Consequences of Incomplete Divorce

[The Mishnah taught that Rabban Gamaliel the Elder instituted that one may not render a bill of divorce void in a court elsewhere] for the betterment of the world. [The Gemara asks:] What [problem did Rabban Gamaliel ameliorate that this is considered to be] for the betterment of the world? R. Yoḥanan says: [This is] for the benefit of [potential] children born from an adulterous relationship [mamzerim], [as the husband might render a bill of divorce void unbeknownst to his wife. She might remarry after having received the void bill of divorce, when in fact she is still married to her first husband, and children born from the second marriage will be mamzerim. To prevent this, Rabban Gamaliel instituted that one may not render the bill of divorce void when not in the location of his wife]. Resh Lakish says: For the betterment of deserted wives, [lest women who received their bill of divorce by means of the husband’s agent refrain from remarrying out of the concern that perhaps their husband rendered the bill of divorce void].

[The Gemara explains the two opinions:] R. Yoḥanan, [who] says [the reason for this ordinance is] for the betterment of [potential] mamzerim, holds in accordance with [the opinion of] R. Naḥman, who says [that the husband can render void the bill of divorce even] in the presence of two [people]. And [since matters that occur in the presence of] two people do not [generate] publicity, [it is possible that] she does not hear [that the bill of divorce was rendered void]. And [since] she does not know [that her husband rendered the bill of divorce void,] she will go and marry, and there are mamzerim [as a result of second marriages like these].

And Resh Lakish, [who] says [that the reason is] for the betterment of deserted wives, holds in accordance with [the opinion of] R. Sheshet, who says: [One can render void a bill of divorce only] in the presence of three [people]. And since [matters that occur in the presence of] three [people do generate] publicity, she does hear and know [that her husband rendered void the bill of divorce,] and she would not marry [again. Therefore, there is no concern that this will result in mamzerim,] but there is [a need to institute this ordinance for the] betterment of deserted wives.