Gittin 158

The third is the rule laid down by Rab Judah in the name of Samuel; A man should not stand on one roof and gather rain water from his neighbour's roof, because just as dwellings are distinct below so they are distinct above. This applies to Sabbath, but in regard to a Get the decisive factor is whether the owner is particular, and to this extent men are not particular.<span class="x" onmousemove="('comment',' And if he lends her one roof for receiving the Get, this is held to include the next adjoining to it. ');">¹</span>

Abaye said: If there are two courtyards one within the other, the inner one belonging to her and the outer one to him, and the outer partitions are higher than the inner ones, if he throws it to her, as soon as it reaches the air-space of the partitions of the outer one she is divorced, the reason being that the inner one itself is protected by the partitions of the outer one. The same, however, does not hold good with baskets; if there were two baskets one inside the other, the inner one belonging to her and the outer one to him and he threw the Get to her, even if it came into the air space of the inner one<span class="x" onmousemove="('comment',' But was then destroyed before it came to rest at the bottom of the basket. ');">²</span>

she is not divorced, the reason being that it has not come to rest.<span class="x" onmousemove="('comment',' And the sides of a basket do not afford safe keeping. ');">³</span>

And supposing even that it comes to rest, what of it? It is a case of the vessels of the purchaser in the domain of the vendor?<span class="x" onmousemove="('comment',' V. supra 782. ');">⁴</span>

— We are speaking here of a basket which has no bottom.<span class="x" onmousemove="('comment',' I.e., the outer basket has no bottom, so that the inner basket rests on the ground and is not in the husband's domain. ');">⁵</span>

<b><i>MISHNAH</i></b>. BETH SHAMMAI SAY THAT A MAN MAY DIVORCE HIS WIFE WITH AN OLD GET, BUT BETH HILLEL FORBID THIS. WHAT IS MEANT BY AN OLD GET? ONE AFTER THE WRITING OF WHICH HE WAS CLOSETED WITH HER.

<b><i>GEMARA</i></b>. What is the ground of their difference? — Beth Shammai hold that we are not to prohibit her [to marry again] out of fear that people may [afterwards] say that her Get came before her child,<span class="x" onmousemove="('comment',' Suppose he used the Get to divorce her a year or two after it was written and she had had a child from him in the meanwhile. ');">⁶</span>

whereas Beth Hillel hold that we do prohibit her for fear people will say her Get came before her child. R. Abba said in the name of Samuel: If she married [on the strength of such a Get]<span class="x" onmousemove="('comment',' Without the permission of the Beth din. ');">⁷</span>

she need not leave [the second husband]. According to another report, R. Abba said in the name of Samuel, If she was divorced [with such a Get], she has full liberty to marry again.<span class="x" onmousemove="('comment',' I.e., the Beth din do not prevent her. ');">⁸</span>

<b><i>MISHNAH</i></b>. IF THE GET WAS DATED BY A REIGN WHICH OUGHT NOT TO COUNT,<span class="x" onmousemove="('comment',' [Lit., 'unworthy'; v. the Gemara infra. Mishnayoth texts read 'another'; i.e., he dated the Get by a Government not corresponding to the country in which the Get was written.] ');">⁹</span>

BY THE EMPIRE OF MEDIA,<span class="x" onmousemove="('comment',' I.e., by the Achemenid era. ');">¹⁰</span>

BY THE EMPIRE OF GREECE,<span class="x" onmousemove="('comment',' I.e., by the Seleucid era, beginning 311 B.C., v. A.Z. (Sonc. ed.) p. 42, n. 7. ');">¹¹</span>

BY THE BUILDING OF THE TEMPLE OR BY THE DESTRUCTION OF THE TEMPLE,<span class="x" onmousemove="('comment',' [The reference is, according to Blau Ehescheidung I, p. 66, to the First Temple, since documents were dated from the destruction of the Second, v. A.Z. 92]. ');">¹²</span>

OR IF BEING IN THE EAST THE WRITER DATED IT FROM THE WEST, OR BEING IN THE WEST HE DATED IT FROM THE EAST, THE WOMAN [WHO MARRIES AGAIN ON THE STRENGTH OF IT] MUST LEAVE BOTH HUSBANDS<span class="x" onmousemove="('comment',' I.e., she must leave the second husband and cannot remarry the first. ');">¹³</span>

AND REQUIRES A GET FROM BOTH AND HAS NO CLAIM EITHER FOR A <i>KETHUBAH</i> OR FOR INCREMENT<span class="x" onmousemove="('comment',' Her 'property of plucking' (v. Gloss. s.v. Mulug); she loses the right to be redeemed from captivity, which the Sages assigned to her in lieu of such increment. ');">¹⁴</span>

OR FOR MAINTENANCE OR FOR WORN CLOTHES<span class="x" onmousemove="('comment',' From what she brought in with her dowry. ');">¹⁵</span>

FROM EITHER OF THEM: IF SHE TAKES THESE FROM EITHER OF THEM SHE MUST RETURN THEM. A CHILD BORN TO HER FROM EITHER OF THEM IS A MAMZER.<span class="x" onmousemove="('comment',' V. Glos. ');">¹⁶</span>

NEITHER OF THEM [IF A PRIEST] IS TO DEFILE HIMSELF FOR HER: NEITHER OF THEM HAS A RIGHT TO HER FINDS OR TO THE PRODUCT OF HER LABOUR, AND NEITHER CAN ANNUL HER VOWS. IF SHE IS THE DAUGHTER OF A LAY ISRAELITE SHE IS DISQUALIFIED FOR MARRYING A PRIEST.<span class="x" onmousemove="('comment',' Being regarded as a 'loose woman'. ');">¹⁷</span>