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1) A GET ON CONDITION OF DYING

(a) (Mishnah): As Reuven gave his wife a Get, he said 'This Get will be valid if I die', or 'This is your Get from (after) this sickness', or 'This is your Get after my death' - the Get is void;
(b) If he said 'This is your Get from today if I die', or 'This is your Get from now if I die' - the Get is valid.
(c) 'This is your Get from now and after my death' - she gets the stringencies of being divorced and still married - if she falls to Yibum, she does Chalitzah, not Yibum.
(d) 'This is your Get from today if I die from this sickness'; he got well enough to walk in the market, then fell sick and died - we evaluate:

1. If he died from the initial illness, the Get is valid; if not, not.

(e) (Gemara) Inference: When he says 'If I die', it is invalid - it must be, this is as saying 'After I die';
(f) Question: But the Mishnah continues 'This is your Get from now if I die' - the Get is valid - we see, 'if I die' is not as saying 'After I die'!
(g) Answer (Abaye): 'If I die' has 2 connotations - from now, or after he dies.

1. If he prefaces it by saying 'From today', it means from now; if not, it means after he dies.

(a) [Version #1 (Mishnah): 'This Get will be valid if I die' - the Get does nothing.
(b) (Rav Huna): If he died without children, the widow does Chalitzah.
(c) Question: But the Mishnah says, the Get does nothing!
(d) Answer #1: It does nothing to permit her to marry a stranger, but she is also forbidden to the Yavam.
(e) Objection: Since the end of the Mishnah says that she does Chalitzah, we infer that in the beginning of the Mishnah, she may do Yibum!
(f) Answer #2: The Mishnah is as Chachamim; Rav Huna's law is as R. Yosi, who says that the date on a document proves when it takes effect (in our case, from when it was given).
(g) Question: According to R. Yosi, Chalitzah should not be needed - she was divorced immediately, before he died!

1. Suggestion: Rav Huna is unsure if the law is as R. Yosi or not.
2. Rejection: But the following episode shows that he was sure!

i. Rav Huna asked Rav Nachman to ask Rabah bar Avuha whether the law is as R. Yosi or not.
ii. Rabah bar Avuha (citing Rav): The law is as R. Yosi.
iii. Question (Rav Nachman): What is R. Yosi's reasoning?
iv. Answer (Rav Huna): The date on a document proves when it takes effect.

(h) Answer #1: Rather, Rav Huna is unsure whether R. Yosi said this even if the condition was not written in the document, but was stated verbally.

(i) Objection: But Rav Huna had no doubt about this!

1. (Mishnah): 'This Get should take effect if I do not return within 12 months', and he died within 12 months - the Get is invalid;

i. (Beraisa): Chachamim permitted her to get married (without Chalitzah).
ii. (Rav Yehudah): These Chachamim are the Beis Din that permitted the oil of Nochrim; they hold as R. Yosi, who says that the date on a document proves when it takes effect.

(j) Answer #2: Rather, Rav Huna is unsure whether R. Yosi said his law regarding a verbal condition.
(k) Question: Is this really so?!

1. (Rava): 'This is your Get if I die', or 'For I will die' - the Get is valid;

i. 'When I will die' or 'After my death' - it is invalid.

2. Question: What is the case?

i. Suggestion: If he said 'From today', and it is as Chachamim - we know this from the Mishnah, 'From today if I die', the Get is valid.

3. Answer: Rather, he didn't say 'From today', and it is as R. Yosi - this shows, the law is as R. Yosi even by verbal conditions!

(l) Answer #1: Rava was sure, but Rav Huna was unsure.
(m) Answer #2: Really, Rava spoke according to Chachamim, when he said 'From today'; he came to teach 2 languages which are not taught in the Mishnah:

1. 'For I will die' - this is as 'If I die';
2. 'When I will die' - this is as 'After I die'.]

(n) [Version #2 (Mishnah): 'This is your Get after my death' - the Get does nothing.
(o) (Rav Huna): According to R. Yosi, if he died without children, the widow does Chalitzah.
(p) Question: This is obvious!

1. Chachamim say in the end of our Mishnah, 'From today and after I die', she does Chalitzah - since R. Yosi holds that the date on a document proves when it takes effect, saying 'After my death' is as saying 'From today and after my death', so she will also require Chalitzah!

(q) Answer: One might have thought, R. Yosi holds as Rebbi, who says that the Get is valid and Chalitzah is not needed;

1. Rav Huna teaches, this is not so - Rebbi does not hold as R. Yosi, nor does R. Yosi hold as Rebbi.
2. Question: To what teaching of Rebbi do we refer?
3. Answer (Beraisa): 'This is your Get from today and after I die' - she gets the stringencies of being divorced and still married - if she falls to Yibum, she does Chalitzah, not Yibum;

i. Rebbi says, such a Get is valid.

4. Question: To which teaching of R. Yosi do we refer?
5. Answer (Mishnah): 'Write and give a Get to my wife if I do not return within 12 months' - if they wrote the Get within 12 months and gave it after 12 months, the gate is invalid;

i. R. Yosi says, it is valid.

(a) (Mishnah): 'This is your Get from today if I die from this sickness'; he got well enough to walk in the market...
(b) (Rav Huna): The Get of a dying man is as a gift he gives - just as he may retract a gift, he may retract his Get.

1. Also - just as if he said to write a Get, we give it, even though he didn't say 'give' - also a gift, if suffices that he said 'write', even though witnesses didn't acquire on behalf of the recipient.

(c) (Mishnah): 'This is your Get from today if I die from this sickness'; he got well enough to walk in the market, then fell sick and died - we evaluate:

1. If he died from the initial illness, the Get is valid; if not, not.
2. Question: If he can retract - why must we evaluate the cause of death?

i. Since Rav Huna says, if he gets better, he (may) retract - behold, he got better!

3. Answer: (Mar brei d'Rav Yosef): The case is, he contracted a new sickness just as he was cured of the first sickness.
4. Question: But the Mishnah says, he got up!
5. Answer: He got up from 1 sickness and caught another sickness.
6. Question: But the Mishnah says, he walked in the market!
7. Answer: He walked with help of a staff.
8. The Mishnah teaches that only if he walked on his staff must we estimate - if not, we assume he died from the first illness.

(d) Question: May we infer, a dying man that went from 1 illness to another (and died) - if he gave a gift, it is valid?
(e) Answer: Yes.

1. (R. Elazar): A dying man that went from 1 illness to another (and died) - if he gave a gift, it is valid.

(f) (Rabah and Rava): A dying man that gave a Get may not retract if he recovers - this is a decree, lest people think that a Get can work after the husband dies.
(g) Question: Can it be, (if he retracts, mid'Oraisa the retraction is valid so) the Get is invalid, and by Rabbinical decree, she is considered divorced?!
(h) Answer: Yes - everyone that engages a woman wants that the engagement should be as Chachamim say; Chachamim allow such a Get to work by saying that the engagement was void retroactively.