📖 Daily Rambam (1 Chapter) Hilchot Gerushin Chapter 5: Delivery of the Get (Nesinah), the Wife’s Domain, and Acquisition of Divorce

Author: Rabbi Yaakov GoldsteinPublished: September 26, 2026

Overview Chapter 5 explains the Torah requirement: “ונתן בידה” – “He shall place it in her hand.” The Rambam explains that “her hand” includes not only her actual hand, but any domain that halachically belongs to her. The chapter discusses: Delivery into her hand, courtyard, or agent Throwing a Get

Overview

Chapter 5 explains the Torah requirement:

“ונתן בידה” – “He shall place it in her hand.”

The Rambam explains that “her hand” includes not only her actual hand, but any domain that halachically belongs to her.

The chapter discusses:

  • Delivery into her hand, courtyard, or agent
  • Throwing a Get
  • When a Get enters her domain
  • Four amot
  • Delivery through a slave or property
  • Cases of doubt when the Get is between husband and wife

The central theme is:

A Get takes effect when it enters a place halachically considered the wife’s possession.

 

Halachah 1

“Her Hand” Means Her Domain

A woman is divorced when the Get reaches:

  • Her hand
  • Her lap
  • Her courtyard
  • Her agent

Whether the property is:

  • Owned
  • Rented
  • Borrowed

it is considered her domain.

 

Halachah 2

Get Thrown into Her Courtyard

If a husband throws the Get into her courtyard:

If she is standing near the courtyard:

She is divorced.

If she is not there:

She is not divorced.

Since divorce is a disadvantage, her courtyard cannot acquire the Get for her unless she is present.

 

Halachah 3

Wife on Roof, Husband Below

If she is on her roof and he throws the Get upward:

Once the Get reaches:

  • The airspace of the roof enclosure, or
  • Within three tefachim of the roof

she is divorced.

However:

If it burns or is erased before it comes to rest,

She is not divorced.

The Get must be capable of landing.

 

Halachah 4

Husband on Roof, Wife Below

If he stands on his roof and she stands in her courtyard below:

As soon as the Get leaves his domain and enters hers:

She is divorced.

 

Halachah 5

Thrown into Fire or Water

If the husband throws the Get directly:

  • Into fire
  • Into water

within her domain,

and it is immediately destroyed,

She is not divorced.

If it first landed validly and only afterward was destroyed:

She is divorced.

 

Halachah 6

Suspended Objects

If the Get lands on top of:

  • A reed
  • A spear

standing in her property,

it is not sufficient.

The Get must come to rest in a protected place.

 

Halachah 7

Two Baskets

If:

  • The inner basket belongs to her.
  • The outer basket belongs to him.

The Get must come to rest properly inside her basket.

Merely passing through its airspace is insufficient.

 

Halachah 8

Wife Inside Husband’s House

If she is standing in her husband’s house:

The Get does not take effect merely by entering the house.

It must reach:

  • Her hand, or
  • Her personal container

that the husband does not care about.

Likewise, if it lands on her bed that has its own halachic domain:

She is divorced.

 

Halachah 9

Husband Lends Her Space

If he lends her a place in his courtyard and throws the Get into her four amot:

She is divorced.

A large structure or distinct area may constitute a separate domain and prevent acquisition.

 

Halachah 10

Passing Through Her Domain

If the Get merely passes through her property and exits without stopping:

She is not divorced.

It must come to rest.

 

Halachah 11

Neighboring Roof

If the Get lands on a nearby roof that she can easily reach and take from where she stands:

She is divorced.

People are not particular about such minimal separations.

 

Halachah 12

Falling from Her Hand

If the Get lands on her inclined hand and then falls:

If it comes to rest within her four amot:

She is divorced.

If it falls immediately into water or fire:

She is not divorced.

Halachah 13

Get Thrown in Public Domain

If the Get is thrown in a public area:

Closer to him

Not divorced.

Exactly in between

Safek Gerushin.

Closer to her

Still not ideal.

The best case remains actual receipt into her hand.

 

Halachah 14

Defining “Closer”

Closer to him

He can guard it and she cannot.

Halfway

Both can guard it, or neither can guard it.

These situations create doubt.

 

Halachah 15

Four Amot of Husband and Wife

If he arrived first and the Get lands in his four amot:

She is not divorced.

If she established her area first:

There may be a rabbinic concern even when it lands between them.

 

Halachah 16

Get Attached by a String

If the Get remains tied to him:

And he can pull it back,

She is not divorced.

If he can no longer retrieve it:

She is divorced.

 

Halachah 17

Delivery Through Her Slave

If the Get is placed into the hand of her slave:

Slave tied up

Valid.

Slave walking freely

Invalid.

The slave must function like a stationary courtyard.

 

Halachah 18

Giving Her the Slave or Property

If a husband:

  • Places the Get into a slave’s hand and gives her the slave, or
  • Places the Get in a courtyard and gives her the courtyard,

then:

Acquisition of the slave or property simultaneously acquires the Get.

This is a valid divorce.

 

Key Principles of Chapter 5

Halachah Summary
1 Her hand includes her domain and agent
2 Courtyard acquires only when she is present
3 Get entering her roof may divorce her
4 Entry into her domain completes divorce
5 Get must survive long enough to be received
6 Must rest in a protected place
7 Airspace alone often insufficient
8 Husband’s house does not automatically acquire for her
9 Four amot can acquire a Get
10 Passing through does not work
11 Easily reachable roof can work
12 Falling from her hand may still be valid
13 Public-domain throws create doubts
14 Ability to guard determines status
15 Four-amot rules affect acquisition
16 String attached to husband may invalidate
17 Bound slave can receive a Get
18 Acquiring slave or property acquires the Get

 

Chapter Theme

Chapter 5 explains the practical meaning of “ונתן בידה.” The Torah does not require that the Get literally be placed into her physical hand. Rather, any area legally considered her possession, such as her courtyard, agent, personal vessel, bed, slave, or acquired property, can receive the Get on her behalf and complete the divorce.

 

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