Shulchan Arukh Even HaEzer · Siman 135

Shulchan Arukh Even HaEzer 135 — English translation

Translation: Sefaria Community Translation. Section numbers match the Hebrew text above.

1. 1Witnesses give the divorce document in front of them (the couple)need to read it before giving it. Its goof to read it again after you give it. If you don't read it then just give it, and they are divorced. Ramah says so if they testify in that this was a proper ceremony of presenting the divorce document. In the quintessential case we follow the custom that a wise man presents the divorce document and reads it to them in the beginning and in the end with the witnesses. Afterward ask the scribe if the divorce document that he wrote and the names of the couple involved. After that ask one witness if he can sign his name and his friends name.
2. 2Read it and give it to the owner or the messenger (it being the divorce document). He enter to his house and gives it to her. If its not read, give it to her and throw in to water or fire. Behold now she is divorced. Since it is read at the beginning there is no concern that is was switched. There is more, rather even the owner says: another document is read instead of the divorce document, it doesn't matter and behold she is divorced. And if the divorce document is handed and seen by him, any time is fine to deliver it.
3. 3Behold, [if] they didn't originally read the divorce document, and he gave it to her in front of them (the witnesses) and he threw it into a fire or the sea, even though the husband says, "It was a valid divorce document," behold this is a doubtful divorce. Ram"a: And even if she [re]marries, she goes out (Tosfot in the other version, and such does the Beit Yosef write in the name of the Rashb"a and R"i). But if the divorce document still comes out from under her hands, if she [re]marries, she does not go out, but she shouldn't [re]marry with this divorce document since they didn't read it immediately after the giving [of it] (so is it implied from Rabbeinu Yerucham mentioned earlier and not like the Beit Yosef); and some argue.
4. 4If he gave her a smooth [i.e. blank] paper and said, "This is your bill of divorce," if they did not test it with "nara" water to see if something had been written on it, or if they did test it and the writing appeared, there is doubt as to whether the woman is divorced. If they tested it and no writing appeared, there is no concern of divorce.
5. 5If he threw a document into her courtyard between the barrels, in front of witnesses, and they searched and found a mezuzah or other document, we are not concerned for her, for that which they found is what he threw. If they found two or three mezuzot or other documents, we are concerned that perhaps he threw a document of divorce and it was eaten by rodents, and there is doubt as to whether she is divorced. When does this apply? When they did not call out about it. However, if after they called out that it was a bill of divorce the husband took it from their hands and threw it to her courtyard between the barrels, even if they only found but one mezuzah or document, there is doubt as to whether she is divorced.

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