For the source text click/tap here: Gittin 33
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In the ongoing discussion of Rabban Gamliel the Gemora on our daf objects to Rabban Shimon ben Gamliel’s position, arguing that the Sages do not have the power to uproot a clearly established marriage.
If the husband has the power to annul the geṭ and chooses to wield that power, the divorce is never carried out and his wife is still married to him.
How can the Rabbis undo the marriage?!
In answer, the Gemara points out that every Jewish marriage is predicated on the agreement of the Rabbis, and the couple effectively agrees to abide by rabbinic rulings on the matters of marriage.
“Anyone who betroths a woman betroths her contingent upon the will of the Sages, andwhen one fails to conform to their will in matters of marriage and divorce the Sages expropriated his betrothal from him retroactively."
The language used at the wedding ceremony is that the wedding is being done ke-dat Moshe ve-Yisra’el – according to the statutes of Moses and the Jewish people. Should one party attempt to break these regulations, the Rabbis have the authority to dissolve the marriage.
We explore this authority.