1,836. A Man Who Claims to Have Divorced His Wife

Hilchos Geirushin 12:5

If a man says that he divorced his wife, he is not taken at his word but we are concerned that it might be true so his wife is considered doubtfully divorced. His word isn’t accepted even if she corroborates. We are concerned that he might be trying to make trouble for her, or that he divorced her with an invalid get and she is unaware, or maybe she’ll make a bold statement because he takes her at her word and she’s not aware of the severity of the matter. In such a case, the husband is advised that if he really did divorce his wife, he should do so again in our presence.

Hilchos Geirushin 12:6

If two witnesses say that a woman was divorced and two others say that she wasn’t, the presumption that she is married endures. This is true even if her husband is there and she says, “You divorced me.” In this case, since there are witnesses who will back her up, we do consider the possibility that she might lie to her husband’s face. If this woman remarries, she must leave the second husband and any offspring from this union are considered illegitimate.