Gittin - Daf 77
- Possessing a get (or stealing) with chatzeir
The eighth Perek begins: הזורק גט לאשתו – One who throws a get to his wife, והיא בתוך ביתה או בתוך חצרה – and she was in her house, or her courtyard, הרי זו מגורשת – she is divorced when it lands in her property, even without reaching her hand. A Baraisa provides the source from a passuk: "ונתן בידה" – And he shall place [the get] in her hand, אין לי אלא ידה – I would only know placing it in her hand effects divorce. גגה חצרה וקרפיפה מנין – From where do I know that placing it in her roof, her courtyard, or her enclosure is also sufficient? תלמוד לומר "ונתן" מכל מקום – Therefore, the Torah says, “and he places,” teaching the get takes effect anywhere in her domain. Another derashah is made regarding a thief, teaching that he acquires the item (and must make double payment) not only with his hand, but also with his property. Both derashos are necessary: perhaps only a get can take effect in her chatzeir, משום דבעל כרחה מגרשה – because he can divorce her against her will, but a thief might not acquire with chatzeir. Or, perhaps only a thief acquires with chatzeir, משום דקנסיה רחמנא – because the Torah penalized him to more easily fine him double payment, but a get would not take effect in her chatzeir.
- גיטה וידה באין כאחד
The Gemara asks how a woman takes possession of a get with her chatzeir: מה שקנתה אשה קנה בעלה – Whatever the woman acquires, the husband acquires!? Since the husband retains rights in his wife’s property, the get does not fully leave his domain by entering her chatzeir. Two answers are offered. (1) The Gemara’s first answer ultimately is that the husband wrote to her, while she was an arusah (before acquiring her property with nisuin), that he waives any right to this property, and it remains fully hers. (2) Rava answers: גיטה וחצרה באין כאחד – Her get and her chatzeir come simultaneously (i.e., the possession of the get, and her exclusive ownership of her chatzeir which enables possessing the get, occur simultaneously). Although the Gemara says this principle cannot be proven from a woman possessing a get with her hand, because her hand itself always belonged to her exclusively, Rava ultimately proves it from an עבד כנעני receiving a גט שחרור with his hand. Although his hand belonged completely to the master, the גט שחרור takes effect, because גטו וידו באין כאחד – his גט שחרור and his hand’s independence to make acquisitions come simultaneously.
- Machlokes if the woman must be near her chatzeir for the get to take effect
The Mishnah taught that placing the get in her chatzeir effects divorce. Ulla says: והוא שעומדת בצד ביתה ובצד חצרה – This applies only if she is standing near her house or her chatzeir. Rebbe Oshaya says: אפילו היא בטבריא וחצרה בציפורי – Even if she is in Tiveria and her chatzeir is in Tzippori, or the reverse, she is divorced. The Gemara asks that the Mishnah clearly stated that she was “in her house,” and answers that the Mishnah means that it must be as if she is in her house: דכיון דחצר משתמרת לדעתה היא מתגרשת – that since the chatzeir is guarded according to her knowledge from its contents being taken, she is divorced. The Gemara initially explains that Ulla holds חצר משום ידה אתרבאי – possession of a get with chatzeir was included under the category of her hand, and it is only analogous to her hand if she is nearby. Rebbe Oshaya holds חצר משום שליחות אתרבאי – chatzeir was included under the category of shelichus, so it can possess the get even if she is not nearby. However, the Gemara concludes that all agree that chatzeir was included as an extension of her hand but disagree if it is sufficiently similar to her hand by being guarded under her control.
