to a Kohen; he went abroad. She may eat Terumah, we assume he is still alive.
2. Contradiction (Beraisa): A Kohen told his wife 'This is your Get, it should take effect a moment before I die' - the moment she takes the Get, she is forbidden to eat Terumah.

(i) Answer #1 (Rav Ada brei d'Rav Yitzchak): Regarding Terumah, we are not worried, perhaps he died. The case of the Beraisa is different, since she is forbidden to eat (for a moment) even in her husband's lifetime.
(j) Objection (Rav Papa): If she dies first, she will never be forbidden!
(k) Answer #2 (Abaye): Our Mishnah is as R. Meir, who is not concerned, lest the husband died; the Beraisa is as R. Yehudah, who is concerned.

1. (Beraisa - R. Meir): One who buys wine from Kusim (and is not able to separate the tithes before drinking) says: The 2 Lugim that I will later separate should be Terumah; 10 Lugim (that I will separate) - Ma'aser Rishon; 9 Lugim - Ma'aser Sheni.
2. He (Rashi -redeems the Ma'aser Sheni; Tosfos - mixes the wine) and may drink immediately;
3. R. Yehudah, R. Yosi and R. Shimon say, he must separate the tithes before drinking.

i. They do not allow relying on Breirah to tithe wine for the reason stated in the Beraisa - perhaps the barrel will break before he separates the tithes, and he will have drunk Tevel retroactively. The concern that the barrel will break resembles the concern, perhaps he will die.

(l) Answer #3 (Rava): We are not concerned that the husband already died; we are concerned that he will die. (In the Beraisa, she may not eat Terumah, lest her husband died in the next moment, and she is already divorced.)

1. Question (Rav Ada bar Masnah): But in the case of tithing wine, the Tana'im argue whether we are concerned that the barrel will break - this resembles the concern that the husband will die!
2. Answer (Rav Yehudah of Diskarta): R. Meir is less concerned about the barrel breaking, because one can appoint a guard to watch the barrel.
3. Objection (Rav Mesharshiya): Who will ensure that the guard will watch it properly?

(m) Correction (Rava): Rather, we are not concerned that the husband already died; Tana'im argue whether we are concerned that he will die.
(n) (Mishnah): One who sends a sin-offering from abroad...
(o) Question: But the owner of the sacrifice must personally come to do Semichah (to lean on the animal)!
(p) Answer #1 (Rav Yosef): The case is, a woman sent it (women do not do Semichah).
(q) Answer #2 (Rav Papa): The case is, he sent a bird as a sin-offering (on which there is no Semichah).
(r) It was necessary to teach all 3 clauses of the Mishnah.

1. If we only taught regarding giving a Get - one might have thought, we assume he is still alive because we cannot be stringent (that would cause Igun) - but by Terumah, we are stringent;
2. If we only taught regarding Terumah - one might have thought, we assume he is still alive because sometimes, we cannot be stringent (his wife is poor, and cannot afford Chulin) - but by a sin-offering, we are stringent, lest the owner died and the sacrifice is invalid.

i. The owner may come himself!

(a) (Mishnah): R. Eliezer ben Parta said 3 cases in which we assume that a man is still alive; Chachamim agreed to all of them.

1. Someone in a besieged city;
2. Someone in a sinking ship;
3. Someone being taken for judgment in a capital case.

(b) However, someone in a city breached by the enemy, or that was on a ship that sank, or was taken to be executed - we are stringent to suspect that he may be alive or dead.
(c) (Gemara) [Version #1 (Rav Yosef): This only applies to a Beis Din of Yisrael; but by a court of Nochrim, once they passed sentence, they surely will kill him (therefore, someone taken to be executed would be presumed to be dead).
(d) Question (Abaye): But courts of Nochrim take bribes, he is not sure to die!
(e) Answer (Rav Yosef): They do not take bribes after the verdict has been signed.
(f) Question (Mishnah): If 2 witnesses say that Ploni was sentenced to die, and they name the Beis Din and witnesses who convicted him, we kill Ploni (we are not concerned, perhaps his verdict was overturned)!
(g) Answer: Perhaps the case of one who fled is different.
(h) (Beraisa): Someone heard a Beis Din of Yisrael say that Ploni (will) die (i.e. his sentence is that Beis Din will cause his death, but not directly kill him) or be killed (directly) - we can permit his wife to remarry;

1. If he heard Nochri executioners saying this, we do not permit her to remarry.

(i) Question: What is meant by 'He (will) die or be killed'?

1. Suggestion: He already died or was killed.
2. Rejection: If so, his wife should be permitted to remarry even if a Nochri executioner said this!

i. Anyone that mentions someone's death, unaware of the implications, we rely on this to permit his wife to remarry!

(j) Answer #1: Rather, it means that Ploni's sentence is that Beis Din will cause his death, or will directly kill him.

1. In such a case, by a Beis Din of Yisrael, we permit his wife to remarry - this shows, we are sure he was killed!
2. Answer #2: Really, it means that he already died or was killed.

i. Even though anyone that mentions someone's death, unaware of the implications, we rely on this to permit his wife to remarry, we do not rely on the words of a Nochri executioner.
ii. This is because Nochrim pride themselves that they judged properly, and are prone to lie!]

(k) [Version #2 (Rav Yosef): This only applies to a court of Nochrim; but by a Beis Din of Yisrael, once they passed sentence, they surely will kill him.