POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim 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.
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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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