Gittin 4a
גיטין ד׳ א — ד"ה מִכְּלָל דְּתַנָּא קַמָּא סָבַר הָנֵי לָא
Gittin 4a:8-9
The sugya discusses why Rabban Gamliel instituted that a get be written לשמה in places where there are no עדי מסירה, and contrasts this with the fundamental role of witnesses at delivery. It supplies the Talmudic framework for understanding how חתימה לשמה functions when מסירה בפני עדים is unavailable or uncertain.
מִכְּלָל דְּתַנָּא קַמָּא סָבַר הָנֵי לָא צְרִיךְ; מַאי, לָאו בְּהָא קָמִיפַּלְגִי – דְּמָר סָבַר לְפִי שֶׁאֵין בְּקִיאִין לִשְׁמָהּ, וְהָנֵי גְּמִירִי; וּמָר סָבַר לְפִי שֶׁאֵין עֵדִים מְצוּיִין לְקַיְּימוֹ, וְהָנֵי נָמֵי לָא שְׁכִיחִי? לָא; רַבָּה מְתָרֵץ לְטַעְמֵיהּ, וְרָבָא מְתָרֵץ לְטַעְמֵיהּ. רַבָּה מְתָרֵץ לְטַעְמֵיהּ: דְּכוּלֵּי עָלְמָא לְפִי שֶׁאֵין בְּקִיאִין לִשְׁמָהּ, וְהָכָא בְּהָא קָמִיפַּלְגִי – תַּנָּא קַמָּא סָבַר, הָנֵי כֵּיוָן דִּסְמוּכוֹת מִיגְמָר גְּמִירִי; רָבָא מְתָרֵץ לְטַעְמֵיהּ: דְּכוּלֵּי עָלְמָא לְפִי שֶׁאֵין עֵדִים מְצוּיִין לְקַיְּימוֹ – וְתַנָּא קַמָּא סָבַר, הָנֵי כֵּיוָן דִּסְמוּכוֹת מִישְׁכָּח שְׁכִיחִי;
The Gemara analyzes the mishna: One can derive by inference that the first tanna of the mishna holds that in these places the agent is not required to testify that the bill of divorce was written and signed for the woman’s sake. What, is it not the case that they disagree with regard to this principle, as one Sage, the first tanna, holds that the reason for saying: It was written in my presence and it was signed in my presence, is because people living overseas are not experts in writing a bill of divorce for her sake, and the residents of these places are learned in this matter, as they are near Eretz Yisrael. And one Sage, Rabban Gamliel, holds: The reason is because there are no witnesses available to ratify it, and the residents of these places are also not frequently available, as they live on the other side of the border, and it is difficult to bring witnesses from one place to another. The Gemara rejects this suggestion: No, there is no proof that this issue is a dispute among 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. The Gemara elaborates: Rabba resolves them according to his line of reasoning, as 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 this issue: The first tanna holds that since the residents of these cities are located near Eretz Yisrael, they are assumed to be learned in this halakha. Likewise, Rava resolves the various opinions in the mishna according to his line of reasoning. 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 first tanna holds: Since the residents of these cities are nearby they are frequently available.