Gittin, Daf Yod Gimmel, Part 2

 

Introduction

New mishnah time!

 

מַתְנִי׳ הָאוֹמֵר תְּנוּ גֵּט זֶה לְאִשְׁתִּי שְׁטַר שִׁחְרוּר זֶה לְעַבְדִּי וּמֵת לֹא יִתְּנוּ לְאַחַר מִיתָה

תְּנוּ מָנֶה לְאִישׁ פְּלוֹנִי וּמֵת יִתְּנוּ לְאַחַר מִיתָה

 

If a man says, Give this get to my wife or this writ of emancipation to my slave , and dies [before they are given], they do not give [the documents] after his death.

[If he said], Give a maneh to so-and-so and died, the money should be given after his death.

 

In this case described in this mishnah, the person dies before the document is given. The mishnah teaches that in cases of divorce and emancipation, the messenger should not give the document after the husband/master s death. A get and a writ of manumission do not go into effect until they are given. Since a dead man cannot divorce his wife or free his slave, the documents cannot be given after his death. In contrast, when a dying person gives a present, his mere statement transfers ownership. Therefore, the present should be given even after the giver s death.