Study Gittin folio 79B with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Text Excerpt
והא דאמר רב יהודה אמר שמואל: לא יעמוד אדם בגג זה ויקלוט מי גשמים מגגו של חבירו, שכשם שדיורין חלוקין מלמטה, כך דיורין חלוקין מלמעלה –
And the third matter relates to that which Rav Yehuda says that Shmuel says: On Shabbat a person should not stand on this roof and collect rainwater from the roof of another if there is no joining of courtyards. As just as the residences are separated below, so too, the residences are separated above. Each residence has a separate domain, and it is forbidden by rabbinic law to transfer an item from a private domain to another private domain if they are not joined. Similarly, despite the fact that the roofs are not totally separated from one another and nobody lives there, each roof is considered to be its own domain.
הני מילי לענין שבת, אבל לענין גט – משום קפידא הוא, וכולי האי לא קפדי אינשי.
Rava explains: This matter applies only with regard to Shabbat. But with regard to a bill of divorce, if it fell onto another roof that is adjacent to the roof that he lent her for the purpose of acquiring the bill of divorce, she is divorced. The reason that a woman is usually not divorced when a bill of divorce falls into a different place, even though that place also belongs to her husband, is due to the fact that a husband is particular and does not want to lend her more than one place; but people are not particular to that extent, i.e., in this case the husband would not be particular about allowing her to temporarily use an adjacent rooftop that also belongs to him.
אמר אביי: שתי חצרות זו לפנים מזו, פנימית שלה וחיצונה שלו, ומחיצות החיצונות עודפות על הפנימיות; וזרקו לה; כיון שהגיע לאויר מחיצות החיצונה – הרי זו מגורשת.
§ Abaye says: If there are two courtyards that are configured such that this courtyard is within that courtyard, and the inner courtyard is hers and the outer courtyard is his, and the partitions of the outer courtyard extend higher than the partitions of the inner courtyard, and he threw a bill of divorce to her into her courtyard, once it reaches the airspace of the partitions of the outer courtyard, i.e., it reaches the area above the inner courtyard at a height lower than the height of the partitions of the outer courtyard, she is divorced.