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The standard formula for the introduction of a bill normally reads, "It is known to us the undersigned." Yet in some of the Ashkenazic bills of betrothal from the thirteenth and fourteenth centuries, we find an unusual variation: "We the undersigned have been appointed arbitrators and have been blessed in the presence of ten." In my opinion, this reflects an attempt to augment the institution of betrothal and the penalty that would be levied upon a side to the arrangement that reneged. In order to ensure that the agreement was undertaken with full intention, the sages of Ashkenaz decreed on the basis of talmudic principles that the betrothal was to be executed in the presence of an esteemed rabbinic court, so as to underscore the full intention of the parties. Concerning the identity of such a "reputable rabbinic court," we may note that we find within the Geonic responsa literature in another matter the stipulation that the rabbinical court be one renowned for its sagacity in its locale and even beyond. In a later responsa that addresses betrothal, penned by Rashi, different criteria for the composition of the court are enumerated: "this is valid only if he acquires it from him within a reputable rabbinical court; and even if there is a more reputable court elsewhere, we must suffice with the court of that locale." Within a few generations we begin to hear that there is no need for renowned scholars to adjudicate the betrothal acquisition, and that it is sufficient that it be executed in the presence of individuals knowledgeable of the issues of full intent. This is implied in a responsa of Mahara"m Mintz to the effect that it is sufficient to have present three reputable individuals. The introductory formula of the betrothal bills may suggest, therefore, an interim period between that of Rashi, when great care was still exercised that three sages adjudicate the agreement and the period of the Mahara"m Mintz, where any three reputable individuals were sufficient. On the one hand, there is no need for bona fide sages, official members of the rabbinic court. Yet there still existed a requirement that these three be chosen, and that they be granted the authority of an ad hoc rabbinic court, a court of arbitration that was accepted in many instances.
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