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Why does Rashi (רש"י) explain the Gemara (גמרא)'s kinyan mechanism as kinyan agav rather than kinyan chatzer? The shiur resolves the Ran's two challenges to Rashi—that agav doesn't require the get to be on the specific land, and that it's not nosen beyado—by distinguishing ownership transfer in karka from possession transfer in metaltelin. Rashi holds both ownership and nosen beyado are required for get.
The shiur analyzes a fundamental dispute between Rashi (רש"י) and the Ran on Gittin 77b regarding the kinyan mechanism when a get is placed on land that is simultaneously transferred to the woman. Rashi explains the kinyan as kinyan agav—acquiring the land together with the get. The Ran raises two objections to Rashi's approach: First, if it's kinyan agav, why does the Gemara (גמרא) require that specifically the land under the get be transferred? Kinyan agav normally allows metaltelin anywhere to be acquired along with karka. Second, kinyan agav is not nosen beyado—the get is not physically handed to the woman, which is a requirement for a valid get. The shiur begins by examining why Rashi didn't explain the kinyan as kinyan chatzer. The Gemara in daf 21a clearly establishes that kinyan chatzer works for get, so why didn't Rashi apply it here? The answer requires understanding the Gemara on 21a: there, the kinyan works only when the husband actively transfers the chatzer to the woman through a shtar (deed), making him the mekane (transferor). In our case on 77b, the woman acquires the chatzer by opening and closing the door—she is performing the kinyan action herself, while the husband does nothing. This would not constitute nosen beyado according to Rashi, because the husband is not transferring anything; she is taking it herself.
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Gittin 77b
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