Traité Gittin

Traduction française en préparation — version anglaise (Steinsaltz) : where the condition and the action are about the same matter, the giving of the bill of divorce. Accordingly, the condition would not be valid even if one were to disregard the concern of the action preceding the condition. Rather, Rav Adda bar Ahava said that this condition is void because the condition and the action are about the same matter, and therefore the bill of divorce is valid even without fulfillment of the condition.

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Ashi said: In accordance with whose opinion is this baraita? It is in accordance with the opinion of Rabbi Yehuda HaNasi, as Rav Huna says that Rav 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. Consequently, the bill of divorce is effective immediately, even if the woman will later be required to return the document itself to him.

Traduction française en préparation — version anglaise (Steinsaltz) : § With regard to conditions in a bill of divorce, Shmuel instituted that in a bill of divorce of a person on his deathbed the following expression should be written: If I do not die this will not be a valid bill of divorce, and if I die it will be a valid bill of divorce.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks about the wording used here: But let us say this statement in a more intuitive order: If I die it will be a valid bill of divorce, and if I do not die this will not be a valid bill of divorce. The Gemara explains: A person does not hasten a calamity upon himself. Consequently, he does not wish to mention his death first.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: Why did Shmuel use this phrasing? But let us say the condition using the following formulation: It will not be a valid bill of divorce if I do not die, and it will be a valid bill of divorce if I do die. The Gemara asks: When stipulating a condition, we require the condition to come before the action, but in this formulation the resultant action, that the bill of divorce is not valid, precedes the condition, if I do not die.

Traduction française en préparation — version anglaise (Steinsaltz) : Rava objects to this explanation: Now, from where do we learn the principles of all conditions? They are derived from the condition of the children of Gad and the children of Reuben. Just as there, the affirmative precedes the negative, meaning that the positive portion that speaks about what will occur if the condition is fulfilled appears before the negative portions that describe what will exist if the condition is not fulfilled, so too, all conditions must be formulated in this manner. This serves to exclude the case here, instituted by Shmuel, where the negative precedes the affirmative.

Traduction française en préparation — version anglaise (Steinsaltz) : Rather, Rava said that the condition in the bill of divorce of a dying man should be worded in the following manner: If I do not die this will not be a bill of divorce. If I die this will be a bill of divorce, and if I do not die this will not be a bill of divorce.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara explains the necessity for such a formulation: The husband first says: If I do not die this will not be a bill of divorce, because a person does not hasten a calamity upon himself. Therefore, he first mentions the possibility that he will not die. Then he states the compound condition in the following order: If I die this will be a bill of divorce, and if I do not die this will not be a bill of divorce. This is because we require that the affirmative precedes the negative.

Traduction française en préparation — version anglaise (Steinsaltz) : MISHNA: If a husband says to his wife: This is your bill of divorce on the condition that you will serve my father, or: On the condition that you will nurse, i.e., breastfeed, my son, without specifying a time period, how long is she required to nurse him in order to fulfill the condition? She is required to nurse the baby for two years from his birth, which is the length of time generally designated for nursing. Rabbi Yehuda says: The time for nursing is only eighteen months. If the baby son died or the husband’s father died, this is a valid bill of divorce, even though the condition was not fulfilled.

Traduction française en préparation — version anglaise (Steinsaltz) : But if the husband said to his wife: This is your bill of divorce on the condition that you will serve my father for two years, or: On the condition that you will nurse my son for two years, and the son died before she nursed him for two years, or the father said: I do not want you to serve me, then even if the father did not say this in anger and she did everything she was expected to do, it is not a valid bill of divorce because the condition was not fulfilled.

Traduction française en préparation — version anglaise (Steinsaltz) : Rabban Shimon ben Gamliel says: In a case like this it is a valid bill of divorce. Rabban Shimon ben Gamliel stated a principle: If there is any hindrance to the fulfillment of the condition that does not result from her, then it is a valid bill of divorce.

Traduction française en préparation — version anglaise (Steinsaltz) : GEMARA: But do we require that she serve the father or nurse the son for all of this time that was stipulated? And the Gemara raises a contradiction based on what was taught in a baraita (Tosefta, Nidda 2:2): If she served the father for one day or she nursed the son for one day it is a valid bill of divorce.