Torah Community Connections

Week 59- Thursday - 11 January 2001

YEVAMOT: CHAPTER 16: MISHNAH 6

They may testify by the light of a lamp or by the light of the moon, and they allow to marry by a voice. It once happened that someone stood on the top of a hill and said, "So-and-so the son of so-and-so from such-and-such a place died" -- they went and did not find anyone there, and they allowed his wife to marry. Moreover, it once happened in Tzalmon that someone said, "I, so-and-so the son of so-and-so, I was bitten by a snake, and I am dying" -- and they went and did not recognize him, and they allowed his wife to marry.

Kehati

They may testify -- even if they did not see the corpse during the day but only by the light of a lamp at night, or by the light of the moon, that he died, and they allow to marry by a voice -- heard from afar, "So-and-so died," even though they did not see the person who projected this voice (Rashi; Bartenura; see also Tosefot Yom Tov), as it is stated explicitly in the following occurrence. According to Tiferet Yisrael, the mishnah means to say that: even though they did not hear the voice itself, but only an echo that so-and-so died they permit his wife to marry.

It once happened that someone stood on the top of a hill and said, "So-and-so the son of so-and-so from such-and-such a place died" -- they went and did not find anyone there, and they allowed his wife to marry -- on the basis of the voice which they heard.

Moreover, it once happened in Tzalmon -- a city in the Lower Galilee, that someone said, "I, so-and-so the son of so-and-so -- from such-and-such a place (Tosefot Yom Tov), I was bitten by a snake, and I am dying" -- and they went -- to him, and they found him dead, and they did not recognize him -- because his face had changed, and they allowed his wife to marry -- on the basis of the words they heard from him.

YEVAMOT: CHAPTER 16: MISHNAH 7

Rabbi Akiva said, When I went down to Nehardea to proclaim a leap year, I met Nehemiah, a resident of Bet Deli. He said to me, "I heard that excepting Rabbi Yehudah ben Bava, they do not allow a woman to marry in Eretz Yisrael on the evidence of one witness." And I said to him, "This is so." He said to me, "Tell them in my name, You know that the country is overrun by troops, I have a tradition from Rabban Gamliel the Elder that one may allow a woman to marry on the evidence of one witness." And when I came and related the matter before Rabban Gamliel, he rejoiced at my words and said, "we have found a colleague for Rabbi Yehudah ben Bava." During the conversation Rabban Gamliel recalled that people were killed at Tel Arza, and Rabban Gamliel the Elder allowed their wives to marry on the evidence of one witness. And it was established to allow a woman to marry on the evidence of one witness. And it was established to allow a woman to marry on the evidence of a witness from a witness, on the evidence of a slave, on the evidence of a woman, on the evidence of a bondwoman. Rabbi Eliezer and Rabbi Yehoshua say, One does not allow a woman to marry on the evidence of one witness. Rabbi Akiva says, not on the evidence of a woman, and not on the evidence of a slave, and on the evidence of a bondwoman, and not on the evidence of relatives. They said to him, It once happened that certain Levites went to Tzoar, the city of date palms, and one of them fell ill on the way, and they brought him into an inn, and on their return they said to the woman innkeeper, "Where is our fellow?" She said to them, "He died and I buried him" -- and they allowed his wife to marry. They said to him, And shall not a priest's daughter be as a woman innkeeper? He said to them, When the woman innkeeper is trustworthy; the woman innkeeper brought out to them his staff, and his bag, and the Torah Scroll which belonged to him.

Kehati

Rabbi Akiva said, When I went down to Nehardea to proclaim a leap year -- during a period of religious persecution, when the Roman government had prohibited the intercalation of years in Eretz Yisrael, I met Nehemiah, a resident of Bet Deli -- a place name, he said to me, "I heard that, excepting R. Yehudah ben Bava, they do not allow a woman to marry in Eretz Yisrael on the evidence of one witness," -- only according to the opinion of Rabbi Yehudah ben Bava do they permit a woman to be married on the basis of the testimony of one witness, as is taught in Tractate Eduyot (6:1): "Rabbi Yehudah ben Bava testified... that they allow a woman to marry on the evidence of one witness," but the Sages disagree with him.

And I said to him -- Nehemiah of Bet Deli, "This is so" -- that all the Sages disagree with Rabbi Yehudah ben Bava.

He said to me, "Tell them in my name, You know that the country is overrun by troops -- enemy soldiers, and because it is dangerous to travel I am not able to go to Eretz Yisrael and to testify before the Sages there,

I have a tradition from Rabban Gamliel the Elder that one may allow a woman to marry on the evidence of one witness" -- deliver to them this testimony in my name. And when I came and related the matter before Rabban Gamliel -- in Yavneh, he rejoiced at my words and said, "We have found a colleague for Rabbi Yehudah ben Bava" -- there is another Tanna who testifies in accordance with report of his teaching.

During the conversation Rabban Gamliel recalled that people were killed at Tel Arza, and Rabban Gamliel the Elder allowed their wives to marry on the evidence of one witness. And it was established -- accepted as law, to allow a woman to marry on the evidence of a witness from a witness, i.e., a witness who did not himself see that the husband had died, but heard from his fellow who testified thus; and even on the evidence of a slave, or on the evidence of a woman, or on the evidence of a bondwoman -- even though they are ineligible to give testimony.

Rabbi Eliezer and Rabbi Yehoshua say, One does not allow a woman to marry on the evidence of one witness -- even if he is suitable as a witness, but two suitable witnesses are required.

Rabbi Akiva says, Not on the evidence of a woman, and not on the evidence of a slave and not on the evidence of a bondwoman, and not on the evidence of relatives -- but Rabbi Akiva agrees that they allow a woman to marry on the evidence of one eligible witness.

They -- the Sages, said to him -- Rabbi Akiva, It once happened that certain Levites went to Tzoar, the city of date palms, and one of them fell ill on the way, and they brought him into an inn -- and they left him there, and on their return -- from Tzoar, they said to the woman innkeeper -- who was a non-Jewess (Gemara), "Where is our fellow -- whom we left here?" She said to them, "He died and I buried him" -- and they allowed his wife to marry -- on the basis of the statement of the woman innkeeper, who was merely conversing, unaware of the legal significance of her words.

Based on this, they -- the Sages, said to him -- Rabbi Akiva, And shall not a priest's daughter -- a woman of proper lineage, be believed as a -- this, woman innkeeper -- who was believed by the Sages? I.e., if the Sages believed the gentile woman innkeeper because she spoke innocently, certainly they ought to believe a Jewess.

He said to them, When the woman innkeeper is trustworthy -- i.e., ordinarily, the woman innkeeper is not to be believed, but in this incident the woman innkeeper brought out to them his -- their fellow's, staff, and his bag, and the Torah Scroll which belonged to him -- the Sages believed the woman innkeeper only because she had talked innocently, being unaware of the legal significance of her words, and had also brought out to them his belongings. Another interpretation, cited by Rashi, is: When is the testimony of any woman to be believed as the testimony of this woman innkeeper? When she is like the woman innkeeper who brought out to them his staff, his bag, etc. The Sages relied upon these proofs, and not upon her testimony. However, the halakhah is that they permit the woman to be married on the testimony of one witness; and even of a woman, and even of a relative (excluding the five women listed above 15:4), and a witness quoting a witness, a woman, a slave, a bondwoman, all are believed if they say that so-and-so died, in order to permit his wife to marry, for the Sages were lenient regarding this testimony because of the enactment regarding agunot, as we have explained elsewhere in this Tractate.

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