Soncino English Talmud
Gittin
Daf 77b
I do not care to avail myself of the regulation of the Sages, in a case like this he is allowed to have his way. What did he mean by 'in a case like this'? — He was referring to the case mentioned by R. Huna in the name of Rab; for R. Huna said in the name of Rab, A woman is at liberty to say to her husband, You need not maintain me and I will not work for you. Raba said: Does not her hand also belong to her husband? The fact is that her hand and her Get become hers simultaneously. So also her courtyard and her Get become hers simultaneously. Said Rabina to R. Ashi: Can Raba have found any difficulty about the woman's hand? Granted that the husband owns the labour of her hands, does he own the hand itself? — He replied: Raba's difficulty was [really] with the hand of a slave. For on the view of the authority who holds that a slave may acquire his freedom by means of a document which he receives himself, [we may ask,] how can this be, seeing that the hand of the slave is like that of the master? Only we must suppose that his hand and his deed of emancipation become his simultaneously. So here, her Get and her courtyard become hers simultaneously. A certain man who was lying very ill wrote a Get for his wife on the eve of the Sabbath and had not time to give it to her [before Sabbath]. On the next day his condition became critical. Raba was consulted, and he said: Go and tell him to make over to her the place where the Get is, and let her go and close and open a door there and so take formal possession of it, as we have learnt: 'If one does anything in the way of locking up or fencing or breaking open, this constitutes formal occupation.' Said R. 'Ilish to Raba: But whatever a woman acquires belongs to her husband? — He was nonplussed. Eventually it transpired that she was only betrothed. Thereupon Raba said: If this rule was laid down for a married woman, is it to apply to a betrothed woman? Later Raba corrected himself and said: No matter whether she is married or betrothed, her Get and her courtyard become hers simultaneously. But this is just what Raba said? — When he did say it first, it was in connection with this incident. WHILE SHE IS IN HER HOUSE. 'Ulla said: That is so, provided she is standing by the side of her house or by the side of her courtyard. R. Oshaia said: She may even be in Tiberias and her courtyard in Sepphoris or she may be in Sepphoris and her courtyard in Tiberias; she is still divorced. But it says. WHILE SHE IS IN HER HOUSE OR IN HER COURTYARD? — What it means is, While she is virtually in her own house or in her own courtyard on account of the fact that the courtyard is being kept [for her] with her knowledge and consent, and therefore she is divorced. May we say that the point at issue between them is this, that the one authority ['Ulla] holds that [the rule about] a courtyard is derived from 'her hand', and the other from its being regarded as analogous to her agent? — No; both are agreed that the [rule about] a courtyard is derived from 'her hand'. One, however, interprets the analogy thus: just as her hand is close to her, so her courtyard must be close to her. And the other? — He will rejoin: Since her hand is attached to her, has her courtyard also to be attached to her? But [you must say] it is like her hand in this sense. Just as her hand is kept for her with her knowledge, so her courtyard must be kept for her with her knowledge, and what we exclude therefore is a courtyard which is kept for her [even] without her knowledge. A certain man threw a Get to his wife as she was standing in a courtyard and it went and fell on a block of wood. R. Joseph thereupon said: We have to see. If the block was four cubits by four, it forms a separate domain, but if not, it is one with the courtyard. What case are we dealing with? Are we to say that the courtyard is hers? If so, what does it matter if the block is four cubits by four? Is the courtyard his? Then if it is not four by four what does it matter? — [R. Joseph's ruling] applies where he lent her the place, since men will usually lend one place but not two places. Further, we do not say [that it is one with the court] save only if it is not ten handbreadths high; but if it is ten handbreadths high, we do not say so, even if it is not four cubits by four. Nor even so do we say that it is included save only if it has no
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