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Rosh Kollel: Rabbi Mordecai Kornfeld


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Gitin 78

GITIN 77-79 - Dedicated by an admirer of the work of the Dafyomi Advancement Forum, l'Iluy Nishmas Mrs. Gisela Turkel, Golda bas Reb Chaim Yitzchak Ozer, A"H.

1) THROWING A GET INTO A VESSEL

(a) (Mishnah): Even if she is with him on the bed (the Get is invalid).
(b) (Rava): This only applies to his bed - if the bed is hers, she is divorced.
1. Support (Beraisa - R. Eliezer): If it is his bed, she is not divorced; if it is her bed, she is divorced.
(c) Question: If it is her bed, why is she divorced - this is as vessels of the buyer in the domain of the seller!
1. Suggestion: We may derive that a buyer may acquire through his vessels in the domain of the seller!
(d) Answer: No - the case is, the bed is 10 Tefachim tall, it is above (not in) the husband's domain.
(e) Question: But the legs of the bed rest in his domain!
(f) Answer: People do not care about such a small place.
(g) (Mishnah): If he throws it into her garment or basket (she is divorced).
(h) Question: Why is she divorced - this is as vessels of the buyer in the domain of the seller!
(i) Answer #1 (Rav Yehudah and R. Elazar): The case is, her basket is hanging on her.
(j) Answer #2 (Reish Lakish): She is divorced as long as her basket is attached to her, even if it rests on the floor.
(k) Answer #3 (Rav Ada bar Ahavah): The case is, the basket is between her legs (so he allows her to put it there).
(l) Answer #4 (Rav Mesharshiya bar Rav Dimi): The case is, her husband sells baskets (so he does not mind that it is on the floor).
(m) Answer #5 (R. Yochanan): The place of her garment and of her basket is acquired to her.
1. (Rava): This is because a person does not mind if his wife's garment or basket is on the floor.
2. Support (Beraisa): If he throws it into her garment or basket or anything else as her basket, she is divorced.
3. Question: What does the Beraisa include by saying 'Anything else as her basket'?
4. Answer: A basket from which she eats dates.
2) DIVORCE WITHOUT HER UNDERSTANDING
(a) (Mishnah): A man told his wife: 'Take this loan document', or she found her Get in back of him; she reads it and realizes that it is her Get - she is not divorced unless he says 'This is your Get'.
(b) If he put it in her hand while she was sleeping, and she wakes up and finds her Get in her hand - it is not a Get unless he says 'This is your Get'.
(c) (Gemara) Question: How does it help to say 'This is your Get'? This is as telling her to take her Get from the floor (since her husband did not put it in her domain to divorce her).
1. (Rava): Telling a wife to take her Get from the floor cannot divorce her!
(d) Answer: Rather, the case is that she removed it from his belt.
(e) Question: Still, he did not give it to her!
(f) Answer: He bent himself towards her to bring the Get closer to her, and she took it.
1. Support (Beraisa - Rebbi): If he told her 'Take this loan document', or she took the Get from his belt, and discovered that it is her Get - she is not divorced unless he says 'This is your Get';
i. R. Shimon ben Elazar says, the Get is only valid if he takes it back and gives it again, saying 'This is your Get'.
2. If he put it in her hand while she was sleeping, and she wakes up and finds her Get in her hand - it is not a Get unless he says 'This is your Get';
i. R. Shimon ben Elazar says, The Get is only valid if he takes it back and gives it again, saying 'This is your Get'.
3. It is necessary to teach both cases.
i. If only the first case was taught - one might have thought, Rebbi says there that he need not give the Get again, because she was fit to be divorced when she got it; but if he gave it to her when she was sleeping, he admits that the Get must be given again.
ii. If only the second case was taught - one might have thought, R. Shimon ben Elazar would admit in the first case that he need not give the Get again, because she was fit to be divorced when she got it.
(g) (Rava): If he wrote a Get for her and put it in her slave's hand - if the slave is sleeping and she guards the slave, she is divorced;
1. If the slave is awake, she is not divorced, because her slave is as a courtyard not being guarded by her volition.
(h) Question: Why is the Get valid when the slave sleeps and she guards him - a slave is as a moving courtyard, which cannot make an acquisition!
1. Suggestion: Perhaps when he sleeps he is not considered a moving courtyard.
2. Rejection: Rava himself taught, whatever does not acquire when it moves, it does not acquire when it is stationary.
(i) Answer: The case is, the slave was tied up.
3) A GET THROWN IN THE PUBLIC DOMAIN
(a) (Mishnah): A man threw a Get to his wife, who was standing in the public domain. If it lands closer to her, she is divorced; closer to him, she is not divorced; if it lands in the middle, she has the stringencies of being divorced and not divorced.
(b) The same applies to engagement, and to a debt.
1. A creditor said: 'Throw me the money you owe me' - if it landed closer to the creditor, the loan was repaid (even if the money was lost just after it landed); closer to the borrower, the loan was not repaid; if it landed in the middle, it was half repaid.
(c) (Gemara) Question: What is the case of being closer to her or him?
(d) Answer #1 (Rav): Within 4 Amos of her is called closer to her; within 4 Amos of him is called closer to him.
1. Question: What is the case of being in the middle?
2. Answer #1 (R. Shmuel bar Rav Yitzchak): They were both standing within 4 Amos of where it landed.
3. Objection: We should decide based on who was there first!
i. Suggestion: They came at the same moment.
ii. Rejection: It is impossible that they came precisely at the same moment!
4. Answer #2 (Rav Kahana): The case is, they are exactly 8 Amos apart; part of the Get is within 4 Amos of him, part is within 4 Amos of her.
78b---------------------------------------78b

5. Objection: If so, he has a hold on the Get (and she is not even doubtfully divorced)!
6. Answer #3 (Rabah and Rav Yosef): The case is, there are 2 pairs of witnesses; 1 pair says it fell closer to him, the other says it fell closer to her.
(e) Answer #2 (R. Yochanan): It can be considered closer to her, even if she is 100 Amos away; similarly, regarding him.
1. Question: What is the case of being in the middle?
2. Answer (R. Shaman bar Aba): R. Yochanan says that whoever can guard the Get is considered closer; if neither or both can guard it, that is called 'in the middle'.
i. R. Yonason also holds this way.
3. Support (Beraisa - R. Eliezer): If it is closer to her than to him, if a dog took it, she is not divorced.
i. Objection: This cannot be - must she forever guard the Get?!
ii. Answer: Rather, we must say, if it is closer to her than to him, but a dog came to take it, he could guard it but not her, she is not divorced.
(f) Answer #3 (Shmuel): The Mishnah says, it is closer to her if she can bend down and pick it up;
1. I say that one should be stringent and not permit her until she takes the Get in her hand.
2. (Rav Mordechai): A case occurred (where he died before she picked up the Get); Chachamim required her to do Chalitzah.
(g) (Mishnah): The same applies to engagement.
(h) (R. Asi): The law of the Mishnah only applies to divorce, not to anything else.
(i) Question (R. Aba - Mishnah): The same applies to engagement.
(j) Answer (R. Asi): Indeed, it also applies to engagement, for the Torah equates divorce and engagement (v'Yatz'ah v'Haysah).
(k) Question (Mishnah): The same applies to a debt - a creditor said: 'Throw me the money you owe me' - if it landed closer to the creditor, the loan was repaid; closer to the borrower, the loan was not repaid; if it landed in the middle, it was half repaid.
(l) Answer: The case was, the creditor said, 'Throw me the money you owe me and you will be exempt'.
(m) Objection: If so, obviously he is exempt (if the money lands closer to the creditor)!
(n) Answer: The case was, he said, 'Throw me the money according to the law of divorce'.
(o) Question: Also in this case, the law is obvious!
(p) Answer: One might have thought, the creditor can say, I was only joking (really, I do not exempt you until you properly return the money to me) - we hear, this is not so.
4) WHEN HE STILL HAS A HANDLE ON THE GET
(a) (Rav Chisda): If he put the Get in her hand, but he holds a string attached to the Get - if he can yank it from her, she is not divorced; if not, she is divorced.
(b) Question: Why is this?
(c) Answer: We require (a Sefer of) cutting.
(d) (Rav Yehudah): If her hand was slanted (so she could not catch the Get) - even if he threw it and it hit her hand, she is not divorced.
(e) Question: Why not - it will fall within 4 Amos of her!
(f) Answer: The case is, it never landed (e.g. it burned up in mid-air).
(g) Question: She should be divorced because it was in the airspace of the 4 Amos around her!
1. R. Elazar was unsure whether the enactment that 4 Amos around a person acquire for him, includes the airspace of that 4 Amos (that it also acquires for him).
2. From Rav Chisda, we may conclude that the enactment does not apply to the airspace!
(h) Answer: The case is, she is standing on the riverbank, the Get was never standing to land within 4 Amos of her (but rather to fall in the river).
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