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The shiur analyzes the Gemara (גמרא)'s case of karov lo (near her) and daled amos (four cubits) as mechanisms of divorce. When does a get within a woman's daled amos effect divorce? The discussion explores the tension between reshus (domain) and kinyan (acquisition), examining whether daled amos creates actual ownership or merely establishes a zone where the Chachamim validate receipt, and how this interacts with competing claims when two parties occupy the same space.
The shiur provides an intricate analysis of Gittin 78b, focusing on the Gemara (גמרא)'s discussion of when a get (bill of divorce) becomes effective through the mechanism of karov lo (being near to her). The Mishna establishes that if the get is karov lo (near her), she is divorced, but if it is karov lo (near him), she is not divorced. The central question becomes defining what "karov lo" means and how it operates. The Gemara introduces the principle that daled amos shelo (his four cubits) constitutes karov lo. Rashi (רש"י) explains that within daled amos, a person acquires ownership (konas lo). This raises fundamental questions: Does karov lo mean the woman has actually acquired the get through kinyan, or does it simply mean payment has been tendered in a halachically valid way? The shiur explores whether daled amos creates actual kinyan or merely establishes that afkinu rabanan b'kedusha minai—the Rabbis removed it from the husband's domain—without requiring full kinyan.
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Gittin 78b
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