1)

A GET ACQUIRED IN MID-AIR

(a)

(Mishnah): If she was standing on the roof and he threw a Get to her, 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 a Get to her, 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! (The wind can blow the Get away, so the roof 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 three Tefachim above the roof.

1.

Anything less than three Tefachim above the roof is like (resting on) the roof.

(f)

(Mishnah): If he was on the roof...

(g)

Question: Why is she divorced? The yard (in which she stands) is not guarded (the wind can blow the Get outside)!

(h)

Answer (Rav Yehudah, R. Elazar, Ula, and R. Asi): The case is, the walls around the yard (in which she stands) are higher than the roof (so once the Get leaves the roof, it is guarded).

(i)

Question (R. Aba, also R. Zeira): Is this only 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 like Chachamim.

1.

They argue only about Shabbos. Gitin depends on the Get being guarded, and here the Get is guarded.

(k)

(Mishnah): If it was blotted out...

(l)

(Rav Nachman): This applies only if it was blotted out while descending. If it was blotted out while ascending, she is not divorced.

(m)

Question: What is the reason?

(n)

Answer: While ascending, it is not considered destined to land (we cannot view it as if it already landed).

(o)

(Mishnah): If it burned up...

(p)

(Rav Nachman): This is only if he threw the Get before there was a fire. If the fire came first, she is not divorced.

(q)

Question: What is the reason?

(r)

Answer: From the moment he threw it, it was destined to be burned.

2)

RECEIVING A GET THROUGH PROPERTY

(a)

(Rav Chisda): If a man lent property to his wife to receive her Get, he lent to her only one property.

(b)

Question (Rami bar Chama): What is Rav Chisda's source?

(c)

Answer (Rava - Mishnah): If she was standing on the roof and he threw a Get to her, once it reaches the airspace above the roof, she is divorced.

1.

Question: What is the case?

i.

If she owns the yard and the roof, she is divorced even before it enters the airspace of the roof!

ii.

If he owns the yard and the roof, even after it enters the airspace of the roof, she is not divorced!

2.

Answer #1: We must say that he owns the yard, and she owns the roof.

3.

(Reisha): If he was on the roof and she was below, and he threw a Get to her, 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 #1: We must say that here she owns the yard, and he owns the roof.

6.

Objection: This is unreasonable. The Mishnah should be consistent!

7.

Answer #2 (to both questions): Rather, in the entire Mishnah he owns both, and he lends to her a place to receive the Get;

i.

The Mishnah says that she is not divorced until the Get enters the airspace of where she is. This teaches that he lent to her only that place, for a man lends only one place.

(d)

Rejection: The objection to Answer #1 is unfounded. We can say that in the Reisha, he owns the yard and she owns the roof. In the Seifa, she owns the yard and he owns the roof.

(e)

(Rava): There are three laws about receiving a Get through property:

1.

Rebbi considers an airborne object to be resting and Chachamim argue. That is only regarding Shabbos, but here all agree that she acquires the Get (in midair), because it is guarded.

2.

Rav Chisda taught that if one erects a beam in a Reshus ha'Yachid (private domain) with a basket on top, even if it is 100 Amos tall, one who throws something into it from Reshus ha'Rabim (a public thoroughfare) is liable, for Reshus ha'Yachid extends to the sky.

i.

That is only regarding Shabbos. A Get is not acquired this way, for a Get must be guarded, and this is not considered guarded.

79b----------------------------------------79b

3.

Rav Yehudah taught that one may not stand on a roof and collect rainwater from another roof (even if they are attached), for just like the houses below are distinct residences, the roofs are considered distinct. (One may not transfer from one Reshus ha'Yachid to a different Reshus ha'Yachid on Shabbos.)

i.

That is only regarding Shabbos. Gitin depend on the will of the husband (who lent to his wife the roof to receive the Get). A man is not so particular about on which roof she receives the Get.

(f)

(Abaye): If a woman owns an inner yard, and her husband owns an outer yard, and the walls of the outer are higher than those of the inner, and he threw a Get to her, once it (is above her Chatzer) and is lower than the outer walls, she is divorced.

(g)

Question: Why is she divorced? The Get is not guarded within the walls of her property!

(h)

Answer: The outer walls also service the inner Chatzer.

(i)

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.

(j)

Question: What is the reason?

(k)

Answer: It has not rested yet.

(l)

Question: Even after it rests, why is she divorced? This is like the Kli of the buyer in the domain of the seller!

(m)

Answer: The case is, his box has no bottom. (Her box rests on the ground.)

3)

AN OLD GET

(a)

(Mishnah - Beis Shamai): A man may divorce his wife with an old Get;

(b)

Beis Hillel forbid this.

1.

A Get is old if the couple were secluded after the Get was written.

(c)

(Gemara) Question: What do they argue about?

(d)

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 this decree.

(e)

Version #1 (R. Aba): If she remarried relying on an old Get, she may remain married.

(f)

Version #2 (R. Aba): If she was divorced with an old Get, she may remarry l'Chatchilah.

4)

FINES FOR REMARRYING WITH AN IMPROPER GET

(a)

(Mishnah): If a woman remarried relying on a Get with one of the problems listed below, she suffers the following penalties:

1.

She may not remain married to her original nor her new husband;

2.

She may not marry anyone else until she gets a proper Get from both husbands;

3.

She does not receive from either husband: a Kesuvah, Peros (the yield of her property), food, or the remnants of (Rashi; Tosfos - compensation for depreciation of) property that she brought into the marriage;

i.

If she took, she must return it;

4.

Children from either husband (after she remarried) are Mamzerim;

5.

If she dies, neither husband may become Tamei (if he is a Kohen) to engage in her burial;

6.

Neither husband receives objects she finds or her productivity;

7.

Neither can annul her vows;

8.

If she is a Bas Yisrael, she is permanently disqualified from marrying a Kohen;

9.

If she is a Bas Levi, she is disqualified from eating Ma'aser;

10.

If she is a Bas Kohen, she is disqualified from eating Terumah;

11.

Her children from either husband do not inherit her Kesuvah;

12.

If either husband died before giving her a Get, she does Chalitzah with his brother, but not Yibum.

(b)

The problematic Gitin are:

1.

The date is not according to the reign of the king of the land, rather according to the king of an improper kingdom, or of the Medes, or of the Yevanim;

2.

The year was counted from the building of the Beis ha'Mikdash or its destruction;

3.

He was in the east, but the Get says 'in the west'. He was in the west, but the Get says 'in the east.'

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