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Rosh Kollel: Rabbi Mordecai Kornfeld


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Gitin 79

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) A GET ACQUIRED IN MID-AIR

(a) (Mishnah): She was standing on the roof and he threw her a Get - once it reaches the airspace above the roof, she is divorced;
(b) If he was on the roof and she was below, and he threw her a Get - once it leaves the airspace of the roof, even if it was blotted out or burned in mid-air, she is divorced.
(c) (Gemara) Question: Why is she divorced - the roof is not guarded (so it cannot acquire for her)!
(d) Answer #1 (Rav Yehudah): The case is, there is a railing around the roof.
(e) Answer #2 (Ula bar Manshiya): The case is, the Get passed less than 3 Tefachim above the roof.
1. Anything less than 3 Tefachim above the roof is as (resting on) the roof.
(f) (Mishnah): If he was on the roof...
(g) (Gemara) Question: Why is she divorced - the roof is not guarded (so it cannot acquire for her)!
(h) Answer (Rav Yehudah, R. Elazar, Ula, R. Asi): The case is, the walls of the yard (in which she stands) are higher than the roof (so the Get is guarded).
(i) Question (R. Aba, also R. Zeira): Is this according to Rebbi, who says (regarding Shabbos) that something in mid-air is considered as resting?
(j) Answer (Ula, also R. Asi): No it is even as Chachamim.
1. They only argue regarding Shabbos - but Gitin depends on the Get being guarded, and here the Get is guarded.
(k) (Mishnah): It was blotted out...
(l) (Rav Nachman): This only applies if it was blotted out as it descended - but if it was blotted out as it ascended, she is not divorced.
(m) Question: Why not?
(n) Answer: While ascending, it is not standing to land (so we cannot judge that it is as if it has already landed).
(o) (Mishnah): It burned up ...
(p) (Rav Nachman): This only applies if he threw the Get before there was a fire - but if the fire came first, she is not divorced.
(q) Question: Why not?
(r) Answer: From the moment he threw it, it was standing to be burned.
2) RECEIVING A GET THROUGH PROPERTY
(a) (Rav Chisda): If a husband lent his wife to receive her Get, he only lent her 1 property.
(b) Question (Rami bar Chama): What is Rav Chisda's source?
(c) Answer (Rava - Mishnah): She was standing on the roof and he threw her a Get - once it reaches the airspace above the roof, she is divorced.
1. Question: What is the case?
i. Suggestion: If she owns the yard and the roof - she is divorced even before it enters the airspace of the roof!
ii. Suggestion: If he owns the yard and the roof - even after it enters the airspace of the roof, she is not divorced!
2. Answer: It must be, he owns the yard and she owns the roof.
3. (End of the Mishnah): If he was on the roof and she was below, and he threw her a Get - once it leaves the airspace of the roof, even if it was blotted out or burned in mid-air, she is divorced.
4. Question: If also here, he owns the yard and she owns the roof, why is she divorced?
5. Answer: It must be, she owns the yard and he owns the roof.
6. Objection This is unreasonable - the Mishnah should be consistent!
7. Answer: Rather, it must be that he owns both, and he lends her a place to receive the Get;
i. Since the Mishnah says that she is not divorced until the Get enters the airspace of where she is - we learn that he only lent her that place, for a man only lends 1 place.
(d) Rejection: No - the beginning of the Mishnah is when he owns the yard and she owns the roof; the end of the Mishnah is when she owns the yard and he owns the roof.
(e) (Rava): There are 3 laws regarding receiving a Get through property.
1. Rebbi considers an airborne object to be resting and Chachamim argue - but that is only regarding Shabbos, but here all agree that the Get is acquired, because it is guarded.
2. Rav Chisda taught: if one erects a beam in a private domain with a basket on top, even if it is 100 Amos tall, one who throws something into it from the public domain is liable, for the private domain extends to the sky.
i. That is only regarding Shabbos - but a Get is not acquired thusly, for a Get must be guarded, and this is not considered guarded.
79b---------------------------------------79b

3. Rav Yehudah taught: a person should not stand on a roof and collect rainwater from another roof (even if attached), for just as the houses below are distinct residences, the roofs are considered distinct (and we do not transfer from 1 private domain to a different private domain on Shabbos).
i. That is only regarding Shabbos - but Gitin depend on the will of the husband (who lent his wife the roof to receive the Get) - a man is not so particular that he cares on which roof she receives the Get.
(f) (Abaye): A woman owns an inner courtyard, her husband owns an outer courtyard. The walls of the outer are higher than those of the inner. He threw her a Get - once it (is above her courtyard) and is lower than the outer walls, she is divorced.
(g) Question: Why is this - the Get is not guarded within the walls of her property!
(h) Answer: The outer walls also service the inner courtyard.
1. This does not apply to boxes: if she owns an inner box, and he owns the outer box and throws a Get - even after it in the airspace of her box, she is not divorced.
2. Question: Why is this?
3. Answer: It has not rested yet.
4. Question: Even after it rests, why is she divorced - this is as the vessel of the buyer in the domain of the seller!
5. Answer: The case is, his box has no bottom (her box rests on the ground).
3) AN OLD GET
(a) (Mishnah): Beis Shamai say, a man may divorce his wife with an old Get; Beis Hillel forbid this.
1. A Get is old if the couple were in seclusion after the Get was written.
(b) (Gemara) Question: On what do they argue?
(c) Answer: Beis Shamai hold that we do not decree lest she became pregnant after the writing, and people will assume that the Get was given on the date written and say that the child was conceived after the divorce; Beis Hillel make such a decree.
(d) [Version #1 (R. Aba): If she got married relying on an old Get, she may remain married.]
(e) [Version #2 (R. Aba): If she was divorced with an old Get, she may remarry l'Chatchilah.]
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