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Week 58- Thursday - 4 January 2001

YEVAMOT: CHAPTER 15: MISHNAH 2

Bet Hillel say, We did not hear, except when she comes from the harvest, and in the same country, and like a case that happened. Bet Shammai said to them, It is all one whether she comes from the harvest, or she comes from the olives, or she comes from the grape harvest, or she comes from one country to another; the Sages spoke of the harvest only as something that happened. Bet Hillel retracted to teach as Bet Shammai.

Kehati

Bet Hillel say, We did not hear -- that a woman is believed when she says, "My husband died," and they permit her to marry, except when she comes from the harvest -- and she said, My husband died from a snake bite," and in the same country -- so that the Court can verify the matter, and like a case that happened -- ten people went to harvest wheat, and a snake bit one of them and he died, his wife came and announced this to the Court, and they sent and found that she had spoken the truth. At that time they said, "If a woman said, 'My husband died' -- she may marry; 'My husband died' -- she may marry by yibum" (Gemara). The Sages permitted this only in a case like that which could easily be verified, and therefore we do not fear that the woman is lying. A woman who comes from overseas, however, is not believed.

Bet Shammai said to them -- Bet Hillel, It is all one whether she comes from the harvest, or she comes from the harvest of olives, or she comes from the grape harvest, or even if she comes from one country to another -- from overseas, she is believed when she says that her husband died;

The Sages spoke of the harvest only as something that happened -- an actual occurrence; but the same applies to other locations, too (Rashi). The Gemara quotes a baraita: "Bet Shammai said to Bet Hillel, According to your opinion, the law applies only to the wheat harvest; from whence do we learn regarding the barley harvest? And this applies only to the person who reaps; from whence do we learn regarding the person who harvests grapes, the person who harvests olives, the person who builds a fence, the person who hoes? Rather, the incident which took place occurred during the grain harvest, but the same applies to all these activities. Here as well, the incident occurred in the same country, but the law applies in all cases."

Bet Hillel retracted to teach as Bet Shammai -- that the woman who comes from the country beyond the sea is also believed when she says, "My husband died," and they permit her to marry.

YEVAMOT: CHAPTER 15: MISHNAH 3

Bet Shammai say, She may marry and she takes her ketubah. Bet Hillel say, She may marry but she does not take her ketubah. Bet Shammai said to them, You permitted a stringent prohibition of ervah, will you not permit the less important matter of property? Bet Hillel said to them, We find that the brothers do not enter into an inheritance on her testimony. Bet Shammai said to them, And do we not learn from her ketubah scroll that he writes to her, "If you will be married to another, take that which is written to you." Bet Hillel retracted to teach according to the opinion of Bet Shammai.

Kehati

This mishnah is a continuation of the preceding one, and deals with a woman who was permitted to be married on the basis of her statement that her husband had died, and discusses whether she receives the financial settlement of her ketubah.

Bet Shammai say, She may marry and takes her ketubah -- since they permit her to marry, she receives the financial settlement of her ketubah. Bet Hillel say, She may marry but she does not take her ketubah -- regarding money, she is not believed unless she produces witnesses.

Bet Shammai said to them -- Bet Hillel, You permitted a stringent prohibition of ervah -- you agree that she is permitted to marry, and since you believed her regarding the prohibition of a married woman, which is a grave matter of arayot, and permitted her to marry, will you not permit the less important matter of property -- how is it that you do not not believe her regarding the collection of the financial settlement of her ketubah, which is merely a monetary matter, which is less stringent?

Bet Hillel said to them -- Bet Shammai, We find that the brothers do not enter into the inheritance on her testimony -- we find in fact that they do not believe her regarding monetary matters, since the brothers are not entitled to inherit her husband's property on the basis of her testimony that he died. Hence, the Sages believed her only regarding the mater of marriage, because of the Rabbinic enactment regarding agunot, but regarding a monetary matter, two witnesses are required, as it is written, "at the mouth of two witnesses ... shall a matter be established" (Deut. 19:15). She therefore may marry but does not take her ketubah.

Bet Shammai said to them, And do we not learn -- that she takes the financial settlement of her ketubah, from -- the text, of her ketubah scroll, that he -- the husband writes to her -- in the ketubah, "If you will be married to another, take that which is written to you" -- since she is permitted to marry another, she is entitled to receive the financial settlement of the ketubah.

Bet Hillel retracted to teach according to the opinion of Bet Shammai -- even though the brothers do not enter into the inheritance of her husband on her testimony, nevertheless since they permitted her to marry she collects her ketubah.

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