Overview
Chapter 5 explains the Torah requirement:
â€ś×•× ×Ş×ź 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 â€ś×•× ×Ş×ź 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.