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GITIN 78

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SUMMARY

If the husband throws a Get on his bed, it is not a Get but if he throws the Get on the bed of his wife even though it is in his house she is divorced. (1)
 
If the husband throws the Get into her lap or her basket even though it is in his house she is divorced. (2)
 
R. Yochanan says that the place of her lap and her basket belong to the woman because the husband is not Makpid on these places.
 
If the husband gives a Get to his wife and he says take this Shtar Chov or she pulls it out from his back, it is not a Get until he says 'this is your Get'. (3)
 
R. Shimon Ben Eliezer says that he must take it back, give it again, and say 'this is your Get'.
 
If the husband gives a Get to his wife while she is sleeping it is not a Get until she wakes up and he says 'this is your Get'.
 
R. Shimon Ben Eliezer says that he must take it back, give it again, and say 'this is your Get'.
 
If a wife picks up her Get from the ground it is not a Get.
 
If a husband places the Get of his wife in the hands of her servant if he is tied up it is a Get.
 
A movable Chatzer is not Koneh even while it is stationary.
 
If a wife is standing in the Reshus ha'Rabim and the husband throws the Get and it lands closer to her she is divorced, if it lands closer to him she is not divorced, if it is half and half she is Safek Megureshes.
 
If a Kidushin or a Chov is thrown in the Reshus ha'Rabim the same Dinim will apply.
 
Rav says that closer to her means within her four Amos and closer to him is within his four Amos and half and half is that two witnesses testify that it landed closer to him and two witnesses testify that it landed closer to her. (4)
 
If they are both standing within four Amos of the Get if the wife entered the four Amos first she is divorced.
 
If the husband gives a Get to his wife in such a way that the Get remains partially in his Reshus it is not a Get.
 
R. Yochanan holds that if the Get is thrown towards the wife, if only she is close enough to guard it she is divorced, if only he is close enough to guard it she is not divorced, if they both are close enough or both aren't close enough it is a Safek Get.
 
Shmuel holds that if the Get is thrown towards the wife if she is close enough to bend down and pick it up she is divorced, however Shmuel told Rav Yehudah not to allow her to get remarried unless the Get was placed in her hands. (5)
 
If there is a string attached to the Get and the husband gives the Get to the wife but it is possible for him to pull at the string and bring the Get back she is not divorced. (6)
 
If the hand of the wife is on an incline and it is outstretched over a stream if the Get is thrown to her she is not divorced it is not a Get. (7)
 
It is a question to R. Elazar if the airspace of four Amos is Koneh.

A BIT MORE

1. The case is that her bed is ten Tefachim off the ground and is therefore a separate Reshus and the husband is not Makpid on the place of the legs of the bed.
 
2. Shmuel says that the basket was suspended in the air and therefore she is Koneh whatever is placed into the basket, Reish Lakish says that the basket is tied to her and she is Koneh even if it is not suspended in the air, Rav Ada Bar Ahavah says that the basket is between her hips, Rav Mesharshiya says that her husband sells baskets and therefore he is not Makpid on the place of the basket.
 
3. When she pulls it out from his back he must bend towards her because otherwise it is not a Nesinah.
 
4. A person is Koneh anything that is within his four Amos in Reshus ha'Rabim.
 
5. Because of a Gezeirah that people may think the Get was close enough to her when it reality it was not
 
6. Because when the husband gives the Get there must be a Kerisus (cutting off) and since he could pull the Get back it is not a Kerisus.
 
7. IF HER HAND IS NOT OUTSTRETCHED OVER A STREAM WHEN THE GET FALLS WITHIN HER FOUR AMOS SHE IS DIVORCED.

BRIEF INSIGHT

STRINGS ATTACHED
 
If there is a string attached to the Get and the husband gives the Get to the wife but it is possible for him to pull at the string and bring the Get back she is not divorced. Tosfos says that if her hand was not clenched when he put the Get into her hands and after the Nesinah she clenched her hand and now he is unable to pull the Get back she is not divorced. Since at the time of the Nesinah he was able to pull it back when she clenched her hand after the Nesinah it is akin to picking the Get off the ground since the act is being done by her, not by him, it is not a Get. If her hand is clenched at the time that the Get is placed in her hand and he stuffs the Get into her hand until the point that it is no longer possible for him to pull it back she is divorced.

QUICK HALACHAH

ON AN INCLINE
 
If her hand was on an incline and the Get was thrown towards her hand and it fell to the ground if it fell within her four Amos and it landed on the ground she is divorced. If it fell into the sea or into a fire she is not divorced. But that is only if she was standing next to the sea or the fire so when it was thrown it was being thrown towards its destruction. (Rambam Hilchos Gerushin 5:16)

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