Comentário sobre Guittin 9:4

כתב בכתב ידו ואין עליו עדים – For Rabbi Meir who said that the witnesses who affix their signatures [to the Jewish bill of divorce] make the divorce final, one’s signature is considered like one-hundred witnesses. But for Rabbi Eliezer who says that the witnesses who deliver [the Jewish bill of divorce] make the divorce final, since it is his handwriting, and the Biblical text reads (Deuteronomy 24:1): “and he writes [her a bill of divorcement, hands it [to her]…,” and even though the witnesses who deliver the [Jewish bill of divorce] are not valid from the Torah and the Sages invalidated it lest they come to make it fit through the writing of the scribe.

There are three gittin which are invalid but if a woman marries [on the strength of one of them] the child is fit:
If the husband wrote it with his own hand but there are no witnesses on it.
If there are witnesses on it but no date.
If it has a date but only one witness. These are three gittin which are invalid but if a woman marries [on the strength of one of them] the child is fit. Rabbi Elazar says even though there are no witnesses on it, as long as he gave it to her in the presence of witnesses it is valid, [and on the strength of it] she may collect her ketubah [even] from mortgaged property, since the witnesses only sign on the get because of tikkun olam.
This mishnah teaches that there are three gittin which are invalid, but nevertheless if a woman were to remarry on the strength of one of them, a child from the subsequent marriage is not a mamzer, as he would be were the get to be completely invalid. In other words, “lechatchilah” ab initio the woman should not remarry based on one of these gittin. However, “bediavad” ex post facto if she has married using one of these gittin, her subsequent marriage is not considered adulterous. Another way of putting this is that the get is kosher “deoraitta” according to Torah law, but the rabbis declared it invalid “derabanan” from rabbinic authority.
Get #1: If the husband wrote the get in his own hand, it will be easy to verify that he wrote the get through comparison of his handwriting. Therefore, the get is valid, at least bediavad/deoraita. However, witnesses are always preferable and considered to be more conclusive. Therefore, the rabbis said that the get was invalid and that “lechatchilah” a woman should not remarry using it.
Get #2: The rabbis declared that a get without a date is invalid. We learned above in mishnah 2:2, that without a date we fear that the woman may improperly collect her ketubah from mortgaged property. However, the get is not completely invalid and if she uses it to remarry, her subsequent child is not a mamzer.
Get #3: In this case, there is only one witness, and not the two that are normally required. Again, the get is invalid, at least derabbanan, but nevertheless if she does use it to remarry the subsequently born child is not a mamzer.
Rabbi Elazar goes even further than does the previous opinion and claims that even if there are no witnesses on the get, the get is completely valid and may even be used to collect the ketubah from the husband’s mortgaged property. Certainly she can remarry, according to Rabbi Elazar, on the strength of this get. Rabbi Elazar holds that the witnesses who are essential in the divorce process are not those who sign on the get, but rather those who witness the husband transfer the get to the wife. The only reason that witnesses sign on the get is for “tikkun olam” the improvement of the world. It will be easier for the woman to certify the validity of her get using the signatures on the get, and hence they sign for her benefit. If she decides to remarry without such benefit, it is her right. That witnesses sign because of tikkun olam was also learned above in mishnah 4:3.

ואין בו זמן – for the date is an ordinance of the Rabbis, whether because of the usufruct or because lest he is partial over his sister’s daughter, as we said in the second chapter.

ואין בו אלא עד אחד – there is, according to the one who says that it refers to his handwriting, and the first part of our Mishnah comes to teach us that even if there is no witnesses [that has signed the Jewish bill of divorce], the child is valid. And here it comes to teach us that even when there is ab initio, one witness [whose signature is affixed], it is not valid. And according to the one who says that it refers to the handwriting of the scribe, even so, the offspring is valid, for the scribe is in place of the second witness.

תקון עולם – lest the witnesses to the delivery [of the Jewish bill of divorce] die and the husband comes and raises a complaint saying that I did not divorce her. And the Halakha is according to Rabbi Eliezer.