Wed Gitten 3

One of the three Gitten that are not Kosher L'Chatchila if it doesn't have witnesses, but was written by the husband.

Tosfos explains the problem with it, because since there is no witnesses, so the date written on it is unreliable. Thus, it's tantamount to a Get without a date .

Tosfos asks: I can understand why this is a problem with those who say the reason for a date, so, if he married his niece, and she was Mizaneh, that he shouldn't write a Get without a date to save her, since we won't be able to verify if she was Mizaneh after the divorce. We can say that is a problem here too, with an unreliable date.

However, I don't understand the problem according to those that say they enacted a date so, if the husband sells the woman's fields that he owns the produce until they divorce, that the woman cannot come with an undated Get and take back fruits that the buyer harvested before the divorce. However, once there is an enactment of a date, if she shows up with a get with an unreliable Get, she won't be able to collect, so the buyers protected.

Tosfos answers: because the woman loses her fruit, which she was entitled from the time a proper Get was written. Therefore, the rabbis made this an improper Get, therefore, she's not entitled for the fruits until the actual divorce.

Alternatively, if the woman would grab the fruits from the buyer, we wouldn't have the power to remove it from her, since it's possible she was divorced and the fruits truly belong to her.