Gittin 74B

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Text Excerpt

והתניא: ״מהיום ולאחר מיתה״⁠ – גט ואינו גט, דברי חכמים; רבי אומר: כזה ⁠– גט.

And it is taught in a baraita: If a husband says to his wife: This is your bill of divorce from today and after my death, then this is both a valid bill of divorce and not a valid bill of divorce. This is the statement of the Rabbis. R' Yehuda HaNasi disagrees and says: A case like this is a valid bill of divorce without any uncertainty. This teaches that R' Yehuda HaNasi and the Rabbis disagree only in this case, but everyone agrees that when he employed the language: On the condition, it is as though he stipulated: From now.

ולרב יהודה ⁠– דאמר: ב״על מנת״ פליגי, אדמיפלגי ב״מהיום ולאחר מיתה״, (ליפלגי) [ליפלגו] ב״על מנת״! להודיעך כחו דרבי.

The Talmud asks: And according to Rav Yehuda, who said that R' Yehuda HaNasi and the Rabbis disagree about one who employs the language: On the condition, rather than disagreeing with regard to the case where the husband said: From today and after my death, let them disagree with regard to the case where the husband said: On the condition. The Talmud answers that the baraita uses this case to inform you about the far-reaching nature of the opinion of R' Yehuda HaNasi, who is certain that the bill of divorce is valid.

וליפלגו ב״על מנת״⁠ – ולהודיעך כחן דרבנן! כח דהיתירא עדיף ליה.

The Talmud challenges: And let them disagree about: On the condition, to convey to you the far-reaching nature of the opinion of the Rabbis, who do not hold that the phrase: On the condition, is considered to be like the phrase: From now, as this ruling is a more general matter. The Talmud answers: It is preferable to emphasize the power of leniency, and therefore it is preferable to teach the degree to which R' Yehuda HaNasi is lenient.

Text data via Sefaria: William Davidson Edition - English and William Davidson Edition - Vocalized Aramaic, CC-BY-NC; edition provenance: Koren. Display terminology has been modernized for readability.