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Week 58 - Friday - 5 January 2001

YEVAMOT: CHAPTER 15: MISHNAH 4

All are believed to testify about her, except her mother-in-law, her mother-in-law's daughter, her rival, her sister-in-law, and her husband's daughter. Why the difference between a bill of divorce and death? Because the writing proves. A witness says, "He died," and she marries, and another comes and says, "He did not die" -- she does not go out. If a witness says, "He died," and two say, "He did not die" -- even though she was married, she goes out. If two say, "He died," and a witness says, "He did not die" -- even though she was not married, she may marry.

Kehati

We have already mentioned that a woman is permitted to marry on the testimony of one witness that her husband has died. This mishnah teaches that even a woman and a relative are believed to testify for her in this respect, except the five women listed in the mishnah, who generally dislike the wife, and we fear that they intend to ruin her, so that by marrying another she will be prohibited to her husband.

All are believed to testify about her -- for the wife, in respect of the death of her husband, in order to permit her to marry, except her mother-in-law -- her husband's mother, her mother-in-law's daughter -- her husband's sister, her rival -- another wife of her husband, her sister-in-law -- the wife of her husband's brother, and her husband's daughter -- by another woman. Theses five women generally dislike her, and we fear that they intend to ruin her, so that by marrying another she will be prohibited to her husband. They therefore are not believed to testify on her behalf that her husband died. Rashi and other commentators explain the reason for these women's dislike: her mother-in-law thinks to herself, this woman will consume all my efforts and hard labor; her mother-in-law's daughter says, this one will inherit all the labor of my father and my mother; her rival -- it is usual for the fellow-wives of one husband to be hostile to one another; her sister-in-law fears that she will eventually be her rival; her husband's daughter thinks, this one comes to replace my mother, and she will consume all her labor.

Why the difference between a bill of divorce and death -- for it has been taught, "Even the women who are not believed when they say, 'Her husband died,' are believed when they bring her bill of divorce" (Git. 2:7) -- why are they believed regarding the bill of divorce? Because the writing -- the bill of divorce in their possession, proves -- the fact of the divorce, and we do not rely solely on their testimony.

A witness says, "He died" -- one witness came and testified for the woman that her husband died, and she marries -- on the basis of his testimony, and another comes and says, "He did not die" -- he contradicts the first witness, she does not go out -- the Gemara explains that the wording used in the mishnah, "and she marries," does not necessarily mean that her marriage has already taken place, but rather that the Court permitted her to be married, relying on the witness who testified to her husband's death. The mishnah now teaches that even though she has not yet been married, and a witness comes and says, "He is not dead," "she does not go out" from the first permission granted her, for in every case in which the Torah believes one witness, he is as two witnesses, and the witness who comes after him cannot refute him, since one cannot refute two. If, however, the other witness came to the Court before it had granted her permission to marry, she is prohibited from marrying, for as long as the Court has not relied upon the testimony of the first witness, he is not regarded as two, and this then is a case of two witnesses contradicting each other. According to Tosefot Rabbi Akiva Eiger, that which we learned -- that if the Court permitted her to marry on the basis of the testimony of the first witness, and another witness came and said, "He did not die," she does not go out from the first permission which had been granted her -- is the law bedi'avad if she married after the second witness came, she does not go out, because the Court had granted her permission before. Lekhathila, however, she may not marry, because of malicious gossip.

If a -- one -- witness says, "He died," and two say, "He did not die" -- even though she was married, she goes out -- she must be divorced, for the one is canceled by the two. The Gemara explains that this refers to a case of people who are ineligible to give testimony, e.g., women, slaves, etc. The mishnah teaches that even regarding the testimony of those ineligible for testimony, the majority is followed. If, however, the one witness was fit and the two were unfit to give testimony, then whenever she had initially been permitted to marry on the testimony of the one witness, she does not go out from her first permission, because in such a case all the unfit witnesses are considered to be one witness, and this then is as the case which was taught above, that if one witness says, "He died," and afterwards another one comes and says, "He did not die," she does not go out.

If two say, "He died," and a -- one -- witness says, "He did not die" -- even though she was not married -- she had not yet been married at the time the other one came and said that he did not die, she may marry -- we have already explained above (according to the Gemara), that this refers to a case involving those unfit to give testimony; the mishnah teaches that we follow the majority among unfit witnesses, whether this will establish a lenient decision or a stringent decision.

YEVAMOT: CHAPTER 15: MISHNAH 5

One woman says, "He died," and one woman says, "He did not die" -- the one who says "He died" may marry and she takes her ketubah, and the one who says "He did not die" may not marry and does not take her ketubah. If one says, "He died," and one says, "He was killed" -- Rabbi Meir says, Since they contradict one another, they may not marry. Rabbi Yehudah and Rabbi Shimon say, Since this one and this one agree that he is not alive -- they may marry. If a witness says, "He died," and a witness says, "He did not die"; a woman says, "He died," and a woman says, "He did not die" -- she may not marry.

Kehati

If a man had two wives, and he went with them overseas, and the two women returned from there, and one woman -- of the two, says, "He -- my husband, died," and one woman says, "He did not die" -- the one says "He died" may marry and she takes her ketubah -- the refutal by her rival counts for nothing, for it was taught in the preceding mishnah that her rival is not believed if she testifies about her, and just as she is not believed regarding the other if she says that her husband died, so is she not believed if she says regarding this one that her husband did not die (Hameiri),

And the one who says "He did not die" may not marry and does not take her ketubah -- for she is believed regarding herself. The Gemara explains that even if she later retracted and gave an explanation for her statement, that she only intended by saying that he did not die to discomfort her rival, nevertheless, she is prohibited from being married, and she does not take her ketubah.

If one of the two rivals says, "He -- her husband, died," and one says, "He was killed" -- Rabbi Meir says, Since they contradict one another, they may not marry -- the Gemara explains that Rabbi Meir also disagrees with the first section of the mishnah, and he holds that if one says "He died," and one says, "He did not die," then neither may be married. The mishnah, however, cited him in the second section in order to teach that though both of them agree that he is not alive, nevertheless, since they contradict each other regarding the manner of his death, they may not marry.

Rabbi Yehudah and Rabbi Shimon say, Since this one and this one agree that he -- the husband, is not alive -- they -- both, may marry -- for this is not a contradiction concerning their marital status. This is the halakhah (Rambam, Hil. Gerushin 12:24).

If a witness says, "He died" -- one witness testifies for the woman that her husband died, and a witness -- another one says, "He did not die"; or a -- one -- woman says, "He died," and a woman -- another woman says, "He did not die" -- since the second witness came before they permitted her to marry on the testimony of the first witness, or if they came together, then this one may not be married -- the wife is forbidden to be married because of the doubt. The Gemara explains that the clause in the last section of the mishnah, "and a woman says, 'He did not die,'" implies even her rival; the anonymous portions of this mishnah follow the opinion of Rabbi Meir, who holds that if rivals contradict one another, they may not marry, as was cited above (Gemara and Rashi). According to another opinion in the Gemara, however, if one rival says that the husband died and the other one says that he did not died, even Rabbi Meir agrees that the one who said "he died" may marry, for just as the rival's testimony is not accepted when she says that the husband died, so, too, is it not accepted when she says that he did not die, and therefore there is no refutation in such a case. But when they do contradict each other, with one saying, "He died," and one saying, "He was killed," Rabbi Meir holds that their testimony is nullified. Rabbeinu Asher writes that the halakhah follows this opinion, and the case brought in the last section of the mishnah, "a woman says, "'He died,'" and a woman says, "'He did not die,'" refers to a non-related woman and not to a rival; therefore, according to all opinions, she is prohibited from marrying.

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