Gittin 77: She Belongs to Him BUT Her Hand Belongs to Her

Before beginning Perek VII, we learn more about the timing of conditional gittin.  As long as a husband doesn't die before the get is delivered, the get should be valid.  The rabbis discuss what should happen if a husband dies in the middle of the night, before the get comes into effect, and how long a wife should wait after the condition of time has been met in order for the get to come into effect.  Comparisons with other contracts conditional on timing ("after Shemita", etc.) are discussed.

Perek VII begins with a Mishna: if a husband throws a get to his wife within her home, it is valid.  If he throws her the get inside of his home, it is not valid.  If he throws the get into her lap or her basket, it is valid regardless of where she is situated.

The Gemara discusses the implications of Deuteronomy 24 (1-3) where we learn that the get is to be placed in a woman's hand.  Is this literal or metaphorical?  If it is metaphorical, what are the limitations of the metaphor?  A woman's hand should belong to her, even if she belongs to her husband.  The rabbis compare the actions of a divorcing couple to the actions of a thief and homeowner.  Just as a thief steals the property of a homeowner, another man could steal the property of a husband, his wife, if they are not divorced halachically.   Needless to say, this particular example is illustrative of the true status of women in the times of the Talmud.

We are reminded that it is legally binding if a woman says to her husband that she does not wish to be sustained by him and she does not wish to work for him.  In such a case she keeps her own earnings.  The rabbis are of different opinions about whether or not she continues to be responsible for the work of home and family upkeep.  Hmm.

The rabbis extend their debate regarding delivery of a get to a woman's courtyard.  Because a married woman still belongs to her husband, her courtyard could belong to her husband.  But because her hand belongs to her, her courtyard could be an extension of her hand, and thus placing the get in her courtyard could be the same as placing it in her hand.  But what if the get is thrown into her courtyard and it lands on a piece of wood?  Is the wood considered to be part of the courtyard and thus part of the wife?

When people fall into the category of property, as do women, children, slaves and others in the Talmud, it becomes difficult to determine what is within their agency.  Another good reason for abolishing the ownership of people.