I have been puzzled about a Rambam that says if one writes a document of marriage and it is given to a messenger of the woman, then it must be written with the agreement of the messenger. The Magid Mishna brings there [Laws of Marriage chapter 3-law 18] that the Ramban disagrees with this and says it has to be written with the knowledge and agreement of the woman. This is just like the fact that a husband can not say, ''Tell so and so to write a divorce doc and give it to my wife.'' The Ramban is bringing this from a Gemara in Kidushin page 9 that says a doc of marriage has to be written with the knowledge of the woman. [ That is an argument there, but this is the agreed upon conclusion.] What is the puzzle about this to me is the general law, ''Words are not given over to a messenger.'' That means one can appoint a messenger to do things, but not to say things. And for a divorce doc to be for a particular woman requires the husband to say so. But this in itself is the source of my confusion. Why is it that a scribe could not write a doc of divorce for a particular man and wife? If we say a scribe is ok to write the doc, then why should he have to hear it from the husband. If we say the verse says that the husband himself has to write it, then why should a scribe be ok-- even if the husband tells him to write it?
