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Week 59 - Tuesday - 9 January 2001

YEVAMOT: CHAPTER 16: MISHNAH 2

Two sisters-in-law, this one says, "My husband died," and that one says, "My husband died" -- that one is prohibited because of the husband of this one, and this one is prohibited because of the husband of that one. This one had witnesses, and that one does not have witnesses: the one who has witnesses is prohibited, and the one who does not have witnesses is permitted. This one has sons and that one does not have sons: the one who has sons is permitted, and the one who does not have sons is prohibited. If they were married by yibum, and the yevamim died, they are prohibited from marrying. Rabbi Eleazar says, Since they were permitted to the yevamim, they are permitted to any man.

Kehati

Two sisters-in-law -- the wives of two brothers (Reuven and Shimon), who came from overseas, and this one says, "My husband died," and that one says, "My husband died" -- each of them comes and says that her husband died (childless), that one is prohibited because of the husband of this one, and this one is prohibited because of the husband of that one -- each of them is prohibited from marrying other men because of the husband of the other woman, who may be alive, and she therefore is tied to him for yibum. Even though his wife says that he died, she is not believed to permit the other one to others, for a woman is not believed when she testified regarding her sister-in-law (see 15;4, above).

This one -- the wife of Reuven, has witnesses -- that her husband died, and that one -- the wife of Shimon, does not have witnesses -- but merely says, "My husband died": the one -- the wife of Reuven, who has witnesses is prohibited -- from marrying others, since her brother-in-law may (Shimon be alive, for there are no witnesses that he died, and the testimony of her sister-in-law (Shimon's wife) is not effective for canceling her yibum tie, for one sister-in-law may not testify regarding the other; and the one who does not have witnesses -- the wife of Shimon, is permitted -- to others, because she is not prohibited, neither on account of her husband (for she is believed when she says, "My husband died"), nor on account of her yavam, since there are witnesses who testify to the death of her yavam. According to Rambam, even one witness is effective in such a case (Hil. yibum 3:8).

This one -- the wife of Reuven, has sons -- by him, and that one -- the wife of Shimon, does not have sons -- and each one says, "My husband died," and neither one of them has witnesses: the one who has sons -- the wife of Reuven, is permitted -- to marry, for she does not have a yibum tie, because of which she would require the testimony of her sister-in-law, and the one who does not have sons -- the wife of Shimon, is prohibited -- from marrying others, since Reuven may be alive, in which case she is tied to him for yibum, and they do not permit her to cut the tie on her sister-in-law's testimony.

If two sisters-in-law came from overseas, each of them says, "My husband died," and they have neither witnesses nor sons, and they were married by yibum -- to yevamim who are here, in accordance with the law: "she said, 'My husband died' -- she may marry by yibum" (15:1, above), and the yevamim died -- childless, they are prohibited from marrying -- each of them is forbidden to marry because of the husband of her sister-in-law, since he may be alive, and she is tied to him for yibum, and sisters-in-law may not testify regarding each other. And even though the two of them had been married to their yevamim on the presumption that their husbands had died, however they married by yibum only on their own testimony; but now we may permit either to marry others only as the testimony of her sister-in-law, which is inadmissible.

Rabbi Eleazar says, Since they were permitted to the yevamim -- they married by yibum on the presumption that their husbands had died, they are permitted to any man -- we no longer suspect that their husbands are alive. The halakhah does not follow Rabbi Eleazar. If, however, the yevamim who married them by yibum died, and they had children, or if the women had been divorced from the yevamim, then the First Tanna agrees that they are permitted to any man, for even if we fear regarding each one of the women that the husband of the other woman might be alive, now she is prohibited to him (Maggid Mishneh on Rambam, Hil. Yibum 3:9; Tosefot Yom Tov).

YEVAMOT: CHAPTER 16: MISHNAH 3

One may only testify on the basis of the face with the nose, even though there are signs on his body and on his garments. One may not testify unless his soul has gone forth, and even if they saw him cut, or crucified, or being devoured by a beast. One may testify, only during three days. Rabbi Yehudah ben Bava says, Not every man, and not all places, and not all hours are alike.

Kehati

The mishnayot from here until the end of the Tractate discuss the laws of testimony regarding death.

One may only testify -- that a person has died, in order to permit his wife to marry, on the basis of the face with the nose -- that they saw the face of the dead person together with his nose. But if they did not see his face, or if his nose had been removed, one may not testify, since this might be another person, for one may be recognized only by his face with the nose. According to another interpretation, partzuf hapanim refers to the cheeks, and they do not consider either the eyes or the mouth (see Tosefot Yom Tov). A baraita quoted in the Gemara adds the forehead, i.e., one may testify that a person is dead only if he saw his forehead, his cheeks and his nose, even though there are signs on his body -- unreliable signs, e.g., he was small, or tall, or he had a certain skin coloration, and his garments -- even reliable signs, for the garments may have been borrowed. On the basis, however, of reliable signs on his body, e.g., one of his limbs was missing, one may testify.

One may not testify -- that a person has died, unless his soul has gone forth -- and not when they saw him dying, and even if they saw him cut -- dismembered or crucified -- hanging on a tree, or being devoured by a beast trampling and eating him -- only from a part of his body which will not be fatal; in all these cases they do not testify that he has died until they see that his soul has left him.

One may testify -- that a person has died, only during three days -- if they identify him within three days of his death; but after three days their testimony is inadmissible, because the appearance of the corpse changes after three days.

Rabbi Yehudah ben Bava says, Not every man, and not all places, and not all hours are alike -- some people, e.g., a fat man, change quickly after their death, and in some, e.g., hot, places a person changes quickly after his death, and at certain hours, e.g., at noon on a summer day, the corpse changes quickly. Everything is relative, according to the individual person, the specific place, and the specific time, whether to rule more leniently, or stringently. The halakhah does not follow Rabbi Yehudah ben Bava.

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