Talmud for Gittin 157:17

רישא בגג דידה וחצר דידיה סיפא בגג דידיה וחצר דידה

Said Rami b. Hama to Raba: Whence does the old man derive this idea? — He replied: It is from our Mishnah: If SHE WAS STANDING ON THE ROOF AND HE THREW IT TO HER, AS SOON AS THE GET REACHES THE AIR SPACE OF THE ROOF SHE IS DIVORCED. Now with what circumstances are we dealing? Are we to say that the roof is hers and the courtyard is hers? If so, why do I require even the air space of the roof? What then? His roof and his courtyard? In that case, even if it reaches the air space of the roof, what of it? Obviously therefore we must suppose the roof to be hers and the courtyard to be his. Now let us look at the next clause: IF HE WAS ABOVE AND SHE BELOW AND HE THREW IT TO HER, SO SOON AS IT LEFT THE SPACE OF THE ROOF, EVEN THOUGH THE WRITING WAS EFFACED OR IT WAS BURNT SHE IS DIVORCED. Now if the roof is hers and the courtyard his, why is she divorced? It must be therefore that the roof is his and the courtyard hers. Now can it be that the first clause speaks of where the roof is hers and the courtyard his, and the second of where the roof is his and the courtyard hers? [Hardly so;] and it must be that he lends her a place,<span class="x" onmousemove="('comment',' The roof or the courtyard as the case may be. ');"><sup>13</sup></span>

Jerusalem Talmud Shabbat

Is there no difference, whether according to his²⁵As follows from the sequel, the question is about interpreting R. Aqiba’s position, where there is a dispute between Rebbi (referred to as “he”) and the majority of the rabbis of his generation. opinion or that of the rabbis, only if it came to rest from a public domain into a private domain? In Rebbi’s opinion, even if it did not come to rest²⁶Since the airspace over a private domain belongs to that domain up to an indeterminate height, Rebbi considers the entry of an object into this airspace as valid delivery; the rabbis read the statement that “a person’s courtyard acquires for him” to refer only to the soil, not to the airspace over it. The disagreement essentially refers to matters of civil law; its applicability to the laws of the Sabbath is questioned later in the paragraph. (Šabbat 1 Note 107, Babli 4a, 5a, Giṭṭin 79a).
In the Babli (4b) it is stated that one who threw from a public domain to another over a private domain is not liable for the Sages but twice liable for Rebbi. Since the Yerushalmi does not quote this statement, it cannot be presupposed here.; in the rabbis’ opinion, only if it came to rest. For Rebbi Abba bar Ḥuna said in the name of Rav: Rebbi declared liable only for a private domain which was roofed²⁷Babli 4a/5b. An object is delivered into a courtyard only if it comes to rest on the ground. But delivery to a house is effected the moment the object is in the house since even the air in the house is considered soil. For this rule, “house” is any covered place even if it has no walls.. The word of Rebbi Joḥanan implies, even if it was not roofed, ²⁸From here on the text is copied from Giṭṭin 8:3 (ט, Notes 54–57). The topic of divorce at the end is referred to as “here”. for Rebbi Immi said in the name of Rebbi Joḥanan: Only if it descended to within the partitions²⁹This refers to the last sentence in Mishnah Giṭṭin 8:3. If the husband throws the bill of divorce from his roof to her courtyard, it is possible to say that the bill was delivered the moment it cleared the roof only if the walls of the wife’s courtyard are higher than the husband’s roof. Otherwise it would be legally delivered only if the bill fell below the level of the courtyard walls. (The same argument is quoted in Samuel’s name in the Babli, Giṭṭin 79a.). Rebbi Immi asked before Rebbi Joḥanan: Does the Mishnah follow Rebbi, since Rebbi considers partitions as solidly filled up²⁷Babli 4a/5b. An object is delivered into a courtyard only if it comes to rest on the ground. But delivery to a house is effected the moment the object is in the house since even the air in the house is considered soil. For this rule, “house” is any covered place even if it has no walls.? He said to him, it is everybody’s opinion³⁰The Babli agrees, Giṭṭin 79a, that the delivery of bills of divorce is governed by the rules of property rights, not those of the Sabbath.. Could one not object that Rebbi said, if it is roofed? And you say, it is not roofed?³¹For the rules of the Sabbath. What is the difference between bills of divorce and the Sabbath? Rebbi Ila said, about the Sabbath it is written: You shall not do any work³²Ex. 20:10.; it may make itself automatically³⁴Deut. 24:1.. But here he shall deliver into her hand³⁴Deut. 24:1., into her domain.

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