In the previous case, where a witness told a woman that her husband died, the court allowed her to remarry, assuming that she would thoroughly investigate first, and when the husband returned, she had to obtain a divorce (Get) from both. What is the logic?
We understand that she needs a Get from the first husband, since, as is turned out, she is still married to him. But the second one – technically their betrothal did not even take effect! – This was instituted by the Sages to prevent a mistake: the onlookers might think she was properly married to the second husband, and now leaves him without a Get – and therefore conclude that the Get is generally unnecessary.
But take a similar case where she only got engaged, not married to the second husband – there she can return to the first husband, and the Get from the second one is not required. Why not!? – People might also make a mistake and think that one can remarry his wife after she was divorced and married to someone in the interim. That, actually, is a reasonable objection. However, the fine distinction is that where she was only engaged – no transgression took place – and although people might make a mistake, the Sages did not penalize her; where she got married, they lived together unlawfully, and they did impose a penalty.
Moreover, any child she has from one of the two husbands is considered illegitimate (mamzer). Again, we understand this about the second husband, but the first? – The Talmud then discussed if the Sages really have the power to declare a kosher child a mamzer as a penalty.
Art: The Engaged Couple by Giuseppe Tominz
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