Conditional Get Fulfilled After Husband's Death — Need for Chalitzah

From: Rabbi Akiva Eiger

To: Unknown recipient

Description

A husband in Holland issued a conditional get requiring his wife to relocate within one year; he died four months later. Rabbi Shlomo Eiger ruled leniently that the Behag's view — that post-mortem fulfillment of a condition cannot validate a get — need not be followed here, given that the condition was a positive active one, that the wife remained bound through yibum, and that the Maggid Mishneh and Ran decisively refuted the Behag. Rabbi Akiva Eiger concurred and authorized the woman to remarry after fulfilling the condition.

Source: Shu"t Rabbi Akiva Eiger §126

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