Overview
This concluding chapter of Hilchot Gerushin discusses:
- When a woman is believed to say she is divorced.
- The power of a Get in her possession.
- Conflicting testimony regarding divorce.
- The special leniencies regarding testimony that a husband died.
- The credibility of one witness, women, slaves, and even non-Jews speaking innocently.
- The rules governing an Agunah.
The central theme is:
Because of the severe consequences of leaving a woman unable to remarry, Chazal accepted forms of testimony regarding a husband’s death that would be insufficient in almost every other area of Halachah.
Halachah 1
“I Was Married and I Am Divorced”
If a woman says:
“I was married, and I am now divorced,”
she is believed.
This is the rule of:
הפה שאסר הוא הפה שהתיר
The same mouth that created the prohibition removes it.
However, if she was already known to be married and then says:
“My husband divorced me,”
she is not believed to permit herself to remarry.
She does, however, disqualify herself from marrying a Kohen.
If the husband dies and there is a Yavam:
She performs Chalitzah but not Yibum.
Halachah 2
Witnesses to the Divorce
If two witnesses testify that she was divorced:
She may remarry even without producing the Get itself.
Likewise, if she produces a Get and says:
“My husband divorced me with this Get,”
she is believed and may remarry.
Halachah 3
Husband Challenges the Get
If the husband admits he wrote the Get but claims:
- It fell from him.
- She merely found it.
He is not believed.
Since:
The Get is in her possession.
However, if he claims:
- It was given conditionally.
- It was merely a deposit.
- It is forged.
The Get must be authenticated by signatures or delivery witnesses.
If it cannot be authenticated:
She may not remarry.
But she remains forbidden to a Kohen because of her own admission.
Halachah 4
Wife Says: “You Divorced Me”
If husband and wife stand together and she says:
“You divorced me and I lost the Get.”
He says:
“I never divorced you.”
The Rambam rules:
She is believed.
Because of the חזקה:
A woman normally lacks the brazenness to lie directly to her husband.
Halachah 5
Husband Says: “I Divorced My Wife”
If the husband himself claims:
“I divorced her.”
He is not fully believed.
The wife becomes:
Safek Megureshet.
The court advises:
If you truly divorced her, do it properly now before us.
Halachah 6
Two Against Two
If:
- Two witnesses say she was divorced.
- Two witnesses say she was not.
She remains:
A definite married woman.
The original marital status remains in force.
Halachah 7
Earlier Divorce
If the witnesses assert:
She was divorced some time ago,
then it is possible the Get was lost.
Therefore if:
- She insists she is divorced.
- Two witnesses support her.
and she marries one of those witnesses who personally knows the truth:
She need not leave.
If she marries someone else:
She must leave.
Halachah 8
“We Saw Her Divorced”
If two witnesses say:
We saw her get divorced,
and two others say:
We did not see it,
then:
She should not marry.
But if she did:
She remains married and the child is kosher.
People often divorce privately.
Halachah 9
One Witness Against One Witness
If a woman was not previously known to be married and:
- One witness says she was married and divorced.
- Another says she was married but not divorced.
The testimony establishes marriage.
The single witness cannot establish divorce.
Therefore:
She may not marry.
Halachah 10
Two Men and One Woman
If:
- Two men arrive.
- Each claims the woman is his wife.
- She says both are her slaves.
Neither man’s claim joins with the other.
Therefore:
She is permitted.
Halachot 11-14
Claims About a Get Given to a Shaliach
Where:
- A Get reached a Shaliach Kabbalah,
- The husband later disputes the purpose,
the Shaliach is often believed when the document remains available.
If the Get was lost, however:
The divorce is generally doubtful.
Because only one witness remains.
Halachah 15
A Woman Says Her Husband Died
If husband and wife traveled together and:
- Peace existed between them,
- Conditions were normal,
and she says:
“My husband died,”
she is believed.
She may:
- Remarry.
- Perform Yibum if applicable.
The reason:
A woman would not normally create a situation that could later expose her as an adulteress, ruin her marriage prospects, lose her ketubah, and render her children illegitimate.
One Witness for Death
Halachah 15
Even one witness saying:
“Your husband died”
is sufficient.
This is one of the great leniencies of Agunah law.
Halachah 16
Who Is Believed?
Even the following are believed:
- Women
- Slaves
- Maidservants
- Relatives
- Testimony relayed from another person
All may be relied upon regarding a husband’s death.
Exception
Five women are not believed due to presumed hostility:
- Mother-in-law
- Mother-in-law’s daughter
- Co-wife
- Yevamah
- Husband’s daughter
Halachah 17
A Non-Jew’s Testimony
A non-Jew who casually remarks that someone died:
May be believed.
This is known as:
מסיח לפי תומו
Speaking innocently without intent to testify.
Halachah 18
Another Witness Denies the First
If an accepted witness says:
“The husband died.”
The court permits remarriage.
Later another witness says:
“He did not die.”
The second witness is disregarded.
The first witness already received the status of two witnesses for this special area of Halachah.
Halachah 19
Simultaneous Contradiction
If one witness says:
“He died.”
And another simultaneously says:
“He did not die.”
She may not marry.
If she already married:
She must leave.
Exception:
If she married the witness himself and both insist they know he truly died, she may remain married.
Halachah 20
Stronger Versus Weaker Testimony
If the witness permitting remarriage possesses stronger halachic credibility than the contradictory witness:
The original permission may remain in force.
Halachah 21
Woman Versus Kosher Witness
If:
- A woman says he died.
- A kosher witness says he did not die.
The kosher witness prevails.
She may not remarry.
Halachah 22
Majority of Disqualified Witnesses
Among disqualified witnesses:
- Women
- Slaves
- Similar testimony
majority rules.
Unlike kosher witnesses, we do not apply:
“Two are like one hundred.”
Instead:
Numerical majority prevails.
Thus:
- 11 women saying “died”
- 10 women saying “did not die”
permits remarriage.
Halachah 23
Two Witnesses Versus Two Witnesses
If:
- Two say “died.”
- Two say “did not die.”
The matter remains doubtful.
She may not remarry.
If she married one of the witnessing men who knows personally that the husband died:
She may remain.
Halachah 24
Co-Wives
A co-wife is not believed to testify for another co-wife that the husband died.
Even if she herself remarries:
Her testimony does not permit the other wife.
However:
If one co-wife says:
“He died,”
and the other says:
“He was killed,”
both agree that he is no longer alive.
Therefore:
Both may remarry.
Key Principles of Chapter 12
| Topic | Rambam’s Ruling |
| “I was married and divorced” | Believed |
| Known married woman saying “I’m divorced” | Not believed |
| Get in her possession | Creates strong presumption |
| Wife says husband divorced her to his face | Believed |
| Husband says he divorced her | Creates doubt only |
| One witness says husband died | Believed |
| Woman witness says husband died | Believed |
| Slave or maidservant | Believed |
| Non-Jew speaking casually | Believed |
| Five hostile women | Not believed |
| Contradictory witness after permission | Usually disregarded |
| Equal contradictory testimony | Creates doubt |
| Co-wife’s testimony | Generally not accepted |
Chapter Theme
Chapter 12 concludes Hilchot Gerushin with the laws of belief and evidence. While the laws of divorce documents are generally stringent, Chazal introduced extraordinary leniencies regarding testimony of a husband’s death to prevent women from becoming Agunot. The chapter balances these leniencies with safeguards designed to preserve marital certainty and protect against error.