| פרק ז משנה ג | |
| זה גטיך אם מתי | [If a man says to his wife] "This is your get if I die," |
| זה גטיך אם מתי | or "This is your get if I die |
| מחלי זה | from this illness," |
| זה גטיך לאחר מיתה | or "This is your get after my death" |
| לא אמר כלום | he has not said anything. |
| מהיום אם מתי | [If he says that this is her get] "From today if I die," |
| מעכשיו אם מתי | or "From now if I die" |
| הרי זה גט | this is a valid get. |
| מהיום ולאחר מיתה | "From today and after my death" |
| גט ואינו גט | it is a get and it is not a get |
| ואם מת | and if he dies |
| חולצת ולא מתיבמת | she performs chalitzah but does not undergo yibum. |
| זה גטיך מהיום | "This is your get from today |
| אם מתי מחלי זה | if I dies from this illness," |
| ועמד והלך בשוק |
and then he got up, walked in the market, |
| וחלה ומת | fell ill and died, |
| אומדין אותו | we evaluate him: |
| אם מחמת חלי הראשון מת | if he died as a result of the first illness |
| הרי זה גט | it is a get |
| ואם לאו אינו גט | and if not, it is not a get |
| פרק ז משנה ד | |
|
The רישא of this mishnah refers to the case of the previous mishnah where the husband said that the get was effective מהיום אם מתי |
|
| לא תתיחד עמו | He [her husband] should not be secluded with her |
| אלא בפני עדים | except in the presence of witness, |
| אפילו עבד | even a slave, |
| אפילו שפחה | even a maidservant are [sufficient], |
| חוץ משפחתה | except for her [the wife's] maidservant |
| מפני שלבה גס בשפחתה | because her heart is close to her. |
| מה היא באותן הימים | what is she during that time [from when she received the get until his death]? |
| רבי יהודה אומר | Rabbi Yehuda says |
| כאשת איש לכל דבר | like a married woman in all respects, |
| רבי יוסי אומר | Rabbi Yosi says |
| מגורשת ואינה מגורשת | divorced, and not divorced. |
NOTES
משנה ג
לא אמר כלום - These are invalid because they would have the גט take effect after his death, and a man cannot divorce his wife after his death.
גט ואנו גט - We have a ספק whether by this language he meant to divorce her immediately, or after his death.
משנה ד
לא תתיחד עמו - The reason for this prohibition can be for several reasons. One is that, if it turns out that she was divorced at the time of this יחוד, he may be בעל her לשם קדושין, thus requiring her to have a new גט. Another is that it is like the אסור יחוד for any other case of a single woman. Yet another possibility is that by being secluded with his wife after giving her a גט, it creates a problem of גט ישן, which will be discussed in פרק ח; the problem with such a situation is that people may question the legitimacy of children born after the delivery of the גט. One more reason give is that by being מיחד with his wife, the husband thereby cancels the גט.
מה היא באותן הימים - There is a disagreement as to what case this part of the משנה is referring to. According to תוספות and others, it is a continuation of the previous case; רבי יהודה holds that although the husband said מהיום, he meant that it should be effective at the last possible moment, while רבי יוסי is מסופק if that is the case or not. According to this interpretation רבי יהודה holds the reason for the רישא of this משנה where we prohibit יחוד is merely one of גט ישן. However רש"י and רע"ב say that this part of the משנה is dealing with an entirely different case, one where the husband gave the גט and explicitly said, הרי זה גטך והתגרשי בו מעת שאני בעולם אם מתי, in other words that the divorce would be effective at the last moment before he died. Thus רבי יהודה holds that she is considered a married woman for all intents and purposes. רבי יוסי holds that since any given moment may turn out to be the husband's last moment of life, we must treat her as having the status of both married and divorced. Bearing in mind that רבי יוסי holds אין ברירה, which, loosely, means that we cannot retroactively give a status to something at a moment in time where its actual status at that moment is fixed only by later events, even if we later see that the husband in our case lived well past a certain moment, we must treat her as having the status of both a married and divorced woman during that moment. As such, according to רבי יוסי, another man who is בעל her during this time must bring an אשם תלוי.
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