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GITIN 79

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SUMMARY

If a wife is standing on a roof and the Get is thrown to her, as soon as it reaches the airspace of the roof she is divorced. (1)
 
If the husband is standing on the roof and the Get is thrown into the courtyard as soon as it leaves the airspace of the roof she is divorced. (2)
 
Rebbe holds that if an object is thrown on Shabbos from one Reshus ha'Rabim to another with a Reshus ha'Yachid in the middle the concept of 'Kelutah Kemi she'Hunchah' applies and it is regarded as if it landed in the Reshus ha'Yachid. (3)
 
If the Get is thrown from the roof into the Chatzer if it enters the airspace of the Chatzer but it gets erased on its way up it is not a Get, if it is erased on the way down it is a Get. .
 
If the Get is thrown from the roof into the Chatzer if it enters the airspace of the Chatzer and it gets incinerated, if the fire existed prior to the throwing of the Get it is not a Get, but if the throwing of the Get was first it is a Get.
 
If the husband lends a place in his courtyard to his wife she is only Koneh one place in the Chatzer not two.
 
If a pole is inserted in the ground of a Reshus ha'Yachid and an object is thrown on the pole from a Reshus ha'Rabim on Shabbos he is Chayav for a Melachah. (4)
 
If a pole is inserted in the ground of the wife's courtyard and the Get is thrown on the pole it is not a Get if the top of the pole is above the walls of the courtyard.
 
One may not stand on his roof and catch rain water from his neighbor's roof on Shabbos if he did not make an Eruv.
 
If the husband lent his wife space on one of his roofs she also had the right to the space on the neighboring roof [that also belongs to her husband].
 
If there are two courtyards one inside the other, the wife owns the inside one and the husband owns the outside one which has higher fences than the onside one if he throws her a Get as soon as it reaches the airspace of the inner courtyard she is divorced. (5)
 
If there are two boxes one inside the other, the wife owns the inside one and the husband owns the outside one, if he throws her a Get even when it reaches the airspace of the inner box she is not divorced. (6)
 
Beis Shamai says that a Get Yashan may be used and Beis Hillel disagrees, however Beis Hillel agrees that if she remarries with a Get Yashan she may stay with her husband. (7)
 
A Get Yashan is when there is Yichud between the writing and the giving of the Get. (8)
 
If the Get was written in Bavel but it was written according to the year of Edom or Madai or Yavan or the building or destruction of the Beis ha'Mikdash the Get is Pasul. (9)
 
If the Get was written in the east and he wrote the west or vices versa the Get is Pasul and she must go out from both her first and second husband.

A BIT MORE

1. According to Shmuel the roof must have a fence because otherwise it is not a guarded Chatzer and according to Avimi even if it doesn't have a fence if the Get fell within three Tefachim of the floor of the roof it is regarded as if it was guarded since the roof is ten Tefachim off the ground.
 
2. Shmuel says that the fence surrounding the Chatzer was higher than the fence around the roof because otherwise it is not a guarded Chatzer at the point that it leaves the airspace of the roof.
 
3. The concept of 'Kelutah Kemi she'Hunchah' dictates that an object that passes through the airspace of a Reshus us regarded as if it landed there.
 
4. Because the Reshus ha'Yachid goes all of the way up to the sky
 
5. Even when the Get is above the fence of the inner courtyard she is divorced because the fences of the outer courtyard are also guarding the inside courtyard.
 
6. Because the walls of a utensil do not guard the utensil because their sole purpose if to place things
 
7. According to a second Lashon if a Get Yashan is used she may remarry even l'Chatchilah.
 
8. Beis Hillel holds that we are concerned that people may say that the Get preceded the child and the child was born out of wedlock.
 
9. THE RABANAN INSTITUTED THAT THE YEAR OF THE MALCHUS MUST BE WRITTEN ON THE GET FOR THE PURPOSE OF SHALOM MALCHUS AND IF THE YEAR OF THE WRONG MALCHUS IS WRITTEN IN THE GET IT IS PASUL AND THE RABANAN PENALIZE HER THAT IF SHE REMARRIED WITH THIS GET SHE MUST GO OUT FROM BOTH HER FIRST AND SECOND HUSBAND AND DOESN'T RECEIVE A KESUVAH OR MEZONOS OR PEROS OR BALUS (WORN OUT CLOTHING THAT SHE BROUGHT IN WITH HER DOWRY) FROM EITHER THE FIRST OR SECOND HUSBAND AND IF SHE TAKES IT SHE MUST RETURN IT.

BRIEF INSIGHT

A GET YASHAN
 
Beis Shamai says that a Get Yashan may be used because he is not concerned that people may say that the Get preceded the child and the child was born out of wedlock and Beis Hillel disagrees. Tosfos explains in the name of the Yerushalmi that Beis Shamai holds that it is forbidden for a person to divorce his wife unless he found that she was acting immorally and therefore we are not concerned that he will go into seclusion with her once the Get is written, while Beis Hillel holds that a person may divorce his wife even for the reason that she burned the food and therefore there is a concern that he will have Yichud with her after the Get is written.

QUICK HALACHAH

ONE ROOF NEXT TO THE OTHER
 
If the roof belongs to the husband and he is standing in the roof and the wife is standing on her Chatzer and he throws her a Get as soon as the Get exits the walls of the roof and reaches with the walls of the Chatzer that she is standing in she is divorced. If the Get is thrown into her Reshus into a fire and it is incinerated or into water and it is erased it is not a Get, however if the Get reaches her Reshus and afterwards a fire reaches her Reshus and incinerated the Get she is divorced. (Rambam Hilchos Gerushin 5:4, 5)

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