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GITIN 77

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SUMMARY

If a husband gives a Get and he says that it shall be a Get when the sun comes out of its sac it is a Get at daybreak. (1)
 
If a husband gives a Get and he says that it shall be a Get on condition that the sun comes out of it's sac it is a Get immediately. (2)
 
If a husband gives a Get and he says that it shall be a Get if the sun comes out of it's sac it is a Machlokes between Rebbi Yosi and the Rabanan. (3)
 
If the husband says write and give a Get to my wife if I don't come back within 12 months if the Get is written within 12 months it is not a Get, but Rebbi Yosi holds that it is a Get.
 
If the husband says write and give a Get to my wife if I don't come back within 12 months if the Get is written within 12 months it is not a Get but Rebbi Yosi holds that it a Get.
 
If someone gives a Get and he says that it shall be a Get if he does not come back after a Shavu'a (seven year period) if he does not come back within the year after Shemitah it is a Get.
 
If he says that it shall be a Get if I don't come back after a year if he does not come back within the first month of the next year it is a Get.
 
If he says that it shall be a Get if I don't come back after a month if he does not come back within the first week of the next month it is a Get.
 
If he says that it shall be a Get if I don't come back after a week if he does not come back within the first three days of the next week it is a Get.
 
Rebbi says if the husband says it shall be a Get if I don't come back after the Regel if he does not come back within thirty days after the Regel it is a Get
 
If the husband throws a Get into the house or courtyard of the wife while she is at hand she is divorced.
 
If the husband throws a Get into his house or courtyard while she is at hand she is not divorced.
 
If the husband throws a Get into the lap or basket of the wife she is divorced even though she is in his house.
 
If a stolen object is found in roof courtyard or terrace of the thief he must pay Kefel (double).
 
Anything that the wife acquires the usage of it belongs to the husband.
 
If one partner says to another I don't have Din u'Devarim on this field, or I have no involvement with it, or my hand is removed from it his words are meaningless.
 
If a person is due to inherit something from one of his relatives [other than his father] he may forfeit his inheritance.
 
A person may forfeit a Takanah that was instituted for his benefit, therefore a woman may inform her husband that she forfeits her Mezonos and will not give him her handiwork. (4)
 
If the husband throws the Get into the courtyard of the wife she acquires the Get and the usage of her courtyard instantaneously.
 
When a master hands a Get Shichrur to his servant he acquires the Get and his hand instantaneously.
 
A person is Koneh a field with a Kinyan Chazakah if he makes a lock, or a fence, or a breach in the fence even if he does so only minimally.
 
A person does not have a right to the fruit of the property of his Arusah.
 
If the husband throws the Get into house or courtyard of the wife it is a Machlokes if the wife must be next to the house or the courtyard at the time that Get is given.
 
If a husband lends his wife a place in his courtyard and he throws the Get into the courtyard and it falls on a piece of wood if the wood is less than 4 by 4 Amos she is divorced. (5)
 
If the piece of wood is ten Tefachim high it is not a Get even if it is less than 4 by 4 Amos. (6)

A BIT MORE

1. If he dies sometime during the night it is not a Get.
 
2. Because Rav Huna says in the name of Rebbi that when someone says on condition it is as if he said 'from now'.
 
3. According to Rebbi Yosi who holds that the date on the Get makes it as if he said 'from now' it is a Get even if he dies during the night and according to the Rabanan it is only a Get at daybreak and if he dies during the night it is not a Get.
 
4. The Chachamim decreed that the husband must give Mezonos to his wife and in exchange he receives her handiwork. Since the Takanah was for her benefit if her handiwork is worth more than the Mezonos she may forfeit her Mezonos and not give him her handiwork.
 
5. However if it is more than 4 by 4 Amos she is not divorced because it is considered a separate place and the husband lent her one place in the courtyard, not two places.
 
6. Because ten Tefachim off the ground is considered a separate place.

BRIEF INSIGHT

AFTER THE REGEL
 
Rebbi says if the husband says it shall be a Get if I don't come back after the Regel if he does not come back within thirty days after the Regel it is a Get, however the Halachah is not like Rebbi. What is the Halachah? How long after the Regel may he come back? Rabeinu Chananel says that if he does not come back within 15 days it is a Get. The Ramban explains that just like we split up the days of the week and three days after Shabbos are regarded as after Shabbos, so too we split up the days of the month and the first 15 days after the month are regarded as after the month.

QUICK HALACHAH

SUNRISE
 
If a husband gives a Get and he says that it shall be a Get when the sun comes out of its sac, if he dies sometime during the night it is not a Get. If he says that it shall be a Get on the condition that the sun will shine and he dies during the night she is divorced, and when the sun shines the condition is fulfilled. If he makes the condition that if the sun shines it is a Get and if the sun does not shine it is not a Get and he dies during the night it is not a Get because it is not a Get until the Tenai is fulfilled and by that time he already had died. (Rambam Hilchos Gerushin 9:15)

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