Talmud - Gittin 4b גיטין ד׳ ב׳

and these people are learned with regard to this halakha, as a bill of divorce sent from Eretz Yisrael was certainly written in the correct manner. And one Sage, the Rabbis, holds: The reason for the testimony is because there are no witnesses available to ratify it, and these witnesses who travel from Eretz Yisrael overseas are also not frequently available.

The Gemara again rejects the suggestion: One cannot prove that this issue is a dispute of the tanna’im, as Rabba resolves the different opinions in the mishna according to his line of reasoning, and Rava resolves them according to his line of reasoning. Rabba resolves them according to his line of reasoning, as follows: It may be that everyone agrees that the reason is because they are not experts in writing a bill of divorce for her sake, and here they disagree with regard to a decree applied in the case of one who delivers a bill of divorce to Eretz Yisrael due to the concern that it will be confused with the case of one who brings a bill of divorce from Eretz Yisrael.

The Gemara explains that the first tanna holds: The Sages do not decree with regard to one who delivers due to one who brings. In other words, although one who delivers a bill of divorce from overseas to Eretz Yisrael must say: It was written in my presence and it was signed in my presence, one who brings a bill of divorce from Eretz Yisrael to a country overseas need not state this declaration.

And the later Rabbis hold: The Sages do decree with regard to one who delivers due to one who brings the bill of divorce from overseas. The reason for this decree is that one might err and think that just as an agent who delivers a bill of divorce from Eretz Yisrael to a country overseas is not required to testify that it was written and signed in his presence, so too, one who brings a bill of divorce from a country overseas to Eretz Yisrael need not state this declaration. Consequently, the Sages decreed that even one who delivers a bill of divorce from Eretz Yisrael to a country overseas must declare: It was written in my presence and it was signed in my presence.

And Rava also resolves the different opinions in the mishna according to his line of reasoning. How so? He maintains that everyone agrees that the reason for the declaration: It was written in my presence and it was signed in my presence, is because there are no witnesses available to ratify it, and the later Rabbis do not disagree with the previous opinion. Rather, they come to explain the reasoning of the first tanna. In other words, the first tanna agrees that one who takes a bill of divorce from Eretz Yisrael to a country overseas must state the declaration, and he simply taught the halakha in a concise manner.

§ The Gemara attempts to cite another proof: We learned in the mishna: One who brings a bill of divorce from one region to another region within a country overseas must also say: It was written in my presence and it was signed in my presence. The Gemara infers: But if he brought a bill of divorce within one region in a country overseas he is not required to state this declaration. This works out well according to the opinion of Rava, as witnesses are available in the same region. However, according to the opinion of Rabba, the matter is difficult, as overseas residents are not experts in the halakha and therefore it does not matter how closely they are located to each other.

The Gemara answers: According to the opinion of Rabba, do not say that the correct inference is: Within one region in a country overseas, he is not required to state the declaration. Rather, say that one should infer from the mishna: From region to region within Eretz Yisrael, he is not required to do so.

The Gemara raises a difficulty with regard to this answer: But that halakha need not be derived by inference, as the mishna is teaching it explicitly: One who brings a bill of divorce from one place to another within Eretz Yisrael is not required to say: It was written in my presence and it was signed in my presence. The Gemara answers: If this halakha were to be derived from that statement alone, I would say: This applies only after the fact, i.e., if someone acted in this manner then the bill of divorce is not invalidated. However, it might have been thought that one should not act in this manner ab initio; rather, the agent should state the declaration. Therefore, the mishna teaches us by means of this inference from its first section that he need not state the declaration even ab initio.

The Gemara offers an alternate version of this discussion: And some raise this objection like this, by inferring differently from that ruling of the mishna. The mishna teaches: One who brings a bill of divorce from one region to another region within a country overseas must also say: It was written in my presence and it was signed in my presence. The Gemara infers from here that if he brings the document from region to region within Eretz Yisrael, he is not required to state the declaration.

This works out well according to the opinion of Rabba, as the residents of Eretz Yisrael are aware of the halakha that a bill of divorce must be written for the woman’s sake. However, it is difficult according to the opinion of Rava. The Gemara rejects this inference: Do not say that the mishna is teaching that from one region to another region within Eretz Yisrael, he is not required. Rather, say: Within one region in a country overseas he is not required to state the declaration.

The Gemara questions this interpretation: However, if that is so, with regard to an agent who brings a bill of divorce from region to region within Eretz Yisrael, what is the halakha? Is he required to state the declaration? If so, let the mishna teach simply: One who brings a bill of divorce from one region to another region must state the declaration, without specification, and this would apply both overseas and in Eretz Yisrael.

The Gemara answers: Actually, one who brings from region to region within Eretz Yisrael is also not required to state the declaration even according to the opinion of Rava, for the following reason: Since there are those who ascend to Jerusalem for the pilgrimage Festival, witnesses are frequently available and they can come even from one region to another.

The Gemara raises a difficulty: This works out well when the Temple is standing, as there are those who ascend to Jerusalem for the pilgrimage Festival at that time. However, when the Temple is not standing what can be said? The Gemara answers: Since there are central courts that are fixed in a permanent location where everyone goes, witnesses are frequently available to ratify the bill of divorce.

The Gemara suggests a different proof: We learned in the mishna that Rabban Shimon ben Gamliel says that even an agent who brings a bill of divorce from one district to another district must say that it was written and signed in his presence. And Rabbi Yitzḥak said: There was one city in Eretz Yisrael, and Asasiyyot was its name, and it contained two districts that divided the city. And its two governors were so particular with each other that they enacted travel restrictions that made it impossible to cross through the city, and consequently they were required to say the declaration when bringing a bill of divorce from district to district.

The Gemara comments: This works out well according to the opinion of Rava, who holds that the reason is due to witnesses, as the witnesses could not pass from one district to another. However, it is difficult according to the opinion of Rabba, as he maintains that there is no need to state the declaration in Eretz Yisrael because its residents are aware of the halakha that a bill of divorce must be written for the woman’s sake. The Gemara answers: Rabba is of the opinion that the reason is also in accordance with the opinion of Rava, i.e., Rabba agrees that one of the reasons for this halakha is because witnesses are not available to ratify the bill of divorce. He adds another reason, that they are not experts in the halakha of writing the document for her sake.

The Gemara asks: Rather, what then is the difference between them, i.e., between Rava’s explanation and that of Rabba? The Gemara answers: There is a difference between them with regard to a case where two people bring the bill of divorce from a country overseas. According to the opinion of Rava they do not need to say: It was written in my presence and it was signed in my presence, as additional witnesses are not needed to confirm this bill of divorce. However, it is still necessary to declare that the document was written for the sake of the wife.

Alternatively, the difference between the two explanations involves a case where one agent brought the bill of divorce from one place to another within a single region in a country overseas, where witnesses are available to ratify it. According to Rabba it is still necessary for the agent to utter the declaration so that he can confirm that the bill of divorce was written for her sake. According to Rava, he does not have to say: It was written in my presence and it was signed in my presence, as witnesses are readily available if needed.

§ We learned in a mishna (9a): With regard to an agent who brings a bill of divorce from a country overseas, and he is unable to say: It was written in my presence and it was signed in my presence, if the bill of divorce has witnesses signed on it then it shall be ratified by its signatories, i.e., it can be ratified by validating the witnesses’ signatures. And we discussed this halakha: What is the meaning of the phrase: And he is unable to say?

Traduction : The William Davidson digital edition of the Koren Noé Talmud, with commentary by Rabbi Adin Even-Israel Steinsaltz.

Gittin 4b explores rabbinic debates over why agents delivering or bringing a bill of divorce must declare it was written and signed in their presence.