גיטין ח׳Gittin 8

Perek 8 of 9 in Gittin — 10 mishnayot

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Mishnah 1א׳

הַזּוֹרֵק גֵּט לְאִשְׁתּוֹ וְהִיא בְתוֹךְ בֵּיתָהּ אוֹ בְתוֹךְ חֲצֵרָהּ, הֲרֵי זוֹ מְגֹרֶשֶׁת. זְרָקוֹ לָהּ בְּתוֹךְ בֵּיתוֹ אוֹ בְתוֹךְ חֲצֵרוֹ, אֲפִלּוּ הוּא עִמָּהּ בַּמִּטָּה, אֵינָהּ מְגֹרֶשֶׁת. לְתוֹךְ חֵיקָהּ אוֹ לְתוֹךְ קַלְתָּהּ, הֲרֵי זוֹ מְגֹרָשֶׁת:

If one throws a get to his wife, and she is in her house or in her courtyard, she is divorced, [it being written (Deuteronomy 24:1): "And he shall place it (the get) in her hand." Since it is not written: "And in her hand shall he place it," the implication is: "And he shall place" — anywhere, whether in her courtyard, in her garden, or in her enclosure. This, on condition that she be standing by her house or by her courtyard.] If he threw it to her in his house or in his courtyard — even if it (the get) were with her in the bed, she is not divorced. (If he threw it) into her lap or into her sewing box, she is divorced, [even if she were in his house. For the space of her lap and of her sewing box acquires (objects) for her. For a man (her husband) begrudges her (for purposes of acquisition) neither the space of her lap nor of her sewing box.]

Mishnah 2ב׳

אָמַר לָהּ, כִּנְסִי שְׁטָר חוֹב זֶה, אוֹ שֶׁמְּצָאָתוֹ מֵאֲחוֹרָיו, קוֹרְאָה וַהֲרֵי הוּא גִטָּהּ, אֵינוֹ גֵט, עַד שֶׁיֹּאמַר לָהּ, הֵא גִטֵּךְ. נָתַן בְּיָדָהּ וְהִיא יְשֵׁנָה, נֵעוֹרָה, קוֹרְאָה וַהֲרֵי הוּא גִטָּהּ, אֵינוֹ גֵט, עַד שֶׁיֹּאמַר לָהּ הֵא זֶה גִטֵּךְ. הָיְתָה עוֹמֶדֶת בִּרְשׁוּת הָרַבִּים וּזְרָקוֹ לָהּ, קָרוֹב לָהּ, מְגֹרֶשֶׁת. קָרוֹב לוֹ, אֵינָהּ מְגֹרֶשֶׁת. מֶחֱצָה עַל מֶחֱצָה, מְגֹרֶשֶׁת וְאֵינָהּ מְגֹרָשֶׁת:

If he said to her: "Gather in this bill of debt," or if she found it behind him, [If the get were on his back, and he arched his back to her so that she should take it] — if she read it and it were her get, it is not a get until he says to her: "This is your get." [If he tells her "Take your get," however, it is a get. But if the get were on the ground, or on his back, or on his body, and he did not arch his back or project his body towards her so that she should take it, even if he said to her: "Take your get," it is not a get.] If he placed it in her hand while she were sleeping, and when she awoke, she read it and found it to be her get, it is not a get, until he says to her: "This is your get." If she were standing in the public domain and he threw it to her — if it were near her, she is divorced; if it were near him, she is not divorced; if it were "half and half," she is divorced and not divorced. [Whatever she can guard and he cannot guard is called "near her." Whatever she cannot guard and he can guard is called "near him." If both can guard it, or if both cannot guard it, this is called "half and half." As for the halachah, she is not divorced until the get enters her hand or her domain.]

Mishnah 3ג׳

וְכֵן לְעִנְיַן קִדּוּשִׁין. וְכֵן לְעִנְיַן הַחוֹב. אָמַר לוֹ בַּעַל חוֹבוֹ, זְרֹק לִי חוֹבִי, וּזְרָקוֹ לוֹ, קָרוֹב לַמַּלְוֶה, זָכָה הַלֹּוֶה. קָרוֹב לַלֹּוֶה, הַלֹּוֶה חַיָּב. מֶחֱצָה עַל מֶחֱצָה, שְׁנֵיהֶם יַחֲלֹקוּ. הָיְתָה עוֹמֶדֶת עַל רֹאשׁ הַגַּג וּזְרָקוֹ לָהּ, כֵּיוָן שֶׁהִגִּיעַ לַאֲוִיר הַגַּג, הֲרֵי זוֹ מְגֹרֶשֶׁת. הוּא מִלְמַעְלָה וְהִיא מִלְּמַטָּה וּזְרָקוֹ לָהּ, כֵּיוָן שֶׁיָּצָא מֵרְשׁוּת הַגַּג, נִמְחַק אוֹ נִשְׂרַף, הֲרֵי זוֹ מְגֹרָשֶׁת:

The same applies to betrothal, and the same applies to a debt. If one's creditor said to him: "Throw me my debt (i.e., what you owe me), and he threw it to him — (if it landed) near the creditor, the debtor is acquitted (of his debt); near the debtor, the debtor is (i.e., remains) liable; "half and half," they divide. [The gemara explains the instance to be one where he says: "Throw me my debt within (the framework of) the law of gittin" so that the debt has the status of a get. If the debtor threw it near the creditor, and it were lost, the debtor is acquitted and he need not pay; if near the debtor, the debtor is liable, etc. But if he said to him: "Throw my debt to me and be acquitted of it," once he throws it to him, in any circumstance, he is exempt. If she were standing on top of a roof and he threw it to her, once it reaches the "atmosphere" of the roof [less than three tefachim (handbreadths) from its surface, that space being regarded as part of the roof], she is divorced. If he were above, and she below, once it left the domain of the roof [i.e., once it left the domain of the roof (on which he were standing) and entered the domain in which she were standing], (even) if it were erased or burned, she is divorced. [This, where the throwing of the get into the courtyard preceded the outbreak of the fire in the courtyard. For if the latter preceded, then ab initio the get is "going to the fire," and she is not divorced.]

Mishnah 4ד׳

בֵּית שַׁמַּאי אוֹמְרִים, פּוֹטֵר אָדָם אֶת אִשְׁתּוֹ בְגֵט יָשָׁן. וּבֵית הִלֵּל אוֹסְרִין. וְאֵיזֶהוּ גֵט יָשָׁן, כֹּל שֶׁנִּתְיַחֵד עִמָּהּ אַחַר שֶׁכְּתָבוֹ לָהּ:

Beth Shammai say: A man may divorce his wife with an old get [which he wrote to divorce his wife, continuing to live with her after he wrote the get. Beth Shammai hold that we do not decree against it lest people say: "Her get preceded her son," i.e., lest a year or two pass between the writing and the giving and she have children from him in the interim and then be divorced with that get — so that people, seeing the get as antedating the birth of her son, might come to think that the get were given her at the time of writing and come to cast a blemish upon the child, saying that it was born of an unmarried woman.] Beth Hillel forbid it. Which is "an old get"? A get, after the writing of which he continued living with her. [The halachah: One may not divorce his wife with an old get. And if he divorced her and went to a different country, she may remarry by it ab initio.]

…and 6 more mishnayot in this perek.

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Mishnah, Torat Emet 357 edition, via Sefaria — public domain

English: The Mishna with Obadiah Bartenura, tr. Rabbi Shraga Silverstein, via Sefaria — CC BY