Se alguém dá um soco em sua esposa, e ela está em sua casa ou em seu pátio, ela é divorciada, [sendo escrita (Deuteronômio 24: 1): "E ele o colocará (o gesto) em sua mão". Visto que não está escrito: "E na mão dela ele a colocará", a implicação é: "E ele colocará"—em qualquer lugar, seja no pátio, no jardim ou no recinto. Isso, com a condição de que ela esteja de pé ao lado de sua casa ou de seu pátio.] Se ele o jogasse em sua casa ou em seu pátio.—mesmo que ela estivesse na cama, ela não é divorciada. (Se ele jogou) no colo ou na caixa de costura, ela é divorciada, [mesmo que estivesse na casa dele. Pois o espaço do colo e da caixa de costura adquire (objetos) para ela. Para um homem (seu marido) a inveja (para fins de aquisição) nem o espaço do colo nem da caixa de costura.]
Bartenura on Mishnah Gittin
הזורק. הרי זו מגורשת – As it is written (Deuteronomy 24:1): “…[and he writes her a bill of divorcement], hands it to her...,” and since it is not written, “and in her hand he should give it,” implying nevertheless, “and he gives,” whether in her court or in her garden or in her enclosure. And [it means] that she is standing at the side of her house or at the side of her courtyard.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Gittin
Introduction
The first three mishnayoth of this chapter discuss a husband who throws his get to his wife. While a woman need not consent to being divorced, the husband must deliver the get into her possession and make her aware of the fact that she is being divorced. These mishnayoth define what it takes to fulfill these two requirements.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Gittin
קלתה – a utensil in which women place yarn and needles/pins.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Gittin
If a husband throws a get to his wife, and she is in her house or in her courtyard, she is divorced. The Torah states that the husband “puts the get in her hand” (Deuteronomy 24:1). The rabbis expand this requirement and allow the husband to put the get into any place which is in her possession.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Gittin
הרי זו מגורשת – and even if she is inside his house, for the place of her lap and vase-shaped basket is acquired by her, for a man (i.e., husband) is not stringent regarding the place of her lap or on the place of her vase-shaped basket.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Gittin
If he throws it to her in his house or in his courtyard, even though it is with her on the same bed, she is not divorced. In this case, she is on his property and hence he cannot just throw the get at her. This is true even if the husband puts the get into her bed, if the bed belongs to the husband, she is not divorced.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Gittin
If he throws it into her lap or into her basket, she is divorced. If he puts the get into her lap or into her basket she is divorced. This is true even if she is standing on his property. Since her lap and basket belong to her, it is sufficient if he delivers the get to one of these places.
