[77a - 52 lines; 77b - 42 lines]
1)[line 1]שם לוויSHEM LEVAI- an unique appellation (i.e., "the stage" or "the platform")
2)[line 4]במטה שלהB'MITAH SHE'LAH- [if they were] in her bed [even if it is in his house]
3)[line 7]ובמטה שלה מגורשת?UV'MITAH SHELAH MEGURESHES?- and is she indeed divorced [when she was given her Get] in her bed [that is in the house of her husband]?
4)[line 8]שמעת מינה כליו של לוקח ברשות מוכר, קנה לוקחSHEMA'AS MINAH KELAV SHEL LOKE'ACH BI'RESHUS MOCHER, KANAH LOKE'ACH- let us conclude from here that if the vessel of a purchaser is lying in the domain of the seller, the purchaser can acquire [objects that are placed into his vessel] (This question is the subject of a Machlokes; see Bava Basra 85b.)
5)[line 10]מקום כרעיMEKOM KAR'EI- the space [taken up upon the ground] by the legs [of the bed]
6)[line 11]לא קפדי אינשיLO KAPDEI INSHEI- people do not mind [since it is easy to use the space underneath a bed that is raised ten Tefachim above the ground]
7)[line 14]תלויה בהTELUYAH BAH- hanging from her [such that it is not lying upon the domain of her husband]
8)[line 16]קשורהKESHURAH- tied to her
9)[line 18]מונחת לה בין ירכותיהMUNACHAS LAH BEIN YERECHOSEHA- lying between her thighs (i.e., in her lap) [the area of which already belonged to her, since no one denies another the right to sit in his domain]
10)[line 19]היה בעלה מוכר קלתותHAYAH BA'ALAH MOCHER KALASOS- her husband sold baskets [and therefore has a storage room in which he stores baskets, in which he does mind the presence of one additional basket]
11)[line 21]מקום קלתה קנוי להMAKOM KALASAH KANUY LAH- [and so too] the ground underneath her basket belongs to her (i.e., we may assume that her husband does not mind that it is there)
12)[line 25]טסקא דאכלה בה תמריTASKA D'ACHLAH BAH TAMREI- a sack from which she is eating dates
13)[line 25]כנסי שטר חוב זהKINSI SHTAR CHOV ZEH- take this bill of debt
14)[line 26]מצאתו מאחוריוMATZASO ME'ACHORAV- she found [the Get] behind him (i.e., she saw that he was carrying it upon his back)
15)[line 27]הא גיטיךHA GITECH- "this is your Get [that I intend to divorce you with]"
16)[line 27]ניעורהNE'ORAH- she woke up
17)[line 28]מאי הוי?MAI HAVEI?- what of it [in the case of our Mishnah in which she found her Get behind her husband]?
18)[line 28]טלי גיטיך מעל גבי קרקעTELI GITECH ME'AL GABEI KARKA
(a)A Get (bill of divorce) must be given by the husband to his wife (Devarim 24:1). The verse states that he must place it in her hand ("v'Nasan b'Yadah"). From this terminology Rava derives that if he were to instruct her, "Pick up your Get from the ground" ("Teli Gitech me'Al Gabei Karka"), she is not divorced.
19)[line 30]שלפתו מאחוריוSHALAFTO ME'ACHORAV- she pulled it out [from where it was wedged between his belt and his waist] from behind him
20)[line 31]ערק לה חרציהARAK LAH CHARTZEI- a) he inclined his middle toward her [thereby making it easier for her to take the Get from his belt] (RASHI); b) according to the Girsa ADIK LAH CHARTZEI - he contracted his middle [thereby loosening the Get that was wedged between his belt and his waist, making it easier for her to take the Get] (RABEINU CHANANEL, cited by the ARUCH)
21)[line 33]יטלנו הימנהYITLENU HEIMENA- he takes it [back] from her
22)[line 36]צריכאTZERICHAH- it is necessary [for the Beraisa to teach the Machlokes between Rebbi and Rebbi Shimon ben Elazar in both cases]
23)[line 37]בת איגרושי היאBAS IGRUSHEI HI- she is able to be divorced [since she is awake, and the only thing missing is the notification that she has received her Get]
24)[line 39]בהא קאמר ר' שמעון בן אלעזרB'HA KA'AMAR REBBI SHIMON BEN ELAZAR- in that [case in which she was sleeping and not able to be divorced] Rebbi Shimon ben Elazar said [that she is not divorced until he re-gives the Get]
25)[line 42]חצר מהלכת היאCHATZER MEHALECHES HI (KINYAN CHATZER)
(a)One who wishes to acquire an object must perform a Ma'aseh Kinyan - an action that effects the acquisition. Which actions serve as Halachically valid Kinyanim depend on the type of object being acquired.
(b)Metaltelin (mobile objects) may be acquired through one of the following actions:
1.HAGBAHAH - lifting;
2.MESHICHAH - lit. pulling, which includes causing the object to move in any way;
3.CHATZER - having the object contained within one's domain.
(c)For the Kinyan of Chatzer to take effect, the domain must be stationary. A Chatzer Mehaleches (moving domain) is not effective in acquiring objects due to its transient nature. Therefore, although one's slave may be considered his domain, an item placed upon or held by the slave cannot be acquired through Kinyan Chatzer.
26)[line 44]והלכתא בכפותV'HILCHESA B'KAFUS- and the conclusion is [that the case in which Rava ruled that she is divorced is one in which the slave] was bound [and therefore unable to move]
27)[line 44]רשות הרביםRESHUS HA'RABIM- a public domain [in which neither of them can acquire mobile objects through Kinyan Chatzer]
28)[line 45]מגורשת ואינה מגורשתMEGURESHES V'EINAH MEGURESHES- she is divorced and she is not divorced; i.e., it is unclear whether or not she is divorced (and she therefore requires another Get, and must perform Chalitzah without the possibility of Yibum (see below, entry #51) if her husband dies childless)
29)[line 46]לענין קדושיןL'INYAN KIDUSHIN- regarding [money or a document thrown to a woman in a Reshus ha'Rabim in order] to betroth her (see Background to 77:26)
30)[line 46]אמר לו בעל חובוAMAR LO BA'AL CHOVO- if a lender says to [a borrower]
31)[line 46]זרקו לוZARKO LO- he threw it to him [and it was subsequently lost]
32)[line 49]ארבע אמות שלהARBA AMOS SHE'LAH - in the four Amos around her (which she can use to acquire objects for herself) (ARBA AMOS SHEL ADAM KONOS LO B'CHOL MAKOM)
(a)One who wishes to acquire an object must perform a Ma'aseh Kinyan - an action that effects the acquisition. Which actions serve as Halachically valid Kinyanim depend on the type of object being acquired.
(b)Metaltelin (mobile objects) may be acquired through one of the following actions:
1.HAGBAHAH - lifting;
2.MESHICHAH - lit. pulling, which includes causing the object to move in any way;
3.CHATZER - having the object contained within one's domain (see 77a).
(c)The Chachamim added an additional form of Kinyan Chatzer in which the four Amos surrounding a person (his "place") acquire ownerless objects lying within them. The Chachamim instituted such a Kinyan in order to prevent people from fighting over a lost item that they both claim to have picked up first (Bava Metzia 9b). They similarly instituted a Kinyan of Arba Amos for a woman to acquire her Get in order to make it easier for her to be divorced, lest she become an Agunah (a woman who is bereft of her husband with no Get) (see Insights as well as Tosfos to Bava Metzia 10a DH Arba Amos).
(d)Certain Amora'im maintain that this enactment of Arba Amos does not apply to one standing in another's field. It would therefore not help poor people from claiming Pe'ah (see Background to 59:56), for example. Other Amora'im maintain that the Kinyan of Arba Amos does not apply in a Reshus ha'Rabim (a public domain), since there are too many people crowded closely together. The Kinyan of Arba Amos certainly applies in a Simta (alleyway) and in Tzidei Reshus ha'Rabim (the less-traveled sides of a Reshus ha'Rabim) (Bava Metzia 10b). When two people stand within the same Arba Amos, he who arrived first is able to utilize them as his Chatzer (Gitin 78a).
(e)See the Mishnah on Eruvin 45a and Insights to Eruvin 51:1 regarding the way in which the Arba Amos surrounding a person are measured.
33)[line 51]וליחזי הי מינייהו קדיםV'LEICHZEI HAI MINAIHU KADIM- let us see who has arrived first [since he controls the joint Arba Amos for the purposes of acquisition]
34)[last line]אי אפשר לצמצםIY EFSHAR L'TZAMTZEM (EFSHAR L'TZAMTZEM / IY EFSHAR L'TZAMTZEM - Whether or Not it is Possible for Two Natural Events to Occur Simultaneously)
Tana'im disagree as to whether or not it is possible for unplanned events to occur simultaneously. Rebbi Eliezer (Mishnah, Sotah 45b and Gemara ibid.) maintains that such is indeed possible. The Rabanan who disagree are of the opinion that Iy Efshar l'Tzamtzem. In our Gemara, this means that either the husband or his wife arrived before the other; it is simply beyond our ability to measure such fine detail.
35)[last line]ח' אמות מצומצמותSHEMONAH AMOS METZUMTZAMOS- [a case in which they are] exactly eight Amos [apart]
78b----------------------------------------78b
36)[line 1]גט יוצא מארבע אמות שלו לד' אמות שלהGET YOTZEI ME'ARBA AMOS SHE'LO L'ARBA AMOS SHE'LAH- the Get is going from his four Amos into her Four Amos; i.e., it is lying across the line where his Arba Amos end and hers begin
37)[line 2]הא אגיד גביה!HA AGID GABEI!- lit. it is still pulled toward him!; i.e., [the Get] is still in his domain [since it has not fully left his four Amos, in which case he has not given it to his wife]!
38)[line 3]שתי כיתי עדיםSHTEI KITEI EDIM- two sets of [two] witnesses [each]
39)[line 13]אמרוהAMRUHA- they related [the explanation of Rebbi Yonason]
40)[line 14]הכיHACHI- as such; i.e., as the Gemara related it earlier
41)[line 14]אמרAMAR- [Rebbi Yochanan] said
42)[line 14]ידעין חברין בבלאי לפרושי כי האי טעמאYAD'IN CHAVRIN BAVLA'EI LIFRUSHEI KI HAI TAIMA- our Babylonian colleagues (i.e., Rebbi Yonasan, who moved from Bavel to Eretz Yisrael) [indeed] know how to interpret [the Mishnah] using this logic
43)[line 15]תניא נמי הכיTANYA NAMI HACHI- we learned a Beraisa that supports this [idea that the "proximity to the Get" of our Mishnah refers to the ability to guard it]
44)[line 16]כל שהוא קרוב לה מלוKOL SHE'HU KAROV LAH MI'LO- as long as it closer to her than it is to him
45)[line 17]אינה מגורשת?! כל היכי תינטריה ותיזיל?EINAH MEGURESHES?! KOL HEICHI TINTEREI V'SEIZIL?- She is not divorced?! Must she continue to guard [the Get] for all time?
46)[line 20]היא אינה יכולה לשומרוHI EINAH YECHOLAH L'SHOMRO- she is unable to guard it (e.g., she is blocked by a river or other obstruction)
47)[line 21]שיננא!SHINENA!- well-learned person!
48)[line 21]כדי שתשוח ותטלנוKEDEI SHE'TASHU'ACH V'SITLENU- [the Get must be close enough to her] that she is able to bend down and take it
49)[line 22]את לא תעביד עובדא עד דמטי גיטא לידהAT LO SA'AVID UVDA AD D'MATEI GITA L'YADAH- you should not rule [that she is divorced] until the Get has [actually] reached her hand [for fear that people will draw erroneous conclusions regarding how far away the Get may be in a case that she is divorced]
50)[line 24]הוה עובדא הכיHAVAH UVDAH HACHI- there was a case in which [her husband threw her a Get in Reshus ha'Rabim and it was closer to her than it was to him, but she had not yet actually picked it up before he died childless]
51)[line 24]חליצהCHALITZAH (YIBUM / CHALITZAH)
(a)Should a married man die without children, his widow is not then free to marry whomever she pleases. The brothers of her deceased husband have a Mitzvah to perform Yibum (levirate marriage); that is, they are obligated to marry her (Devarim 25:5-10). If the deceased has more than one brother, the oldest brother is offered the Mitzvah of Yibum first (Yevamos 24a).
(b)If the brother(s) does not wish to carry out this Mitzvah, he must perform Chalitzah. This is a procedure in Beis Din which dissolves the ties binding the widow to her brother(s)-in-law (known as "Zikah"), thus allowing her to marry anyone else. One of the brothers must appear together with his widowed sister-in-law before a Beis Din of three and state, "I do not wish to marry her." His sister-in-law then approaches him, removes his right sandal, and spits on the ground in front of him. She then declares, "This is what shall be done to the man who will not build his brother's family." After this she is free to marry whomever she wants.
(c)In the case of our Gemara, Rav Ashi did not allow Yibum, since she was truly divorced mid'Oraisa. He required Chalitzah, however, so that no one would assume that she was divorced and possibly rule erroneously in a later, similar, case that the woman was divorced when the Get was really too far away.
52a)[line 25]לגיטין אמרוL'GITIN AMRU- regarding divorce they said [that a woman acquires her Get when it is closer to her than it is to him, since her compliance is unnecessary for the divorce to be effective]
b)[line 26]ולא לדבר אחרV'LO L'DAVAR ACHER- but not regarding anything else [such as one who throws a debt to his creditor]
53)[line 28]"וְיָצְאָה [מִבֵּיתוֹ, וְהָלְכָה] וְהָיְתָה [לְאִישׁ אַחֵר]""V'YATZ'AH... V'HAYESAH..." - (Devarim 24:2) - (HEKESH)
(a)One of the methods employed by Chazal when determining Halachah from the verses of the Torah is "Hekesh." A Hekesh entails comparing two subjects that are mentioned together in a verse.
(b)A Hekesh is a powerful way of determining Halachah. When two subjects are compared through a Hekesh, all possible parallels are drawn between them, unless a different Derashah teaches us otherwise ("Ein Hekesh l'Mechetzah"). Additionally, Pirchos (logical differences) that would impede a Kal va'Chomer (see Background to Avodah Zarah 46:22) or a Gezeirah Shavah (see Background to Yevamos 70:26) do not stand in the way of learning one subject from another through a Hekesh ("Ein Meshivin Al ha'Hekesh").
(c)The verse states "And if she shall go out of his house, and go and marry another..." (Devarim 24:2). From that which divorce ("v'Yatz'ah") and marriage ("v'Hayesah") are mentioned together in the verse, we derive through a Hekesh that their Halachos are comparable unless specified otherwise.
54)[line 32]ותיפטרV'TIPATER- and be absolved [of the loan even before I have received the money]
55)[line 34]בתורת גיטיןB'TORAS GITIN- [and you will be absolved of the loan if you get it to me] in such a way that a woman would be divorced if her husband had thrown her a Get in such a manner
56)[line 35]משטה אני בךMESHATEH ANI BACH- "I was misleading you"; i.e., I was not serious
57)[line 36]משיחהMESHICHAH- a string (O.F. linoel - a linen thread) [attached to the Get]
58)[line 36]אם יכול לנתקו ולהביאו אצלוIM YACHOL L'NATKO UL'HAVI'O ETZLO- if he is able to snatch [the Get] and bring it [back] to him [even if he does not do so]
59)[line 37]כריתותKERISUS - Severance
(a)One who wishes to divorce his wife must present her with a "Sefer Kerisus" (lit. document of severance) (Devarim 24:1). In the language of Chazal, this document is called a Get (pl. Gitin).
(b)The implication of the word "Kerisus" is that the divorce must sever completely all ties between husband and wife. Should the husband introduce an open-ended retroactive stipulation into the Get that requires that she act in a certain manner for the Get to remain valid, she is not divorced. This is because she is still tied to him for the rest of her life through the fulfillment of the condition that allows her to remain divorced. Similarly, if he is able to forcibly draw back a Get that he has given her, he has not delivered a "document of severance."
60)[line 38]כקטפרסK'KATAFRAS- like a slope [in that her fingers point toward the ground at an angle]
61)[line 39]בדלא נחBED'LO NACH- [the case is one] in which [the Get] never rested [but was rather burned or otherwise destroyed before it hit the ground]
62)[line 40]אויראAVIRA- the airspace
63)[line 40]תפשוטTIFSHOT- let us settle the question
64)[last line]מעיקרא לאיבוד קאיME'IKARA L'IBUD KA'I- from [the time that it touched her hand] it was destined to be destroyed