Today's Daf Yomi
July 29, 2023 | י״א באב תשפ״ג
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This month's learning is sponsored by Leah Goldford in loving memory of her grandmothers, Tzipporah bat Yechezkiel, Rivka Yoda Bat Dovide Tzvi, Bracha Bayla bat Beryl, her father-in-law, Chaim Gershon ben Tzvi Aryeh, her mother, Devorah Rivkah bat Tuvia Hacohen, her cousins, Avrum Baer ben Mordechai, and Sharon bat Yaakov.
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Masechet Gittin is sponsored by Elaine and Saul Schreiber in honor of their daughter-in-law Daniela Schreiber on receiving her Master of Science in Marriage and Family Therapy.
Gittin 74
ומטמא לה כללו של דבר הרי היא כאשתו לכל דבר אלא שאינה צריכה הימנו גט שני דברי רבי יהודה
and he becomes ritually impure for her if he is a priest. The principle of the matter is as follows: At that time she is like his wife in every sense, but she does not require a second bill of divorce from him when he dies. This is the statement of Rabbi Yehuda.
רבי מאיר אומר בעילתה תלויה רבי יוסי אומר בעילתה ספק וחכמים אומרים מגורשת ואינה מגורשת ובלבד שימות
Rabbi Meir says: If she engages in sexual intercourse with another man, the legal status of her sexual intercourse depends on whether or not her husband dies from this illness. If he dies, she is considered to have been divorced from the time the bill of divorce was given, and her sexual intercourse is not deemed adulterous. Rabbi Yosei says: Her sexual intercourse has an uncertain status. And the Rabbis say: There is uncertainty whether she is divorced or whether she is not divorced, and this is an uncertainty provided that he dies from this illness. If he does not, they are certainly not divorced.
מאי איכא בין רבי מאיר לרבי יוסי
The Gemara clarifies: What difference is there between the opinion of Rabbi Meir, who says that the status of her sexual intercourse depends on whether or not her husband dies from his illness, and the opinion of Rabbi Yosei, who says that the status of her sexual intercourse is uncertain?
אמר רבי יוחנן אשם תלוי איכא בינייהו לרבי מאיר לא מייתי אשם תלוי ולרבי יוסי מייתי אשם תלוי
Rabbi Yoḥanan said: The practical difference between them is with regard to the bringing of a provisional guilt-offering, which is brought by one who is uncertain as to whether he committed a sin that requires a sin-offering. According to the opinion of Rabbi Meir, the paramour does not bring a provisional guilt-offering (see Leviticus 5:17–19), because, although there was uncertainty at the time of the act of sexual intercourse, the matter will eventually be clarified once the husband either dies or recovers from his illness. If the husband survives her paramour must bring a sin-offering, and if the husband dies the other man is exempt from bringing any offering. And according to the opinion of Rabbi Yosei her status is uncertain, and even if the husband dies from this illness Rabbi Yosei is uncertain when the bill of divorce took effect. Therefore, her paramour must bring a provisional guilt-offering.
וחכמים אומרים מגורשת ואינה מגורשת חכמים היינו רבי יוסי איכא בינייהו דרבי זירא דאמר רבי זירא אמר רבה בר ירמיה אמר שמואל כל מקום שאמרו חכמים מגורשת ואינה מגורשת בעלה חייב במזונותיה
The baraita taught: And the Rabbis say: There is uncertainty whether she is divorced or whether she is not divorced. The Gemara comments: Apparently, the opinion of the Rabbis is the same as the opinion of Rabbi Yosei. Why are they recorded as having a dispute? The Gemara answers: There is a practical difference between them with regard to the halakhic ruling transmitted by Rabbi Zeira. As Rabbi Zeira says that Rabba bar Yirmeya says that Shmuel says: Wherever the Sages said: There is uncertainty whether she is divorced or whether she is not divorced, her husband is obligated to provide her with sustenance. This formulation is stated only by the Rabbis, and Rabbi Zeira’s halakha would apply only according to them, not according to Rabbi Yosei.
מתני׳ הרי זה גיטך על מנת שתתני לי מאתים זוז הרי זו מגורשת ותתן
MISHNA: If a husband says to his wife: This is your bill of divorce on the condition that you will give me two hundred dinars, then she is divorced and must give two hundred dinars in order to fulfill the condition of the bill of divorce.
על מנת שתתני לי מיכן ועד שלשים יום אם נתנה לו בתוך שלשים יום מגורשת ואם לאו אינה מגורשת
If a husband says to his wife: This is your bill of divorce on the condition that you will give me money from now until the conclusion of thirty days, if she gives the money to him within thirty days she is divorced. And if not she is not divorced.
אמר רבן שמעון בן גמליאל מעשה בצידן באחד שאמר לאשתו הרי זה גיטך על מנת שתתני לי איצטליתי ואבדה איצטליתו ואמרו חכמים תתן לו את דמיה
Rabban Shimon ben Gamliel said: There was an incident in the city of Tzaidan involving one who said to his wife: This is your bill of divorce on the condition that you will give me my coat [itztaliti], and she lost his coat, so that she could not give it to him. And the Rabbis said that she must give him the value of the coat, and by doing so she fulfills the condition and is divorced.
גמ׳ מאי ותתן רב הונא אמר והיא תתן רב יהודה אמר לכשתתן
GEMARA: The mishna teaches: She is divorced and must give the money. The Gemara asks: What is the meaning of: And must give? Rav Huna says: She is divorced immediately, once the bill of divorce has been given over to her, and she must give him the money subsequently in order to fulfill the condition. The bill of divorce takes effect retroactively, from the time when it was given, after she gives the money. Rav Yehuda says: She is divorced only when she gives him this sum.
מאי בינייהו איכא בינייהו שנתקרע הגט או שאבד רב הונא אמר והיא תתן אינה צריכה הימנו גט שני רב יהודה אמר לכשתתן צריכה הימנו גט שני
The Gemara asks: What is the difference between the opinion of Rav Huna and the opinion of Rav Yehuda? The Gemara answers: There is a difference between them if the bill of divorce was torn or lost after she received it but before she gave the money. According to the opinion of Rav Huna, who says: And she must give but the bill of divorce takes effect retroactively, if it was torn or lost then she does not require a second bill of divorce from him. By contrast, Rav Yehuda says that the divorce takes effect only when she gives him the sum. Therefore, if the document is torn or lost she requires a second bill of divorce from him, as in his opinion it is not yet a valid bill of divorce until she has given him the money.
ותנן נמי גבי קידושין כי האי גוונא דתנן האומר לאשה הרי את מקודשת לי על מנת שאתן לך מאתים זוז הרי היא מקודשת ויתן ואיתמר מאי ויתן רב הונא אמר והוא יתן רב יהודה אמר לכשיתן
The Gemara comments: And it was also taught in the mishna with regard to betrothal that Rav Huna and Rav Yehuda also disagreed about a case like this, as we learned in a mishna (Kiddushin 60a): If one says to a woman: You are hereby betrothed to me on the condition that I will give you two hundred dinars, then she is betrothed, and he must give the sum. And it was stated that Rav Huna and Rav Yehuda disagreed with regard to what is the meaning of: And he must give. Rav Huna says: And he must give, meaning that she is betrothed immediately, provided that the husband gives what he promised. Rav Yehuda says: She is betrothed only when he gives.
מאי בינייהו איכא בינייהו שפשטה ידה וקיבלה קידושין מאחר רב הונא אמר והוא יתן תנאה בעלמא הוא מקיים תנאיה ואזיל רב יהודה אמר לכשיתן לכי יהיב לה הוא דהוו קידושין השתא לא הוו קידושין
The Gemara asks: What is the difference between them? The Gemara answers: There is a difference between them in a case where she extended her hand and received betrothal from another man before the first man gave her the money that he promised. Rav Huna says: And he must give, meaning that it is merely a condition that he accepted upon himself. He fulfills his condition and moves on, and the woman is betrothed to him immediately. Therefore, her betrothal to the second man has no validity. Rav Yehuda says: When he gives, which means that when he gives her the money it will be a valid betrothal. But now it is not a valid betrothal and therefore the betrothal from the second man takes effect.
וצריכא דאי אשמעינן גבי קידושין בהא קאמר רב הונא והוא יתן משום דלקרובה קאתי אבל גבי גירושין דלרחוקה קאתי אימא מודה ליה לרב יהודה
The Gemara comments: And it is necessary to mention this dispute in both the case of divorce and the case of betrothal. As if it would have taught us their opinions only with regard to betrothal, then one may think that it is specifically with regard to this case that Rav Huna says: And he should give, because he comes to draw her close in marriage. Consequently, he does this willingly, and therefore there is an assumption that his intention was for the betrothal to take effect immediately. But with regard to divorce, where he comes to distance her, there is an assumption that he does so unwillingly, so that he makes the divorce dependent on a condition in order to delay the matter. Therefore, say that Rav Huna concedes to Rav Yehuda that the divorce does not take effect until the condition has been fulfilled.
ואי אשמעינן גבי גירושין בהא קאמר רב הונא והיא תתן משום דלא כסיף למיתבעה אבל גבי קידושין דכסיפא למיתבעיה אימא מודי ליה לרב יהודה
And if it would have taught us their opinions only with regard to divorce, then one may think that it is specifically with regard to this case that Rav Huna says: And she must give, because he is not embarrassed to demand the money from her afterward to fulfill the condition of the bill of divorce, and his intent was to divorce her immediately. But with regard to betrothal, where she is embarrassed to demand the money that he promised would come from him, she may not agree to be betrothed to him until she actually receives the money. Therefore, you might say that Rav Huna concedes to Rav Yehuda that the betrothal is valid only once he gives her the money.
ואי אשמעינן גבי קידושין בהא קאמר רב יהודה לכשיתן משום דכסיפא למיתבעיה אבל גבי גירושין דלא כסיף למיתבעה אימא מודה ליה לרב הונא
And furthermore, if it would have taught us their opinions only with regard to betrothal, then one may think that it is specifically with regard to this case that Rav Yehuda says that the betrothal is valid only when he gives her the money, because she is embarrassed to demand it from him if he does not give it to her. Therefore, her intention is that she will be betrothed only once the condition is fulfilled. But with regard to divorce, where the husband is not embarrassed to demand the money from her, you might say that Rav Yehuda concedes to Rav Huna that the bill of divorce takes effect immediately.
ואי אשמעינן גבי גירושין בהא קאמר רב יהודה לכשתתן משום דלרחוקה קאתי אבל גבי קידושין דלקרובה קאתי אימא מודה ליה לרב הונא צריכא
And furthermore, if it would have taught us only with regard to the case of divorce, then one may think that it is specifically with regard to this case that Rav Yehuda says that the divorce is valid only when she gives him the money, because the husband comes to distance her. But with regard to betrothal, where he comes to draw her close, you might say that Rav Yehuda concedes to Rav Huna. Therefore, it is necessary to state this dispute in both cases.
מיתיבי הרי זה גיטך על מנת שתתני לי מאתים זוז אף על פי שנקרע הגט או שנאבד מגורשת ולאחר לא תנשא עד שתתן
The Gemara raises an objection based on what was taught in a baraita (Tosefta 7:5): If one says to a woman: This is your bill of divorce on the condition that you will give me two hundred dinars, then even though the bill of divorce was torn or lost she is divorced. And she may not marry another man until she gives her first husband the money.
ועוד תניא הרי זה גיטך על מנת שתתני לי מאתים זוז ומת נתנה אינה זקוקה ליבם לא נתנה זקוקה ליבם רבן שמעון בן גמליאל אומר נותנת לאביו או לאחיו או לאחד מן הקרובים
And it is taught further in that same baraita: If one says to his wife: This is your bill of divorce on the condition that you will give two hundred dinars to me, and the husband died childless, if she had already given him the money, then she is not bound with a levirate bond to the yavam because she was already divorced from her husband through the bill of divorce that he gave her. But if she had not given him the money, then she is bound with a levirate bond to the yavam because the bill of divorce did not take effect and she is a widow. Rabban Shimon ben Gamliel says: She should give the money to her late husband’s father, or to his brother, or to one of the relatives who inherit from him, and by doing so she fulfills the condition and is released from the levirate bond.
עד כאן לא פליגי אלא דמר סבר לי ולא ליורשי ומר סבר לי ואפילו ליורשי וכולי עלמא מיהא תנאה הוי תיובתא דרב יהודה
The Gemara notes: The first tanna and Rabban Shimon ben Gamliel disagree only with regard to the meaning of the condition. One Sage, the first tanna, holds that when the husband said: On the condition that she will give to me, he meant: To me specifically and not to my heirs. Consequently, she cannot fulfill the condition by giving the money to his heirs. And one Sage, Rabban Shimon ben Gamliel, holds that when the husband said that she will give the money to me, he meant and even to my heirs. But in any event, everyone agrees that this is a valid condition, yet its fulfillment does not change the date that the bill of divorce takes effect. This is a conclusive refutation of the opinion of Rav Yehuda, who said that the bill of divorce takes effect only when she gives.
אמר לך רב יהודה הא מני רבי היא דאמר רב הונא אמר רבי כל האומר על מנת כאומר מעכשיו דמי ופליגי רבנן עליה ואנא דאמרי כרבנן
The Gemara answers: Rav Yehuda could have said to you: In accordance with whose opinion is this baraita? It is the opinion of Rabbi Yehuda HaNasi. As Rav Huna says that Rabbi Yehuda HaNasi says: Anyone who states a condition employing the language: On the condition, is like one who states: The agreement will take effect retroactively from now, even though the condition is fulfilled only later on. And the Rabbis disagree with him. And I say my ruling in accordance with the opinion of the Rabbis.
ואמר רבי זירא כי הוינן בבבל אמרינן הא דאמר רב הונא אמר רבי כל האומר על מנת כאומר מעכשיו דמי פליגי רבנן עליה כי סליקי אשכחתיה לרבי אסי דיתיב וקאמר משמיה דרבי יוחנן הכל מודים באומר על מנת כאומר מעכשיו דמי לא נחלקו אלא במהיום ולאחר מיתה
And Rabbi Zeira says: When we were in Babylonia we would say with regard to this following statement that Rav Huna says that Rabbi Yehuda HaNasi says: Anyone who states a condition employing the language: On the condition, is like one who states: The agreement will take effect retroactively from now, even though the condition is fulfilled only later on; we would say that the Rabbis disagree with him. When I ascended to Eretz Yisrael I found Rabbi Asi, who was sitting and saying in the name of Rabbi Yoḥanan: Everyone concedes that with regard to anyone who states a condition employing the language: On the condition, he is like one who states: The agreement will take effect retroactively from now; and the Rabbis disagreed with Rabbi Yehuda HaNasi only in a case where the bill of divorce included the condition: From today and after my death.
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. Rabbi Yehuda HaNasi disagrees and says: A case like this is a valid bill of divorce without any uncertainty. This teaches that Rabbi 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 בעל מנת פליגי אדמיפלגי במהיום ולאחר מיתה ליפלגי בעל מנת להודיעך כחו דרבי
The Gemara asks: And according to Rav Yehuda, who said that Rabbi 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 Gemara answers that the baraita uses this case to inform you about the far-reaching nature of the opinion of Rabbi Yehuda HaNasi, who is certain that the bill of divorce is valid.
וליפלגו בעל מנת ולהודיעך כחן דרבנן כח דהיתירא עדיף ליה
The Gemara 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 Gemara answers: It is preferable to emphasize the power of leniency, and therefore it is preferable to teach the degree to which Rabbi Yehuda HaNasi is lenient.
על מנת שתתני לי מכאן ועד שלשים יום וכו׳ פשיטא מהו דתימא קפידיה לאו קפידא ולזרזה קאתי קא משמע לן
§ The mishna teaches: If a husband said to his wife: This is your bill of divorce on the condition that you will give me money from now until the conclusion of thirty days, if she gives the money to him within thirty days she is divorced, and if not she is not divorced. The Gemara asks: Isn’t that obvious, since everything depends on whether or not the condition was fulfilled? The Gemara answers: No, the halakha that the divorce does not take effect unless she gives the money by that time needs to be said, lest you say that the concern of the husband that his wife will give him the money within a specific time frame is not a real concern, and he comes only to galvanize her. Although he wishes to receive this money as soon as possible, in truth he does not care if he receives it later. Therefore, it teaches us that his statement is a valid condition, and if she does not fulfill it then it is not a valid bill of divorce.
אמר רבן שמעון בן גמליאל מעשה בצידן כו׳ מאי תנא דקתני מעשה
§ The mishna teaches that Rabban Shimon ben Gamliel said: There was an incident in the city of Tzaidan involving one who said to his wife: This is your bill of divorce on the condition that you will give me my coat, and she lost his coat. And the Rabbis said that she should give him the value of that coat, and by doing so she fulfills the condition and is divorced. The Gemara asks: What did Rabban Shimon ben Gamliel teach before, such that he now teaches and cites an incident which is similar to it? This incident does not seem to be referring to what was stated immediately before in the mishna.
חסורי מיחסרא והכי קתני אם אמר לה על מנת שתתני לי איצטליתי ואבדה איצטליתו איצטליתי דוקא קאמר לה רבן שמעון בן גמליאל אומר תתן לו את דמיה ואמר רבן שמעון בן גמליאל מעשה נמי בצידן באחד שאמר לאשתו הרי זה גיטך על מנת שתתני לי אצטליתי ואבדה אצטליתו ואמרו חכמים תתן לו את דמיה
The Gemara answers: The mishna is incomplete and this is what it is teaching: If the husband said to his wife: This is your bill of divorce on the condition that you will give me my coat, and she lost his coat, then since he specifically stated to her: Give me my coat, she cannot give him its value instead. And since she has lost the coat, the bill of divorce is not valid; this is the opinion of the Rabbis. Rabban Shimon ben Gamliel says: In such a case she can give him its value. And Rabban Shimon ben Gamliel said in support of his statement: There was an incident also in the city of Tzaidan involving one who said to his wife: This is your bill of divorce on the condition that you will give me my coat, and she lost his coat. And the Rabbis said that she should give him its value.
בעא מיניה רבי אסי מרבי יוחנן הרי זה גיטך על מנת שתתני לי מאתים זוז וחזר ואמר לה מחולים לך מהו
Rabbi Asi raised a dilemma before Rabbi Yoḥanan: If a man says to his wife: This is your bill of divorce on the condition that you will give me two hundred dinars, and afterward he returned and said to her: It is waived for you, then what is the halakha?
תיבעי לרבנן תיבעי לרבן שמעון בן גמליאל
He explained his question in detail: Let the dilemma be raised according to the opinion of the Rabbis, and let the dilemma be raised according to the opinion of Rabban Shimon ben Gamliel.
תיבעי לרבנן עד כאן לא קאמרי רבנן התם אלא דלא אחלה גבה אבל הכא הא קאמר לה מחולים לך או דלמא אפילו רבן שמעון בן גמליאל לא קאמר אלא דקא מפייסה ליה בדמי אבל לגמרי לא אמר ליה אינה מגורשת
Let the dilemma be raised according to the opinion of the Rabbis: One can say that only there do the Rabbis state their opinion that she is not divorced if the condition is not fulfilled and she gives him his coat, because he did not waive his claim to it; but here he says to her: It is waived for you, so they are divorced. Or perhaps one can say that even Rabban Shimon ben Gamliel states that she can be divorced even if he does not receive the coat only there, as she appeases him by giving him money, i.e., the condition is considered to be fulfilled due to the fact that he received the value of the coat; but in a case where he waives the condition entirely, no, because he does not receive anything from her. Rabbi Yoḥanan said to him in response: She is not divorced, because the condition has not been fulfilled.
איתיביה האומר לחבירו קונם שאתה נהנה לי אם אי אתה נותן לבני כור אחד של חטין ושתי חביות של יין רבי מאיר אומר אסור עד שיתן וחכמים אומרים אף זה יכול להתיר את נדרו שלא על פי חכם ואומר הריני כאילו התקבלתי
He raised an objection to his opinion from a mishna (Nedarim 63b): In the case of one who says to another: Benefiting from me is konam for you, meaning it is prohibited for you to derive benefit from me, if you do not give my son one kor of wheat and two barrels of wine as a wedding gift, Rabbi Meir says: It is prohibited for this other person to benefit from the person who took the vow until he gives his son the gift. And the Rabbis say: Even this individual who took the vow can dissolve his vow without the consent of a halakhic authority, and he does this by saying: I hereby consider it as though I have received the gift from you. Based on this mishna, it would seem that if the husband forgives his wife the money that she owes him, it should be considered as if he received it, and the bill of divorce should be valid.
הכי השתא התם לצעורה קא מכוין ולא ציערה הכא משום הרווחה הוא והא לא איצטריך
The Gemara rejects this: How can these cases be compared? There, in the case of a bill of divorce, he intends to vex her, and until she pays him he did not vex her. If he forgives this condition, his initial intention has not been fulfilled. Here, in the case of the vow, the reason the father took the vow is for the sake of profit; he wants his son to receive a valuable gift, but subsequently the one who took the vow decides that it was not necessary. Therefore, he can waive his claim.
ההוא גברא דאמר ליה לאריסיה כולי עלמא דלו תלת דלוותא ואכלי ריבעא את דלי ארבעה ואכול תילתא לסוף אתא מיטרא
The Gemara relates an incident of a certain man who said to his sharecropper: Everyone waters the field three times during the season, and they consume, i.e., receive as payment, one quarter of the crops from the field. Will you water four times and consume as your payment one-third of the produce? Ultimately, rain came when the sharecropper would have needed to water a fourth time, and so he did not need to water the field a fourth time. The question was presented to the Sages: Is the sharecropper still entitled to receive one-third of the produce since he was prepared to water the field four times, although ultimately it was not necessary to do so?
אמר רב יוסף הא לא דלה רבה אמר הא לא איצטריכא
Rav Yosef said: But he did not water the field a fourth time, so the condition was not fulfilled. Consequently, he deserves the same as the other sharecroppers, and receives only one quarter of the produce. Rabba said: But it was not necessary to water the field the fourth time because the rain fell to the benefit of the sharecropper, and therefore he should receive one-third of the produce.
לימא רב יוסף דאמר כרבנן ורבה דאמר כרבן שמעון בן גמליאל
The Gemara asks: Shall we say that Rav Yosef said his ruling in accordance with the opinion of the Rabbis, who require that the condition of the bill of divorce be fulfilled, and that Rabba said his ruling in accordance with the opinion of Rabban Shimon ben Gamliel, that it is not the fulfillment of the specifics of the condition that matter but the fulfillment of the intent of the condition?
ותיסברא והא קיימא לן הילכתא כוותיה דרבה ובהא אין הלכה כרבן שמעון בן גמליאל
The Gemara asks: And how can you understand it in this way? But don’t we maintain that in all of their disputes the halakha is in accordance with the opinion of Rabba when he disagrees with Rav Yosef? And with regard to this halakha we maintain that the halakha is not in accordance with the opinion of Rabban Shimon ben Gamliel. If so, this presents a contradiction between one halakha and another.
אלא לעולם כרבנן רב יוסף כרבנן ורבה אמר לך אנא דאמרי אפילו לרבנן עד כאן לא קאמרי רבנן התם אלא דלצעורה קא מיכוין אבל הכא משום הרווחה הוא והא לא איצטריך
Rather, according to both opinions, this dispute is actually in accordance with the opinion of the Rabbis. Rav Yosef clearly rules in accordance with the Rabbis. And Rabba could have said to you: I was saying my statement even according to the opinion of the Rabbis, as the Rabbis are saying there that she is not divorced if she does not return the coat itself only when the husband intends to vex her, and if she does not need to give the coat itself she will not be vexed, as it is not difficult for her to give him its value. But here, in the case of watering the field, the reason the owner is making the condition is only for the sake of increasing his profit, and it was not necessary to actually water the field.
תנן התם בראשונה היה נטמן יום שנים עשר חדש כדי שיהא חלוט לו התקין הלל הזקן שיהא חולש את מעותיו ללשכה ויהא שובר את הדלת ונכנס ואימתי שירצה הלה יבוא ויטול את מעותיו
§ With regard to the redemption of houses in walled cities, we learned elsewhere in a mishna (Arakhin 31b) that if a house was sold and not redeemed by its owners within twelve months it remains permanently in the possession of the purchaser. The Gemara describes this: At first the purchaser would hide for all of the final day of the twelfth month so that the house would be confirmed as his (see Leviticus 25:29–30). Because the purchaser was in hiding, the seller would be unable to redeem the house from him. Hillel the Elder instituted an ordinance whereby the seller may deposit [ḥolesh] his redemption money in the Temple treasury chamber, and then he may break the door of his house and enter and take possession. And when that purchaser wishes, he should come and take his money from the Temple treasury.
ואמר רבא מתקנתו של הלל נשמע הרי זה גיטך על מנת שתתני לי מאתים זוז ונתנה לו מדעתו מגורשת על כורחו אינה מגורשת
And Rava says: From the ordinance of Hillel we learn that if one says to his wife: This is your bill of divorce on the condition that you will give me two hundred dinars, and she gave him the money with his consent, then she is divorced. If she gave it to him against his will then she is not divorced.
מדאיצטריך ליה להלל לתקוני נתינה בעל כורחיה דהויא לה נתינה
How does Rava prove this? From the fact that it was necessary for Hillel to institute a unique ordinance in the case of houses in walled cities whereby giving against the will of the receiver is considered giving.
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This month's learning is sponsored by Leah Goldford in loving memory of her grandmothers, Tzipporah bat Yechezkiel, Rivka Yoda Bat Dovide Tzvi, Bracha Bayla bat Beryl, her father-in-law, Chaim Gershon ben Tzvi Aryeh, her mother, Devorah Rivkah bat Tuvia Hacohen, her cousins, Avrum Baer ben Mordechai, and Sharon bat Yaakov.
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Masechet Gittin is sponsored by Elaine and Saul Schreiber in honor of their daughter-in-law Daniela Schreiber on receiving her Master of Science in Marriage and Family Therapy.
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Gittin 74
The William Davidson Talmud | Powered by Sefaria
ומטמא לה כללו של דבר הרי היא כאשתו לכל דבר אלא שאינה צריכה הימנו גט שני דברי רבי יהודה
and he becomes ritually impure for her if he is a priest. The principle of the matter is as follows: At that time she is like his wife in every sense, but she does not require a second bill of divorce from him when he dies. This is the statement of Rabbi Yehuda.
רבי מאיר אומר בעילתה תלויה רבי יוסי אומר בעילתה ספק וחכמים אומרים מגורשת ואינה מגורשת ובלבד שימות
Rabbi Meir says: If she engages in sexual intercourse with another man, the legal status of her sexual intercourse depends on whether or not her husband dies from this illness. If he dies, she is considered to have been divorced from the time the bill of divorce was given, and her sexual intercourse is not deemed adulterous. Rabbi Yosei says: Her sexual intercourse has an uncertain status. And the Rabbis say: There is uncertainty whether she is divorced or whether she is not divorced, and this is an uncertainty provided that he dies from this illness. If he does not, they are certainly not divorced.
מאי איכא בין רבי מאיר לרבי יוסי
The Gemara clarifies: What difference is there between the opinion of Rabbi Meir, who says that the status of her sexual intercourse depends on whether or not her husband dies from his illness, and the opinion of Rabbi Yosei, who says that the status of her sexual intercourse is uncertain?
אמר רבי יוחנן אשם תלוי איכא בינייהו לרבי מאיר לא מייתי אשם תלוי ולרבי יוסי מייתי אשם תלוי
Rabbi Yoḥanan said: The practical difference between them is with regard to the bringing of a provisional guilt-offering, which is brought by one who is uncertain as to whether he committed a sin that requires a sin-offering. According to the opinion of Rabbi Meir, the paramour does not bring a provisional guilt-offering (see Leviticus 5:17–19), because, although there was uncertainty at the time of the act of sexual intercourse, the matter will eventually be clarified once the husband either dies or recovers from his illness. If the husband survives her paramour must bring a sin-offering, and if the husband dies the other man is exempt from bringing any offering. And according to the opinion of Rabbi Yosei her status is uncertain, and even if the husband dies from this illness Rabbi Yosei is uncertain when the bill of divorce took effect. Therefore, her paramour must bring a provisional guilt-offering.
וחכמים אומרים מגורשת ואינה מגורשת חכמים היינו רבי יוסי איכא בינייהו דרבי זירא דאמר רבי זירא אמר רבה בר ירמיה אמר שמואל כל מקום שאמרו חכמים מגורשת ואינה מגורשת בעלה חייב במזונותיה
The baraita taught: And the Rabbis say: There is uncertainty whether she is divorced or whether she is not divorced. The Gemara comments: Apparently, the opinion of the Rabbis is the same as the opinion of Rabbi Yosei. Why are they recorded as having a dispute? The Gemara answers: There is a practical difference between them with regard to the halakhic ruling transmitted by Rabbi Zeira. As Rabbi Zeira says that Rabba bar Yirmeya says that Shmuel says: Wherever the Sages said: There is uncertainty whether she is divorced or whether she is not divorced, her husband is obligated to provide her with sustenance. This formulation is stated only by the Rabbis, and Rabbi Zeira’s halakha would apply only according to them, not according to Rabbi Yosei.
מתני׳ הרי זה גיטך על מנת שתתני לי מאתים זוז הרי זו מגורשת ותתן
MISHNA: If a husband says to his wife: This is your bill of divorce on the condition that you will give me two hundred dinars, then she is divorced and must give two hundred dinars in order to fulfill the condition of the bill of divorce.
על מנת שתתני לי מיכן ועד שלשים יום אם נתנה לו בתוך שלשים יום מגורשת ואם לאו אינה מגורשת
If a husband says to his wife: This is your bill of divorce on the condition that you will give me money from now until the conclusion of thirty days, if she gives the money to him within thirty days she is divorced. And if not she is not divorced.
אמר רבן שמעון בן גמליאל מעשה בצידן באחד שאמר לאשתו הרי זה גיטך על מנת שתתני לי איצטליתי ואבדה איצטליתו ואמרו חכמים תתן לו את דמיה
Rabban Shimon ben Gamliel said: There was an incident in the city of Tzaidan involving one who said to his wife: This is your bill of divorce on the condition that you will give me my coat [itztaliti], and she lost his coat, so that she could not give it to him. And the Rabbis said that she must give him the value of the coat, and by doing so she fulfills the condition and is divorced.
גמ׳ מאי ותתן רב הונא אמר והיא תתן רב יהודה אמר לכשתתן
GEMARA: The mishna teaches: She is divorced and must give the money. The Gemara asks: What is the meaning of: And must give? Rav Huna says: She is divorced immediately, once the bill of divorce has been given over to her, and she must give him the money subsequently in order to fulfill the condition. The bill of divorce takes effect retroactively, from the time when it was given, after she gives the money. Rav Yehuda says: She is divorced only when she gives him this sum.
מאי בינייהו איכא בינייהו שנתקרע הגט או שאבד רב הונא אמר והיא תתן אינה צריכה הימנו גט שני רב יהודה אמר לכשתתן צריכה הימנו גט שני
The Gemara asks: What is the difference between the opinion of Rav Huna and the opinion of Rav Yehuda? The Gemara answers: There is a difference between them if the bill of divorce was torn or lost after she received it but before she gave the money. According to the opinion of Rav Huna, who says: And she must give but the bill of divorce takes effect retroactively, if it was torn or lost then she does not require a second bill of divorce from him. By contrast, Rav Yehuda says that the divorce takes effect only when she gives him the sum. Therefore, if the document is torn or lost she requires a second bill of divorce from him, as in his opinion it is not yet a valid bill of divorce until she has given him the money.
ותנן נמי גבי קידושין כי האי גוונא דתנן האומר לאשה הרי את מקודשת לי על מנת שאתן לך מאתים זוז הרי היא מקודשת ויתן ואיתמר מאי ויתן רב הונא אמר והוא יתן רב יהודה אמר לכשיתן
The Gemara comments: And it was also taught in the mishna with regard to betrothal that Rav Huna and Rav Yehuda also disagreed about a case like this, as we learned in a mishna (Kiddushin 60a): If one says to a woman: You are hereby betrothed to me on the condition that I will give you two hundred dinars, then she is betrothed, and he must give the sum. And it was stated that Rav Huna and Rav Yehuda disagreed with regard to what is the meaning of: And he must give. Rav Huna says: And he must give, meaning that she is betrothed immediately, provided that the husband gives what he promised. Rav Yehuda says: She is betrothed only when he gives.
מאי בינייהו איכא בינייהו שפשטה ידה וקיבלה קידושין מאחר רב הונא אמר והוא יתן תנאה בעלמא הוא מקיים תנאיה ואזיל רב יהודה אמר לכשיתן לכי יהיב לה הוא דהוו קידושין השתא לא הוו קידושין
The Gemara asks: What is the difference between them? The Gemara answers: There is a difference between them in a case where she extended her hand and received betrothal from another man before the first man gave her the money that he promised. Rav Huna says: And he must give, meaning that it is merely a condition that he accepted upon himself. He fulfills his condition and moves on, and the woman is betrothed to him immediately. Therefore, her betrothal to the second man has no validity. Rav Yehuda says: When he gives, which means that when he gives her the money it will be a valid betrothal. But now it is not a valid betrothal and therefore the betrothal from the second man takes effect.
וצריכא דאי אשמעינן גבי קידושין בהא קאמר רב הונא והוא יתן משום דלקרובה קאתי אבל גבי גירושין דלרחוקה קאתי אימא מודה ליה לרב יהודה
The Gemara comments: And it is necessary to mention this dispute in both the case of divorce and the case of betrothal. As if it would have taught us their opinions only with regard to betrothal, then one may think that it is specifically with regard to this case that Rav Huna says: And he should give, because he comes to draw her close in marriage. Consequently, he does this willingly, and therefore there is an assumption that his intention was for the betrothal to take effect immediately. But with regard to divorce, where he comes to distance her, there is an assumption that he does so unwillingly, so that he makes the divorce dependent on a condition in order to delay the matter. Therefore, say that Rav Huna concedes to Rav Yehuda that the divorce does not take effect until the condition has been fulfilled.
ואי אשמעינן גבי גירושין בהא קאמר רב הונא והיא תתן משום דלא כסיף למיתבעה אבל גבי קידושין דכסיפא למיתבעיה אימא מודי ליה לרב יהודה
And if it would have taught us their opinions only with regard to divorce, then one may think that it is specifically with regard to this case that Rav Huna says: And she must give, because he is not embarrassed to demand the money from her afterward to fulfill the condition of the bill of divorce, and his intent was to divorce her immediately. But with regard to betrothal, where she is embarrassed to demand the money that he promised would come from him, she may not agree to be betrothed to him until she actually receives the money. Therefore, you might say that Rav Huna concedes to Rav Yehuda that the betrothal is valid only once he gives her the money.
ואי אשמעינן גבי קידושין בהא קאמר רב יהודה לכשיתן משום דכסיפא למיתבעיה אבל גבי גירושין דלא כסיף למיתבעה אימא מודה ליה לרב הונא
And furthermore, if it would have taught us their opinions only with regard to betrothal, then one may think that it is specifically with regard to this case that Rav Yehuda says that the betrothal is valid only when he gives her the money, because she is embarrassed to demand it from him if he does not give it to her. Therefore, her intention is that she will be betrothed only once the condition is fulfilled. But with regard to divorce, where the husband is not embarrassed to demand the money from her, you might say that Rav Yehuda concedes to Rav Huna that the bill of divorce takes effect immediately.
ואי אשמעינן גבי גירושין בהא קאמר רב יהודה לכשתתן משום דלרחוקה קאתי אבל גבי קידושין דלקרובה קאתי אימא מודה ליה לרב הונא צריכא
And furthermore, if it would have taught us only with regard to the case of divorce, then one may think that it is specifically with regard to this case that Rav Yehuda says that the divorce is valid only when she gives him the money, because the husband comes to distance her. But with regard to betrothal, where he comes to draw her close, you might say that Rav Yehuda concedes to Rav Huna. Therefore, it is necessary to state this dispute in both cases.
מיתיבי הרי זה גיטך על מנת שתתני לי מאתים זוז אף על פי שנקרע הגט או שנאבד מגורשת ולאחר לא תנשא עד שתתן
The Gemara raises an objection based on what was taught in a baraita (Tosefta 7:5): If one says to a woman: This is your bill of divorce on the condition that you will give me two hundred dinars, then even though the bill of divorce was torn or lost she is divorced. And she may not marry another man until she gives her first husband the money.
ועוד תניא הרי זה גיטך על מנת שתתני לי מאתים זוז ומת נתנה אינה זקוקה ליבם לא נתנה זקוקה ליבם רבן שמעון בן גמליאל אומר נותנת לאביו או לאחיו או לאחד מן הקרובים
And it is taught further in that same baraita: If one says to his wife: This is your bill of divorce on the condition that you will give two hundred dinars to me, and the husband died childless, if she had already given him the money, then she is not bound with a levirate bond to the yavam because she was already divorced from her husband through the bill of divorce that he gave her. But if she had not given him the money, then she is bound with a levirate bond to the yavam because the bill of divorce did not take effect and she is a widow. Rabban Shimon ben Gamliel says: She should give the money to her late husband’s father, or to his brother, or to one of the relatives who inherit from him, and by doing so she fulfills the condition and is released from the levirate bond.
עד כאן לא פליגי אלא דמר סבר לי ולא ליורשי ומר סבר לי ואפילו ליורשי וכולי עלמא מיהא תנאה הוי תיובתא דרב יהודה
The Gemara notes: The first tanna and Rabban Shimon ben Gamliel disagree only with regard to the meaning of the condition. One Sage, the first tanna, holds that when the husband said: On the condition that she will give to me, he meant: To me specifically and not to my heirs. Consequently, she cannot fulfill the condition by giving the money to his heirs. And one Sage, Rabban Shimon ben Gamliel, holds that when the husband said that she will give the money to me, he meant and even to my heirs. But in any event, everyone agrees that this is a valid condition, yet its fulfillment does not change the date that the bill of divorce takes effect. This is a conclusive refutation of the opinion of Rav Yehuda, who said that the bill of divorce takes effect only when she gives.
אמר לך רב יהודה הא מני רבי היא דאמר רב הונא אמר רבי כל האומר על מנת כאומר מעכשיו דמי ופליגי רבנן עליה ואנא דאמרי כרבנן
The Gemara answers: Rav Yehuda could have said to you: In accordance with whose opinion is this baraita? It is the opinion of Rabbi Yehuda HaNasi. As Rav Huna says that Rabbi Yehuda HaNasi says: Anyone who states a condition employing the language: On the condition, is like one who states: The agreement will take effect retroactively from now, even though the condition is fulfilled only later on. And the Rabbis disagree with him. And I say my ruling in accordance with the opinion of the Rabbis.
ואמר רבי זירא כי הוינן בבבל אמרינן הא דאמר רב הונא אמר רבי כל האומר על מנת כאומר מעכשיו דמי פליגי רבנן עליה כי סליקי אשכחתיה לרבי אסי דיתיב וקאמר משמיה דרבי יוחנן הכל מודים באומר על מנת כאומר מעכשיו דמי לא נחלקו אלא במהיום ולאחר מיתה
And Rabbi Zeira says: When we were in Babylonia we would say with regard to this following statement that Rav Huna says that Rabbi Yehuda HaNasi says: Anyone who states a condition employing the language: On the condition, is like one who states: The agreement will take effect retroactively from now, even though the condition is fulfilled only later on; we would say that the Rabbis disagree with him. When I ascended to Eretz Yisrael I found Rabbi Asi, who was sitting and saying in the name of Rabbi Yoḥanan: Everyone concedes that with regard to anyone who states a condition employing the language: On the condition, he is like one who states: The agreement will take effect retroactively from now; and the Rabbis disagreed with Rabbi Yehuda HaNasi only in a case where the bill of divorce included the condition: From today and after my death.
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. Rabbi Yehuda HaNasi disagrees and says: A case like this is a valid bill of divorce without any uncertainty. This teaches that Rabbi 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 בעל מנת פליגי אדמיפלגי במהיום ולאחר מיתה ליפלגי בעל מנת להודיעך כחו דרבי
The Gemara asks: And according to Rav Yehuda, who said that Rabbi 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 Gemara answers that the baraita uses this case to inform you about the far-reaching nature of the opinion of Rabbi Yehuda HaNasi, who is certain that the bill of divorce is valid.
וליפלגו בעל מנת ולהודיעך כחן דרבנן כח דהיתירא עדיף ליה
The Gemara 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 Gemara answers: It is preferable to emphasize the power of leniency, and therefore it is preferable to teach the degree to which Rabbi Yehuda HaNasi is lenient.
על מנת שתתני לי מכאן ועד שלשים יום וכו׳ פשיטא מהו דתימא קפידיה לאו קפידא ולזרזה קאתי קא משמע לן
§ The mishna teaches: If a husband said to his wife: This is your bill of divorce on the condition that you will give me money from now until the conclusion of thirty days, if she gives the money to him within thirty days she is divorced, and if not she is not divorced. The Gemara asks: Isn’t that obvious, since everything depends on whether or not the condition was fulfilled? The Gemara answers: No, the halakha that the divorce does not take effect unless she gives the money by that time needs to be said, lest you say that the concern of the husband that his wife will give him the money within a specific time frame is not a real concern, and he comes only to galvanize her. Although he wishes to receive this money as soon as possible, in truth he does not care if he receives it later. Therefore, it teaches us that his statement is a valid condition, and if she does not fulfill it then it is not a valid bill of divorce.
אמר רבן שמעון בן גמליאל מעשה בצידן כו׳ מאי תנא דקתני מעשה
§ The mishna teaches that Rabban Shimon ben Gamliel said: There was an incident in the city of Tzaidan involving one who said to his wife: This is your bill of divorce on the condition that you will give me my coat, and she lost his coat. And the Rabbis said that she should give him the value of that coat, and by doing so she fulfills the condition and is divorced. The Gemara asks: What did Rabban Shimon ben Gamliel teach before, such that he now teaches and cites an incident which is similar to it? This incident does not seem to be referring to what was stated immediately before in the mishna.
חסורי מיחסרא והכי קתני אם אמר לה על מנת שתתני לי איצטליתי ואבדה איצטליתו איצטליתי דוקא קאמר לה רבן שמעון בן גמליאל אומר תתן לו את דמיה ואמר רבן שמעון בן גמליאל מעשה נמי בצידן באחד שאמר לאשתו הרי זה גיטך על מנת שתתני לי אצטליתי ואבדה אצטליתו ואמרו חכמים תתן לו את דמיה
The Gemara answers: The mishna is incomplete and this is what it is teaching: If the husband said to his wife: This is your bill of divorce on the condition that you will give me my coat, and she lost his coat, then since he specifically stated to her: Give me my coat, she cannot give him its value instead. And since she has lost the coat, the bill of divorce is not valid; this is the opinion of the Rabbis. Rabban Shimon ben Gamliel says: In such a case she can give him its value. And Rabban Shimon ben Gamliel said in support of his statement: There was an incident also in the city of Tzaidan involving one who said to his wife: This is your bill of divorce on the condition that you will give me my coat, and she lost his coat. And the Rabbis said that she should give him its value.
בעא מיניה רבי אסי מרבי יוחנן הרי זה גיטך על מנת שתתני לי מאתים זוז וחזר ואמר לה מחולים לך מהו
Rabbi Asi raised a dilemma before Rabbi Yoḥanan: If a man says to his wife: This is your bill of divorce on the condition that you will give me two hundred dinars, and afterward he returned and said to her: It is waived for you, then what is the halakha?
תיבעי לרבנן תיבעי לרבן שמעון בן גמליאל
He explained his question in detail: Let the dilemma be raised according to the opinion of the Rabbis, and let the dilemma be raised according to the opinion of Rabban Shimon ben Gamliel.
תיבעי לרבנן עד כאן לא קאמרי רבנן התם אלא דלא אחלה גבה אבל הכא הא קאמר לה מחולים לך או דלמא אפילו רבן שמעון בן גמליאל לא קאמר אלא דקא מפייסה ליה בדמי אבל לגמרי לא אמר ליה אינה מגורשת
Let the dilemma be raised according to the opinion of the Rabbis: One can say that only there do the Rabbis state their opinion that she is not divorced if the condition is not fulfilled and she gives him his coat, because he did not waive his claim to it; but here he says to her: It is waived for you, so they are divorced. Or perhaps one can say that even Rabban Shimon ben Gamliel states that she can be divorced even if he does not receive the coat only there, as she appeases him by giving him money, i.e., the condition is considered to be fulfilled due to the fact that he received the value of the coat; but in a case where he waives the condition entirely, no, because he does not receive anything from her. Rabbi Yoḥanan said to him in response: She is not divorced, because the condition has not been fulfilled.
איתיביה האומר לחבירו קונם שאתה נהנה לי אם אי אתה נותן לבני כור אחד של חטין ושתי חביות של יין רבי מאיר אומר אסור עד שיתן וחכמים אומרים אף זה יכול להתיר את נדרו שלא על פי חכם ואומר הריני כאילו התקבלתי
He raised an objection to his opinion from a mishna (Nedarim 63b): In the case of one who says to another: Benefiting from me is konam for you, meaning it is prohibited for you to derive benefit from me, if you do not give my son one kor of wheat and two barrels of wine as a wedding gift, Rabbi Meir says: It is prohibited for this other person to benefit from the person who took the vow until he gives his son the gift. And the Rabbis say: Even this individual who took the vow can dissolve his vow without the consent of a halakhic authority, and he does this by saying: I hereby consider it as though I have received the gift from you. Based on this mishna, it would seem that if the husband forgives his wife the money that she owes him, it should be considered as if he received it, and the bill of divorce should be valid.
הכי השתא התם לצעורה קא מכוין ולא ציערה הכא משום הרווחה הוא והא לא איצטריך
The Gemara rejects this: How can these cases be compared? There, in the case of a bill of divorce, he intends to vex her, and until she pays him he did not vex her. If he forgives this condition, his initial intention has not been fulfilled. Here, in the case of the vow, the reason the father took the vow is for the sake of profit; he wants his son to receive a valuable gift, but subsequently the one who took the vow decides that it was not necessary. Therefore, he can waive his claim.
ההוא גברא דאמר ליה לאריסיה כולי עלמא דלו תלת דלוותא ואכלי ריבעא את דלי ארבעה ואכול תילתא לסוף אתא מיטרא
The Gemara relates an incident of a certain man who said to his sharecropper: Everyone waters the field three times during the season, and they consume, i.e., receive as payment, one quarter of the crops from the field. Will you water four times and consume as your payment one-third of the produce? Ultimately, rain came when the sharecropper would have needed to water a fourth time, and so he did not need to water the field a fourth time. The question was presented to the Sages: Is the sharecropper still entitled to receive one-third of the produce since he was prepared to water the field four times, although ultimately it was not necessary to do so?
אמר רב יוסף הא לא דלה רבה אמר הא לא איצטריכא
Rav Yosef said: But he did not water the field a fourth time, so the condition was not fulfilled. Consequently, he deserves the same as the other sharecroppers, and receives only one quarter of the produce. Rabba said: But it was not necessary to water the field the fourth time because the rain fell to the benefit of the sharecropper, and therefore he should receive one-third of the produce.
לימא רב יוסף דאמר כרבנן ורבה דאמר כרבן שמעון בן גמליאל
The Gemara asks: Shall we say that Rav Yosef said his ruling in accordance with the opinion of the Rabbis, who require that the condition of the bill of divorce be fulfilled, and that Rabba said his ruling in accordance with the opinion of Rabban Shimon ben Gamliel, that it is not the fulfillment of the specifics of the condition that matter but the fulfillment of the intent of the condition?
ותיסברא והא קיימא לן הילכתא כוותיה דרבה ובהא אין הלכה כרבן שמעון בן גמליאל
The Gemara asks: And how can you understand it in this way? But don’t we maintain that in all of their disputes the halakha is in accordance with the opinion of Rabba when he disagrees with Rav Yosef? And with regard to this halakha we maintain that the halakha is not in accordance with the opinion of Rabban Shimon ben Gamliel. If so, this presents a contradiction between one halakha and another.
אלא לעולם כרבנן רב יוסף כרבנן ורבה אמר לך אנא דאמרי אפילו לרבנן עד כאן לא קאמרי רבנן התם אלא דלצעורה קא מיכוין אבל הכא משום הרווחה הוא והא לא איצטריך
Rather, according to both opinions, this dispute is actually in accordance with the opinion of the Rabbis. Rav Yosef clearly rules in accordance with the Rabbis. And Rabba could have said to you: I was saying my statement even according to the opinion of the Rabbis, as the Rabbis are saying there that she is not divorced if she does not return the coat itself only when the husband intends to vex her, and if she does not need to give the coat itself she will not be vexed, as it is not difficult for her to give him its value. But here, in the case of watering the field, the reason the owner is making the condition is only for the sake of increasing his profit, and it was not necessary to actually water the field.
תנן התם בראשונה היה נטמן יום שנים עשר חדש כדי שיהא חלוט לו התקין הלל הזקן שיהא חולש את מעותיו ללשכה ויהא שובר את הדלת ונכנס ואימתי שירצה הלה יבוא ויטול את מעותיו
§ With regard to the redemption of houses in walled cities, we learned elsewhere in a mishna (Arakhin 31b) that if a house was sold and not redeemed by its owners within twelve months it remains permanently in the possession of the purchaser. The Gemara describes this: At first the purchaser would hide for all of the final day of the twelfth month so that the house would be confirmed as his (see Leviticus 25:29–30). Because the purchaser was in hiding, the seller would be unable to redeem the house from him. Hillel the Elder instituted an ordinance whereby the seller may deposit [ḥolesh] his redemption money in the Temple treasury chamber, and then he may break the door of his house and enter and take possession. And when that purchaser wishes, he should come and take his money from the Temple treasury.
ואמר רבא מתקנתו של הלל נשמע הרי זה גיטך על מנת שתתני לי מאתים זוז ונתנה לו מדעתו מגורשת על כורחו אינה מגורשת
And Rava says: From the ordinance of Hillel we learn that if one says to his wife: This is your bill of divorce on the condition that you will give me two hundred dinars, and she gave him the money with his consent, then she is divorced. If she gave it to him against his will then she is not divorced.
מדאיצטריך ליה להלל לתקוני נתינה בעל כורחיה דהויא לה נתינה
How does Rava prove this? From the fact that it was necessary for Hillel to institute a unique ordinance in the case of houses in walled cities whereby giving against the will of the receiver is considered giving.