Wednesday, 24 February 2016

gittin 72

"divorce if I die"

but death is the only certainty for all mortal life.

even if there is ambiguity if she will be a widow, or just an ex-wife.

this page discusses the validity of a husband saying to his wife: this is your divorce if I die - and different versions of that statement, depending if it is connected to an on-going illness, or "from today, this is your divorce if I die" etc. Why say "if" - everybody's got to go sometime. If they are divorced or not is worthy of discussion. but one thing is certain. we will all die. no "if." and then it hit me. what isn't being discussed here is actually, he is saying to his wife: "if I die before you, then actually we are divorced." and what claim does a divorced wife have on the inheritance of his estate? From her point of view, is it better to be a widow or an ex-wife?

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