Don’t be cruel TB Gittin 5

Both Rabba and Rabbah agree that the get needs to be certified. Rabba just adds a second qualification that the agent has to verify that the get was written for the sake of the specific man and woman. What happens if the agent doesn’t say “The bill of divorce was written and signed before me” when he delivers the get? Rabbi Meir and the Sages disagree whether this faux pas can be corrected or not on today’s daf TB Gittin 5.

“It is taught in a baraita in accordance with the opinion of Rabbi Yoḥanan, who says that it is sufficient that the agent state his declaration before an additional two people: With regard to one who brings a bill of divorce from a country overseas, and gave it to the woman but did not say to her: It was written in my presence and it was signed in my presence, and she remarries, her second husband must divorce her, and the offspring of the second marriage is a mamzer. This is the statement of Rabbi Meir.

“And the Rabbis say: The offspring is not a mamzer. How should the agent act to remedy the situation? He should return, take the bill of divorce from her, and again give it to her in the presence of two witnesses, and he should say: It was written in my presence and it was signed in my presence. Although the dispute in this baraita is referring to a different issue, it mentions incidentally that the document must be transmitted in the presence of two people, not three.” (Sefaria.org translation)

The Gemara can barely believe its ears. Is it really possible that Rabbi Meir would host such a harsh view?! “After citing the baraita the Gemara asks: And Rabbi Meir, does he maintain that merely because the agent did not say: It was written in my presence and it was signed in my presence, the second husband must divorce her and the offspring is a mamzer? Is the halakha so strict that the divorce is invalidated even if the witness actually saw the writing and signing of the bill of divorce, and simply neglected to state the declaration?

“The Gemara answers: Yes, as Rabbi Meir conforms to his own line of reasoning with regard to this issue. As Rav Hamnuna said in the name of Ulla: Rabbi Meir would say that in any case where one who deviates from the formula coined by the Sages with regard to bills of divorce, and the woman married despite this, the second husband must divorce the woman who married him on the basis of that bill of divorce, and the offspring is a mamzer.” (Sefaria.org translation) Unfortunately the answer is yes.

First of all, some rishonim mitigate the harshness of Rabbi Meir’s opinion by holding that he agrees if the agent gives the get again and say the magic formula of “The bill of divorce was written and signed before me” before the woman has remarried, the get is valid.(Tosefot) Some rishonim contend that even though the woman has remarried as long as she has not given birth, the agent can give the get again and say the magic formula, the get becomes valid. (Meiri). The Ritba takes the most lenient view saying that as long as the agent gives the woman her get again and says the magic formula she doesn’t have to leave her new husband as would be the case of an adulterous woman. Unfortunately, the child born of this marriage before the get was correctly given is still a mamzer.

Fortunately, the halakha follows the sages.

“[The following rules apply when] an agent brings a get in the diaspora and gives it to the woman in private, or gives it to her in the presence of two witnesses, but does not tell her: "It was written and signed in my presence." Even if she has married, he should take the get back from her and then give it to her in the presence of two witnesses and say: "It was written and signed in my presence." If he does not take it back from her, the divorce is unacceptable until the signatures [of the witnesses] are verified.” Rambam, Mishneh Torah, Sefer Nashim, chapter 7, Halakha 17, (Sefaria.org translation) See also: Shulkhan Arukh, Even Ha’Ezer, 142:7.

By the way, there are three ways a document can be certified. 1. The people in the document can come forward and verify that this was a true transaction. 2. Witnesses who saw the document being signed can verify the document by coming forward and testifying to that fact. 3. If there are no witnesses, a verified document with the same signatures can be brought and the signatures on both documents can be compared.