Traité Gittin

Traduction française en préparation — version anglaise (Steinsaltz) : a modifier, meaning that this board is not referred to by a unique name. But if it has a modifier, even though it is not ten handbreadths higher than the courtyard, and even though the board did not have an area of four cubits, it is still considered to be a separate domain, and it would therefore not be an effective divorce.

Traduction française en préparation — version anglaise (Steinsaltz) : § It was taught in the mishna that if he throws a bill of divorce to his wife while she is in his house, she is not divorced, even if the bill of divorce is with her in the bed, i.e., he throws it onto the bed in which she is sitting or lying. Rava says: They taught this only in a case where he throws the bill of divorce to her and it is with her in his bed. But if he throws the bill of divorce to her and it is with her in her bed, then she is divorced.

Traduction française en préparation — version anglaise (Steinsaltz) : This is also taught in a baraita: Rabbi Eliezer says: If he throws the bill of divorce to her when she is in his bed, she is not divorced; if he throws it to her when she is in her bed, she is divorced.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: And if he throws the bill of divorce to her in her bed, is she divorced? But the bed is like vessels of a buyer that are in the domain of the seller, since the bed that belongs to her is in the house of the husband. Can you conclude from here that even if the vessels of a buyer are in the domain of the seller, the buyer acquires anything that is deposited into his vessels? This issue is disputed elsewhere. Some hold that when a vessel of the buyer is in the domain of the seller, the vessel cannot serve to acquire an item on behalf of the buyer.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara answers: No, it is necessary to state this halakha in a case where the bed is ten handbreadths high, as then the bed is considered to be its own domain. The Gemara challenges this: But there is the place on which the legs of the bed are standing; the legs are standing in the husband’s domain. The Gemara answers: People are not particular about the place of the legs of the bed since it is so small. Therefore, since the bed is considered to be its own domain, it is not considered to be within the domain of the husband.

Traduction française en préparation — version anglaise (Steinsaltz) : § It was taught in the mishna that if the husband threw the bill of divorce into her lap, or into her basket, then she is divorced, even if she is in her husband’s house at that time. The Gemara asks: Why is she divorced? Is this not like a case of the vessels of a buyer that are in the domain of the seller, with regard to which there is a dispute concerning whether the vessels can serve to acquire an item on the buyer’s behalf?

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Yehuda says that Shmuel says: The mishna is referring to a case where her basket was hanging from her body, and therefore it is not considered to be within the domain of the husband. And so Rabbi Elazar says that Rabbi Oshaya says: The mishna is referring to a case where her basket was hanging from her body. And Rabbi Shimon ben Lakish says: If it was tied to her then that is enough, even though it is not hanging from her body.

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Adda bar Ahava says: The mishna is referring to a case where her basket was placed between her thighs and is therefore in the place where she is sitting, and since her husband is not particular about the place in which she is sitting, it is considered her domain. Rav Mesharshiyya bar Rav Dimi says: The mishna is referring to a case where her husband was a basket seller, and therefore is not particular about the place where the basket is since his whole courtyard is full of baskets, and it is therefore considered to be her domain.

Traduction française en préparation — version anglaise (Steinsaltz) : Rabbi Yoḥanan says: There is no need for these explanations, since the place of her lap belongs to her, and the place of her basket belongs to her. Rava said: What is the reasoning of Rabbi Yoḥanan’s statement? Because a person is not particular, not about the place of his wife’s lap, nor about the place of her basket, it is as though he transferred ownership of the place to her for her use.

Traduction française en préparation — version anglaise (Steinsaltz) : This is also taught in a baraita: If he threw the bill of divorce to her into her lap, or into her basket, or into anything that is like her basket, then she is divorced.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara analyzes the wording of the baraita: What is included by the expansive term: Anything that is like her basket? It serves to include the basket [taska] from which she eats dates, as he is not particular about its place as well.

Traduction française en préparation — version anglaise (Steinsaltz) : MISHNA: If he said to his wife: Take this promissory note, and it was a bill of divorce, or she found it behind him and he did not tell her what it was but she reads what is written in it and discovers that it is her bill of divorce, it is not a valid bill of divorce until he says to her: This is your bill of divorce.