Masechet Kiddushin 60a-61a: Does the fulfillment of the condition operate retroactively?

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Date:
May 14 2016
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59min 3s
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Series: Daf Yomi

Venue: Jerusalem Jerusalem

Gemara:

Collections: R' Berzon Kiddushin Daf Yomi

Description

If the the fulfillment of the condition took place after the death of the Mekadesh, is the Get valid because the תנאי operates retroactively? Or is the Get valid only at the moment of the fulfillment of the condition (i.e. there is no din למפרע) and the Halacha invalidates a Get after the death of the Megaresh? The difference will be if she falls for Yibum? If the Get is valid למפרע then she is a גרושה and there is no זיקת ייבום. We will discuss the case of a condition that "I own a piece of Real Estate" and he has no evidence to prove that in fact he owns such קרקע. This will lead to a complex discussion about a field that has deed ditches that separate segments of the field. This is relevant not only to kiddushin but to sales as well.

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    Learning on the Marcos and Adina Katz YUTorah site is sponsored today by Rachel and Yosie Levine in memory of Judith Levine and by the Goldberg and Mernick Families to mark the yahrzeit of Samuel M. Goldberg, R’ Shmuel Meir ben R’ Eliyahu HaCohen z”l