The purpose of the statement is to make things easier...
In the situation where it's from Medinas Hayam and the signatures were not validated... it's Pasul if she's single...if she remarries "since the purpose of making a statement bottom line was to prevent the husband...if she gets married via a get delivered by one guy in front of two witnesses without saying b'Fanai Nichtav u'b'Fanai Nechtam Eino Motzi
And we're not concerned until the possibility of the husband showing up and challenging it (according to Rashi, Tosafos & the Ritva)...
What happens if the husband shows up? If the statement was not made, and witnesses are not available to validate the signatures...wouldn't that be a safeik deoraisah l'chumrah? What would happen according to those Rishonim if the husband challenges ?
Avrahom Kevelson, Brooklyn NY ,USA
Shalom R' Avrahom,
If I Understand your question properly, I think this is the correct response:
Midoraisah, Eidim that are sign on any document are considered as though the document was processed in Beis Din. But if the "Ba'al HaShtar" (essentially the ultimate authority over the power of the document) claims that the document is forged then the signatures must be validated. A Get is has another aspect, because the husband, who is considered "Ba'al HaShtar" can claim that the Get was written Shelo Lishma, which is irrelevant to the fact that there are Eidim signed. "Kodem Shelamdu", and according to Rabah (with a Hei) the husband was able to disqualify the Get with his claim (according to Rashi, according to Tosafos this is also only slander). "Achar Shelamdu" he is not believed to disqualify the Get (if the signatures were validated) but he can cause her a bad name. Since we are assuming at this point to be "Achar Shelamdu", it makes no sense for the Beis Din to disqualify what is most likely a perfectly good get and cause her disgrace because if we don't the husband may show up from abroad to cause her disgrace.
I haven't seen the Ritvo, but I wanted to get this off to you ASAP.
Shimon Brodie