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Why does a husband who dies before returning need to have made a formal claim of oines to validate his conditional get? Rashi (רש"י) argues that gittin aren't about ability but about intent - you must demonstrate you want the get invalidated. This creates a fundamental dispute with the Baalei Tosafos (תוספות) about whether ones automatically cancels the get or requires explicit declaration.
This shiur analyzes a complex sugya in Kesubos 2b dealing with the halacha (הלכה) of "ein ones begitin" (there is no exemption of oines by gittin) according to Rashi (רש"י)'s understanding, contrasted with the position of the Aguda and other Rishonim. The discussion centers on cases where a husband gives a conditional get stating it will take effect if he doesn't return within twelve months, and then dies during that period. Rabbi Zweig begins by outlining several difficulties in Rashi's interpretation: the apparent contradiction between the Gemara (גמרא)'s assumption that oines exists in gittin versus the conclusion that ein ones begitin; Rashi's seeming inconsistency between the beginning and end of the sugya regarding whether a woman becomes forbidden to kohanim; and questions about why the Gemara didn't immediately apply ein ones begitin.
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Kesubos 2b
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