cellio: (talmud)
Monica ([personal profile] cellio) wrote2008-07-24 08:59 am
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daf bit: Gittin 13

The mishna teaches: if a man says "give this get (bill of divorce) to my wife and give this bill of emancipation to my slave" but dies before they are given, then they are not given after his death. In the g'mara the rabbis debate whether the declaration was made when the man was healthy or when death was imminent. The instruction of a man on his deathbed has the force of a formal document, which must be heeded, so this mishna, the rabbis say, must apply to a healthy man. (13a)

(I understand why it would be beneficial for the get to not take effect in this case; it is, so far as I know, always advantageous for a woman to be a widow rather than divorced (support, remarriage options). I don't understand the case of the slave, though, unless it's not about the slave but is to ensure that his sons inherit him?)

ext_87516: (torah)

[identity profile] 530nm330hz.livejournal.com 2008-07-24 02:09 pm (UTC)(link)
Yes, deathbed rules are different in that shelichut is not involved. As I recall the rules:

Case 1: Reuven is healthy, appoints Yiddle as his shaliach. Until Yiddle delivers the get, it hasn't taken effect. Reuven dies before Yiddle completes his shelichut, the get is voided.

Case 2: Shimon is on his deathbed, has the get written, it is effective immediately, he asks Yiddle to deliver it. The delivery of this get can happen after Shimon dies because it's already in effect.

Case 3: Levi is healthy, appoints Yiddle as his shaliach, and changes his mind before the get is delivered. He can retract the delivery of the get and he's still married. (I forget what happens if the get is delivered after Levi has changed his mind, but I think the get is valid in that case.)

Case 4: Yehudah is on his deathbed, has the get written, it is effective immediately, Yiddle toddles off to deliver it, Yehudah makes a miraculous recovery and wants to revoke the get. He can't.