Shiur will resume on Wednesday
If a husband gives a get to his wife in his house and instead of handing it to her directly, puts it on something that belongs to her, in what situations does it work? Why? What happens if he gives the get to her but doesn’t tell her it is a get? or puts it in her hand while she is sleeping? If they are in public space and the husband throws the get to her, it depends on where the get lands – closer to him or closer to her. Details of this are discussed – what exactly is meant by ‘closer to her’?
If one gives a get conditioned upon not returning in 12 months and in the interim, he dies, the get is not valid. However, Rabbi Yehuda Nesia validated this kind of get and caused a bit of a stir. In order to give a get, one needs to give the get to his wife. In today’s daf we learn that it just needs to get into her property. This raises various questions as to how can this be if a woman’s property that is her own that she brings into the marriage, belongs to her husband while they are married and only returns after she is divorced so how can she receive her divorce document through property that will only become hers after the divorce is effective. The law is stated that both her divorce and the property become her at the exact same moment.
There will be no shiur Thursday and Friday. I will be a scholar in residence at the Kemp Mill Synagogue (details in attached flyer) over Shabbat.
There is a disagreement in a case where a man gives his wife a get conditional upon dying from a sickness and he is cured, is the get cancelled or not? Rav Huna thinks the get is cancelled just like a gift of someone on his sick bed. Rabba and Rava disagree because they are concerned others with think the get is only good after death and therefore will think there is a way to give a get after one dies. The gemara asks how can they override the basic Torah law that will say this is a get. In answer, they give the famous response that the rabbis have the power to annul marriages. To what extent this answer can be applied in other cases is a subject of debate among the Rishonim and in modern times as well regarding resolving aguna cases.
What is the status of a woman whose husband says this is your get from now if I die? She cannot be alone with her husband for fear that they may sleep together for the purposes of betrothal and he will be required to give her a new get. If she sleeps with another man in this period (before he dies), there is a disagreement about whether she is considered 100% a married woman or is she a case where there is doubt whether or not she is married. This would affect the punishment.
The discussion from the last daf continues as to who the mishna is according to – Rabbi Meir or Rabbi Yossi regarding whether or not messengers can set up pther messengers to write and give the get. If a man divorces his wife conditioning it upon his death – does that work? Tanna Kama holds that it depend on the wording – if he said this is your get from now if I die, it works – upon his death, the get applies retroactively from the date he gave it. If not, it doesn’t work. Rabbi Yossi holds that it works in any case because the get is dated from today and therefore the date proves that he meant the get to be effective upon his death retroactive to the date in the get. Rav Huna’s statement about this mishna is questioned and the gemara struglles to explain according to who he was relating and which case.
According to Rav, a deaf person who can write – can write a note instructing others to give a get to his wife. The gemara points out that his law is a subject of debate among tanaim. The gemara here is grappling with issues of people with disabilities and is aware of the fact that although people may be categorized into a particular group, there are shades within each group and those with higher intellectual capabilities.
The gemara continues to discuss remedies for various diseases as well as explain what causes some of the various diseases. The gemara then goes back to discuss the mishna – a person who sent a messenger to write a get and then got kordiyakus and then said not to write the get. The mishna says we ignore his later orders. There is an argument between Resh Lakish and Rabbi Yochanan about whether we can write the get while he has the kordiyakus or do we wait until he gets better and then we write it based on his earlier instructions. This touches again on the power of appointing a messenger. Is he now acting independent of you? Or is he only an extension of you and if you are no longer of sound mind, then he can’t act for you?
2 stories are brought in today’s daf. One about Rav Sheshet who accused the servants of the Exilarch and how they tried to take revenge on him. Another one about Shlomo Hamelech and the demon Ashmedai who Shlomo captured in order to help him build the Beith Hamikdash. In the end, Ashmedai brings about Shlomo’s downfall.
The gemara struggles to understand Shmuel’s confusion about how to rule in the case where a husband said to 2 witnesses write and give a get to my wife and they asked a scribe to write the get. Is the get valid or not? If one is affected by the demon “kordayakus” after drinking wine, anything he tells a messenger to do regarding giving or canceling a get are disregarded. What is the remedy for “kordayakus”? What else can be remedied in the same way?