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1) THE CONDITIONAL GET

(a) R. Yehudah Nesi'ah: Last night, we permitted oil of Nochrim.
(b) R. Simla'i: You will even permit their bread!
(c) R. Yehudah Nesi'ah: No, for then we would be called a permissive Beis Din.

1. (Mishnah): Yosi ben R. Yo'ezer testified that Ayil Kamtza (a species of grasshopper) is permitted, that liquids (blood and water) in the Azarah (courtyard of the Mikdash) are Tahor, and that one who touches a corpse is Tamei (this will be explained (very differently) later), and they called him 'permissive Yosi'.

(d) R. Simla'i: He permitted three things, bread would only be your second!
(e) R. Yehudah Nesi'ah: I also permitted a conditional Get.

1. (Mishnah): Reuven gave a Get to his wife, saying 'This is your Get if I do not return within 12 months', and he died during the 12 months - (since he died before the Get takes effect,) the Get does not take effect;
2. (Beraisa): Raboseinu permitted her to marry (even if she would have fallen to Yibum without the Get).

i. (Rav Yehudah): 'Raboseinu' is the Beis Din that permitted oil; they hold like R. Yosi, who says that the date on a document (on condition) proves that it was intended to take effect from that day (therefore, the Get took effect before he died).
ii. (R. Aba brei d'R. Chiya bar Aba): R. Yehudah Nesi'ah's colleagues did not agree with him.

(f) Question (R. Elazar, of a Chacham): Did you permit her to marry immediately after her husband died (since the condition will surely be fulfilled);

1. Or, must she wait until 12 months (Ramban - then, the condition is properly fulfilled; Tosfos - this is a decree, lest other women remarry within the year even though their husbands did not die)?
2. The Chacham: Why didn't you ask me regarding the Mishnah?

i. (Mishnah): 'This is your Get *from now* if I do not return within 12 months', and he died during the 12 months - the Get takes effect.
ii. You could ask, may she remarry immediately (since he will not come), or must she wait 12 months?

3. R. Elazar: I asked about the Beraisa, because you were part of the Beis Din that permitted that case.

(g) (Abaye): All agree that if he said '(This is your Get) *when* the sun comes out', it does not take effect until morning, if he died before morning, the Get is void (since it did not take effect in his lifetime);

1. All agree that if he said '*On condition that* the sun will come out', it takes effect from now (but she may not marry until morning), if he died before morning, the Get is valid;

i. (Rav Huna): 'On condition that' is like saying 'from now'.

2. They argue when he said '*Im* (if) the sun will come out': R. Yehudah Nesi'ah holds like R. Yosi, the date on the Get proves that he wants it to take effect from now, this is like saying 'From today if I die' (a valid Get);

i. Chachamim argue with R. Yosi's law (or say that it does not apply here, for the stipulation is not written in the Get - Tosfos), it is as if he said 'This is your Get if I die' (which is invalid).

(a) (Mishnah): Yosi ben R. Yo'ezer testified that Ayil Kamtza is permitted, that liquids in the Azarah are Tahor, and that one who touches a corpse is Tamei (this will be explained (very differently) later), and they called him 'permissive Yosi'.
(b) Question: What is Ayil Kamtza?
(c) Answer #1 (Rav Papa): Shushiva (a long-headed grasshopper).
(d) Answer #2 (Rav Chiya bar Ami): Susbil (a species of grasshopper).

1. Rav Papa says that (Yosi and Chachamim) argue about long-headed grasshoppers: Yosi permits them, Chachamim forbid them.
2. Rav Chiya bar Ami says that all agree that long-headed grasshoppers are forbidden (Tosfos - permitted);

i. They argue about species whose wings cover a bare majority of the grasshopper: Yosi permits them, Chachamim require that the wings cover a clear majority of the grasshopper.

(e) (Mishnah): Liquids in the Azarah are Tahor.
(f) Question: What does this mean?
(g) Answer #1 (Rav): They do not receive Tum'ah at all.
(h) Answer #2 (Shmuel): They do not impart Tum'ah, but they themselves receive Tum'ah.
(i) Rav says that they do not receive Tum'ah at all - he holds that liquids do not receive Tum'ah mid'Oraisa, only mid'Rabanan;

1. Chachamim decree Tum'ah on other liquids, but not in the Azarah.

(j) Shmuel says that liquids in the Azarah do not impart Tum'ah - he holds that liquids receive Tum'ah mid'Oraisa, they only impart Tum'ah mid'Rabanan;

1. Chachamim decreed that other liquids impart Tum'ah, not liquids in the Azarah.

(k) (Mishnah): And that one who touches a corpse is Tamei, and they called him 'permissive Yosi'.
(l) Question #1: This last ruling is a stringency, not a leniency!
(m) Question #2: This law is explicit in the Torah (why did he have to testify about it) - "V'Chol Asher Yiga...O v'Mes"!
(n) Answer #1 (to both questions): Mid'Oraisa, one who touches a corpse is Tamei (for seven days); Chachamim decreed that one who touches one who touched a corpse is also Tamei (for seven days), Yosi annulled the decree, and ruled according to Torah law (he can immerse and become fully Tahor at nightfall).

1. Objection: Mid'Oraisa, one who touches one who is touching a corpse is Tamei - "V'Chol Asher Yiga Bo ha'Tamei Yitma" (implying, for seven days)!
2. Answer (Rabanan citing Rav Nachman): Mid'Oraisa, one who touches one who is touching a corpse is Tamei (seven days), one who touches one who *touched* a corpse is Tamei until nightfall;

i. Chachamim decreed that also in this latter case he is Tamei for seven days; Yosi annulled the decree, and ruled according to Torah law.

3. Question: How do we know that mid'Oraisa he is Tamei until nightfall?
4. Answer - Contradiction: It says "Ha'Noge'a b'Mes...v'Tamei Shivas Yamim", and "V'Chol Asher Yiga Bo ha'Tamei Yitma (implying, also seven days), and "veha'Nefesh ha'Noga'as Titma Ad ha'Arev"!

i. Answer: The second verse discusses one who touches one who is touching a corpse, the last verse discusses one who touches one who touched a corpse.

5. Objection (Rava): Rav Nachman did not explain thusly!

(o) Answer #2 (Rava citing Rav Nachman): Yosi ruled that doubtful Tum'ah in a public domain is Tahor.
(p) Question: But all agree to this, we learn from Sotah!

1. Doubtful Tum'ah of a Sotah is Tamei, but this only applies to a private domain - in a public domain, doubtful Tum'ah is Tahor!

(q) Answer: R. Yochanan taught, the Halachah is, it is Tahor, but we do not publicize this;

1. Yosi taught that we publicize it.

(r) Support (Beraisa - R. Yehudah): Yosi put beams to show people where is considered the public domain (regarding Tum'ah);

1. R. Yanai would tell people (who became doubtfully Tamei in a public domain) to immerse.

(a) (Mishnah): Bishul Akum (cooked foods of Nochrim) is forbidden.
(b) Question: What is the source of this?
(c) Answer #1 (R. Chiya bar Aba): "Ochel ba'Kesef Tashbireni v'Achalti u'Mayim..." - just as we may drink water of Nochrim, it has not changed, also we may only eat their food if it has not changed.
(d) Objection: If so, it should be forbidden to eat Kelayos (wheat that was dried in an oven) of a Nochri!

1. Suggestion: Perhaps that is true!
2. Rejection (Beraisa): If a Nochri made Kelayos out of wheat, it is permitted.

(e) Answer #2: Rather, just as we may drink their water, it is in its natural form, also we may only eat their food if it is in its natural form.
(f) Objection: If so, if a Nochri ground wheat, the flour should be forbidden!

1. Suggestion: Perhaps that is true!
2. Rejection (Beraisa): If a Nochri made Kelayos out of wheat, and flour or fine flour of a Nochri - these are permitted.

(g) Answer #3: Just as we may drink water of Nochrim, it has not changed through fire, also we may only eat their food if it has not changed through fire.
(h) Objection: The Torah does not say that it depends if it changed through fire!
(i) Answer #4: Chachamim decreed against Bishul Akum, the verse is only an Asmachta.