Commentary for Gittin 5:1

ור' יוחנן כר"ש בן אלעזר דר"ש בן אלעזר אמר אינו גט עד שיאמר לה בשעת מתנה שהוא גיטיך. דרבי יוחנן ייבא מן ר' שמעון בן אלעזר ולא מודה ר' שמעון בן אלעזר שאם אמר לה בשעת מתנה שהוא גיטיך שאינו גט. והכא אפילו אם אמר לה בשעת מתנה שהוא גיטיך אינו גט עד שיאמר לה בפני שנים בפני נכתב ובפני נחתם. אלא מיסבור סבר ר' יוחנן שאין האשה נאמנת לומר התקבלתי גיטי משלוחי בעלי. והא תנינן האשה עצמה מביאה גטה וחש לומר שמא משלוחי הבעל קבלה. מאי כדון טעמא דר' יוחנן כדי להחזיקה גרושה בפני שנים. אתא עובדא קומי ר' יהושע בן לוי אמר ליה לית צריך. מחלפה שיטתיה דר' יהושע בן לוי. תמן אמר רבי יהושע בן לוי שנייא היא שאינן בקיאין בדיקדוקי גיטין. והכא אמר אכן. חברייא בשם דר' יהושע בן לוי

R. Hanina says: The sun must have gone down and the moon have commenced to rise. In effect R. Samuel says: The moon cannot shine as long as the sun still lightens, neither can the moon shine after the sun has darted his (morning) beams. R. Samuel bar-Hiya, in the name of R. Hanina, says: If a man, when the sun has begun to set, descends from the summit of Mount Carmel to bathe in the sea, and re-ascends to partake of the oblations, he has certainly bathed during the daytime. It is, however, only a certainty in the case of one taking cross-roads to shorten the route; but not in the case of one who follows the high road (Strata). What is meant by "the intermediate period "? R. Tanhooma says: It resembles the delay of a drop of blood placed on the edge of a sword, i.e. the time required for the drop of blood to divide and run down on either side of the blade, is equivalent to the period of transition. According to R. Nehemiah, it means the time it would require for a man to run half a mile, after sunset. R. Yosse says: This twilight lasts no longer than the twinkling of an eye, and not even the men of science could measure it. Whilst the R. Yosse and R. Aha were together, the former said to the latter: Does it not seem to you that the passage of this half a mile (twilight) lasts but a second? It is certainly my opinion, said R. Aha. However, R. Hiya does not say so, but each twinkling of an eye, measured by the duration of the passage of half a mile (as R. Nehemiah), is doubtful. R. Mena says : I have made an objection in the presence of R. Aha: Have we not learnt elsewhere, that if an impurity is seen, once during the day and again during the intermediate period, or once in the twilight and again on the morrow, when the certainty exists that the impurity dates partly from this day and partly from the next day, there is a certainty as to the circumstances of the impurity, and the sacrifice is obligatory.

Shulchan Arukh, Even HaEzer

Neither the main part nor the added part of her dower is collected from anything but the poorest quality land. They are not collected from the betterments made to the property after his death, regardless of whether the betterments were made by the inheritors or by the buyers who she comes to repossess. They are only collected from the possessions [of the late husband], not from potential assets. Rem"a: If a father willed a gift to be given to his son after two or three years, or willed that he not be given his portion of the inheritance for two or three years, the property is considered "potential," not "possessed," and the son's wife may not collect her dower from it (Mahar"i Weil no. 40). Some say that if Jacob dies while his son Reuben is alive, and he left a widow who is supported by his estate, Reuben's widow does not collect her dower from those assets, since they are subordinated to his father's widow upon Reuben's death (Mordechai). This is only if the inheritors have no right to clear the widow's alimony [with a lump sum payment], but if they can pay off the widow, Reuben's widow may collect from there (ibid.). Work wages that never reached his hands are called "potential" (Mordechai on Bava Batra). If an object of his was stolen, then he died, and the stolen object was then recovered, it is considered "possessed" (Responsa Maharam). A loan due to the husband is considered "possessed," and she may collect from it, even if the debtor is a Samaritan. Rem"a: All of this only applies to the main and added parts of her dower. But her dowry and other tzon barzel assets have the status of any debt (Magid Mishneh on ch. 16 and Beit Yosef in the name of Nimukei Yosef, Ran, and Rabbenu Yeruham). Some say that nevertheless they are only collected from poor-quality land (Ran on Gittin).

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