Gittin 64B

הני מילי לחומרא, אבל לקולא לא.

The Talmud answers: This matter, the presumption that an agent performs his agency, applies only when its application leads to stringency, as there is a concern that the agent performed his agency. However, when its application leads to leniency, no, the presumption does not apply.

וליהמנה לדידה, מדרב המנונא ⁠– דאמר רב המנונא, האשה שאמרה לבעלה: ״גירשתני״⁠ – נאמנת, חזקה אין האשה מעיזה פניה בפני בעלה!

The Talmud asks: But let one deem the wife herself credible, based on the statement of Rav Hamnuna, as Rav Hamnuna says: A woman who said to her husband: You divorced me, is deemed credible, as there is a presumption that a woman would not be insolent in the presence of her husband and lie.

הני מילי היכא דליכא דקא מסייע לה, אבל היכא דמסייע לה ⁠– מעיזה ומעיזה.

The Talmud answers: This matter applies only in a case where there is no factor that supports her claim, as the presumption is that she would not be so insolent as to tell a lie that has no basis. However, in a case where there is a factor that supports her claim, as in this case both the husband and the third party claim that the husband sent a bill of divorce, she would indeed be insolent. Therefore, her claim that she was divorced is accepted only if she can produce the bill of divorce.

מתני׳ נערה המאורסה, היא ואביה מקבלין את גיטה. אמר רבי יהודה: אין שתי ידים זוכות כאחת, אלא אביה מקבל את גיטה בלבד. וכל שאינה יכולה לשמור את גיטה, אינה יכולה להתגרש.

Mishnah: With regard to a betrothed young woman, she and her father are each eligible to receive her bill of divorce, and the divorce takes effect at the moment that either of them receives the bill of divorce. R' Yehuda said: Two hands do not have the right to acquire an item on behalf of one person as one. Rather, her father alone receives her bill of divorce on her behalf. And there is another principle: Any female who is unable to safeguard her bill of divorce is unable to be divorced.