[75a - 36 lines; 75b - 45 lines]
1)[line 4]שלא בפניוSHE'LO B'FANAV- when [the recipient] is not before him (such as in the case of one who wishes to reacquire his house in an Ir Chomah)
2)[line 14]ששנהSHE'SHANAH- that he taught [his opinion]
3)[line 15]ערב וצידן וראיה אחרונהAREV V'TZIDON V'RA'AYAH ACHARONAH - The Three Times that we do Not Rule According to the Opinion of Raban Shimon ben Gamliel
(a)Rebbi Yochanan teaches that the Halachah follows the opinion of Raban Shimon ben Gamliel whenever he is quoted in a Mishnah, with three exceptions. These are:
1.AREV - a guarantor. If a guarantor to a loan agrees that he may be approached before the borrower himself (an Arev Kablan; see Insights to Gitin 49:2), then the Chachamim rule that the creditor may do so under all circumstances. Raban Shimon ben Gamliel maintains that if the debtor has property, then the creditor must collect from this property even in the case of an Arev Kablan (Bava Basra 173b-174a).
2.TZIDON - This refers to the Machlokes in our Mishnah (see 74b).
3.RA'AYAH ACHARONAH - the latter case of evidence. If, after one is instructed in Beis Din to provide proof for his claim, he claims to have no evidence, then the Chachamim rule that Beis Din may no longer accept any evidence that he subsequently offers. This is because we suspect that such evidence is forged since he has already admitted that he has none to offer. Raban Shimon ben Gamliel maintains that since it is possible that he had been unaware of the evidence at the time of his earlier statement and only discovered it later, Beis Din may accept it. This ruling is referred to as "Ra'ayah Acharonah" since there is an earlier case in the same Mishnah regarding evidence offered in Beis Din in which the Halachah does follow the opinion of Raban Shimon ben Gamliel (Sanhedrin 31a).
4)[line 16]הנייר שליHA'NEYAR SHELI- the parchment remains mine
5)[line 17]אינה מגורשתEINAH MEGURESHES- she is not divorced [since the Torah requires that her Get be given to her (Devarim 24:1), and without the parchment the letters are considered to be "floating in the air" (RASHI to 20b DH Einah Megureshes)]
6)[line 18]מאי שנא סיפא?MAI SHENA SEIFA?- Our Gemara assumes that the terminology of "Al Menas" implies that the acquisition will take effect upon the fulfillment of the condition (see Background to 74:21). Therefore, even in the second case of the Tosefta she did not yet own the parchment when she was handed the Get.
7)[line 20]אפשר דמפייסה ליה בדמיEFSHAR D'MEFAISAH LEI BI'DAMEI- it is possible for her to appease him with the value [of the parchment]
8)[line 22]ליתיה בעיניהLEISEI B'EINEI- [the object in question] is not available
9)[line 24]תנאי כפולTENAI KAFUL - The Doubled Condition
(a)Much of the time, a Chalos (legally binding effect) or Kinyan (act of acquisition or an act that results in a change in status) may be made Al Tenai (conditionally).
(b)There are certain rules that govern the proper formulation and application of a Tenai. All regulations of conditions are derived from the Tenai that Moshe Rabeinu stipulated with the tribes of Gad and Reuven (Bamidbar 32:29-30). They received portions in the land of Ever ha'Yarden (modern-day Jordan) on condition that they fight alongside the other tribes during the conquest of Eretz Yisrael (see Gitin 75a, Kesuvos 74a).
(c)If a Tenai is not similar to that of Bnei Gad u'Vnei Reuven, it is as if no Tenai was stipulated and the resulting effect will occur whether or not the Tenai was fulfilled. Requirements derived from Tenai Bnei Gad u'Vnei Reuven include:
1.TENAI KODEM L'MA'ASEH - In a conditional statement, the condition must precede the subject ("If you..., then...) (Gitin 75b);
2.HEN KODEM L'LAV - The positive must be stated before the negative ("If you..., then..., but if you do not..., then...) (ibid.);
3.SHE'LO YIHEYEH TENAI U'MA'ASEH B'DAVAR ECHAD - a) The condition may not affect the subject of the action (i.e., "This is your Get but the paper upon which it is written remains mine") (RASHI to Gitin 75b DH b'Davar Echad); b) The condition may not preclude the action from happening (i.e., "This is your Get but the paper upon which it is written remains mine," in which case the Get does not take effect until it has already been returned) (TOSFOS ibid., DH d'Tenai);
4.EFSHAR L'KAYMO - It must be physically possible to fulfill the condition (Gitin 84a);
5.EFSHAR L'KAYMO AL YEDEI SHALI'ACH - A Tenai may only modify actions which one is able to perform through an agent (Shali'ach), such as purchases, sales, marriage, or divorce. Chalitzah, for example (see Background to 74:19), may not be done conditionally, since it cannot be accomplished through a Shali'ach (Kesuvos 74a).
(d)Moshe Rabeinu told the tribes of Reuven and Gad that if they would fight alongside their brethren in Eretz Yisrael then they would inherit Ever ha'Yarden, and that if they did not fight then they would not. That which he spelled out the ramifications of both their fulfillment of the stipulation as well as their inaction made it into a double-sided condition. This is termed a "Tenai Kaful." Rebbi Meir maintains that in this respect as well, all conditions must mimic Tenai Bnei Gad u'Vnei Reuven. If the Tenai was not doubled, it is as if no Tenai was stipulated. Rebbi Chanina ben Gamliel disagrees. He rules that "mi'Chlal Hen Atah Shome'a Lav" - from the positive (in this case, that which the stipulation was made to begin with) one may deduce the negative (that the desired effect will not take result if the condition is not fulfilled) (Mishnah, Kidushin 61a). RASHI (ibid. DH Rebbi Chanina) stresses that Rebbi Chanina ben Gamliel and Rebbi Meir disagree over the necessity of Tenai Kaful only. TOSFOS (ibid. DH Kol) maintain that this Machlokes extends to all of the requirements delineated in (c) above. Rebbi Meir requires them in order for the Tenai to affect the result, while Rebbi Chanina ben Gamliel maintains that the Tenai will affect the result even if these requirements are not met.
(e)There are opinions among the Rishonim which maintain that even Rebbi Meir does not require a Tenai Kaful under all circumstances.
1.The RAMBAM (Hilchos Ishus 6:17) rules that if one clearly states that he is making a condition by uttering the words "Al Menas..." ("on condition that..."), the Tenai need not be Kaful.
2.There are those who are of the opinion that the rules governing the validity of a Tenai apply only to Gitin and Kidushin, and not to sales, gifts, and the like (see RAMBAM and RA'AVAD Hilchos Zechiyah u'Matanah 3:8).
10)[line 27]תנאי בני גד ובני ראובןTENAI BNEI GAD UV'NEI REUVEN- see previous entry
11)[line 28]תנאי קודם למעשהTENAI KODEM L'MA'ASEH- see above, entry #9:c
12)[last line]תנאי בדבר אחד ומעשה בדבר אחרTENAI B'DAVAR ECHAD U'MA'ASEIH B'DAVAR ACHER- see above, entry #9:c
75b----------------------------------------75b
13)[line 4]כל האומר על מנת כאומר מעכשיו דמיKOL HA'OMER AL MENAS K'OMER ME'ACHSHAV DAMI- See Background to Gitin 74:21.
14)[line 6]שכיב מרעSHECHIV MERA- one who is deathly ill [who wishes to divorce his wife to save her from Yibum (see Background to 74:19), although he wishes to remain married to her in the event that he recovers]
15)[line 6]אם לא מתי, לא יהא גט; ואם מתי, יהא גטIM LO MATI, LO YEHEI GET; IM MATI, YEHEI GET- if I do not die [from this illness], then this Get should not take effect; if I die [from this illness], then this Get should take effect. The concern of Shmuel is that if the Tenai is stated more simply it would not be Kaful.
16)[line 8]מקדים איניש פורענותא לנפשיהLO MAKDIM INISH PUR'ANUSA L'NAFSHEI- one does not visit tribulations upon himself [any] earlier [then he must]
17)[line 12]הן קודם ללאוHEN KODEM L'LAV- see above, entry #9:c
18)[line 14]אם לא מתי, לא יהא גט; אם מתי, יהא גט; אם לא מתי, לא יהא גטIM LO MATI, LO YEHEI GET; IM MATI, YEHEI GET; IM LO MATI, LO YEHEI GET- Rava suggests that one mention the positive possibility both first and last so as to fulfill all of the necessary requirements, as the Gemara goes on to explain.
19)[line 19]תשמשי את אבאTESHAMSHI ES ABA- you see to my father's needs
20)[line 19]תניקיTANIKI- you nurse
21a)[line 21]מת הבן או שמת האבMES HA'BEN O SHE'MES HA'AV- if the son or the father dies [a) at any point (RASHI); b) before she ever began to nurse the son or serve the father (see TOSFOS DH Mes)]
b)[line 22]הרי זה גטHAREI ZEH GET- the Get is effective [since he wished her to perform these duties only when they were necessary, and they are no longer]
22)[line 24]"אי אפשי שתשמשני" שלא בהקפדה"IY EFSHI SHE'TISHAMSHEINI," SHE'LO B'HAKPADAH- "I do not wish her to serve me," but not due to that which he is dissatisfied with her service
23)[line 26]כזהKA'ZEH- in such a case [in which it is not due to her actions that he does not wish her service]
24)[line 27]כל עכבה שאינה הימנהKOL AKAVAH SHE'EINAH HEIMENAH- any impediment that is not her fault
25a)[line 31]מתניתין רשב"גMASNISIN RABAN SHIMON BEN GAMLIEL- our Mishnah follows the opinion of Raban Shimon ben Gamliel [who rules that she may pay for the value of his robe in order to fulfill his condition (74a)]. Since we assume that his intention is mainly for his own benefit and not that she must fulfill his condition to the letter, when he leaves his condition open-ended we must assume that he wishes to benefit as much as possible.
b)[line 32]וברייתא רבנןU'VERAISA RABANAN- and the Beraisa follows the opinion of the Rabanan [who rule that his stipulation was that she give him his robe and that no substitute may be accepted (74b)]. Since his stipulation was meant to be taken literally, in our case as well we may assume that as long as she has nursed his son or seen to his father's needs whatsoever then the condition has been fulfilled.
26)[line 34]מיקל בתנאיMEIKAL B'TENAI- he is lenient with regard to conditions [as he allowed her to substitute the value of the robe for the robe itself, and he therefore leniently interprets the condition of our Mishnah to apply to as little a time period as possible]
27a)[line 35]כאן בסתםKAN BI'STAM- here [in our Mishnah the case is one in which] he did not specify [a time period]
b)[line 35]כאן במפרשKAN B'MEFARESH- here [in the Beraisa the case is one in which] he did specify [a time period of only one day]
28)[line 36]כל סתם נמי כמפרש יום אחד דמיKOL STAM NAMI K'MEFARESH YOM ECHAD DAMI- Rav Ashi is not attempting to answer the contradiction between our Mishnah and the Beraisa. Rather, he is disagreeing with Rava. He maintains that the case in the Beraisa is one in which no time period was specified, since even in such a case a time period on only one day may be assumed.
29)[line 41]משתי שניםMI'SHTEI SHANIM- [at any point] over the course of two years