Torah Community Connections

Week 59 - Wednesday - 10 January 2001

YEVAMOT: CHAPTER 16: MISHNAH 4

If one fell into water, whether it has an end, or does not have an end -- his wife is prohibited. Rabbi Meir said, It once happened that one fell into a large well, and he came up after three days. Rabbi Yose said, It once happened that a blind man went down to immerse himself in a cave, and his guide went down after him, and they remained sufficient time for their souls to leave them -- and their wives were given permission to marry. And further, it once happened in Asya that they let down someone into the sea, and only his leg came up in their hand, the Sages said, From the knee up -- she may be married, from the knee down -- she may not be married.

Kehati

If one fell into the water -- and they saw him drown in the water, whether it has an end -- i.e., a person can stand and see the end of the water on all four sides, or does not have an end -- a person cannot see the shore from all sides, his wife is prohibited -- to be married, for he may have come up from the water and be alive. A baraita quoted in the Gemara states that this is the opinion of Rabbi Meir, but the Sages disagree with him, and they hold that if he fell into water the shore of which is within sight, his wife may be married.

Rabbi Meir said, It once happened that one fell into a large well, and he came up after three days -- to reinforce his opinion, Rabbi Meir cites this occurrence, which demonstrates that a person can remain alive in the water for several days. Therefore, even if he fell into water whose shore is within sight, his wife is prohibited, even though he remained in the water a sufficiently long time for a normal person to drown, and they did not see him surface, for we suspect that he surfaced after several days but was not seen.

Rabbi Yose said, It once happened that a blind man went down to immerse himself in a mikveh in a cave -- which is water which "has an end," and his guide -- the person who led him along, went down after him -- the blind man, and the two of them drowned there, and they remained sufficient time for their -- the people who drowned, souls to leave them -- and they -- the Sages, and their -- the blind man's and his guide's, wives were given permission by the Sages to marry -- hence the wife of a person who drowned in water whose shore is within sight may marry.

And further, it once happened in Asya -- a place name, that they let down someone into the sea -- with ropes, and only his leg came up in their hand -- when they brought him up from the sea, they took out only his leg; the Sages said, If the leg was cut off From the knee up -- she may be married -- for even if he came up from the sea and they did not see him, he could not live in his fatally maimed condition. The commentaries explain she may be married only after twelve months, for it is common knowledge that a fatally maimed person cannot live twelve months (Jer. Talmud; Maggid Mishneh, citing Ramban and Rashba; see also Tosefot Yom Tov). If the leg was cut off from the knee down -- she may not be married -- for he is not considered to have become fatally maimed, and he is capable of living, and he may have come up from the sea and they did not see him, and this is water without an end; she therefore may not be married.

YEVAMOT: CHAPTER 16: MISHNAH 5

Even if he heard women say, "So-and-so died" -- it is sufficient for him. Rabbi Yehudah says, Even if he heard children saying, "We are going to eulogize and bury so-and-so." Whether he intends or he does not intend. Rabbi Yehudah ben Bava says, A Jew -- only if he intends; a non-Jew -- if he intends, his testimony is not testimony.

Kehati

Even if he -- a man, heard women -- who were talking among themselves say, "So-and-so died" -- even if they did not intend to testify, it is sufficient for him -- he may go to the Court and testify based on the statement of the women that so-and-so died, in order to permit his wife to be married. We have already explained that the Sages were lenient regarding this testimony, because of the Rabbinic enactment regarding agunot, for it is presumed that the woman would not marry until she had thoroughly investigated the death of her husband, so that she will not ruin herself afterwards.

Rabbi Yehudah says, Even if he heard children saying, "We are going to eulogize and bury so-and-so" -- the Gemara explains that the mishnah means that the children say, "We are coming (now) from eulogizing and burying so-and-so," and he must also hear them telling details about the eulogy and the burial, e.g., so-and-so and so-and-so eulogized him, they did such-and-such with his coffin, etc. -- in such a case he may base his testimony on them, that so-and-so died, in order to permit his wife to be married.

If a person says that so-and-so died, whether he intends -- to testify, or he does not intend -- to testify, but merely talks, being unaware of the legal significance of his words, his testimony is acceptable to permit, according to his words, the wife of so-and-so to be married.

Rabbi Yehudah ben Bava says, if A Jew -- says that so-and-so died, they permit so-and-so's wife to be married on the basis of his words only if he intends -- this to be testimony; but if a non-Jew -- who says that so-and-so died, if he intends -- this to be testimony, his testimony is no testimony -- and they do not permit her to be married according to his words, but only if he merely talks, being unaware of the legal significance of his words.

According to one version, Rabbi Yehudah ben Bava says, "A Jew, even though he intends" (R. Yitzhak Alfasi; Rabbeinu Asher), which is also the version of the mishnah in the Gemara. This means that Rabbi Yehudah ben Bava teaches mainly that if a non-Jew testifies that so-and-so died, his testimony is invalid, and they do not permit her to be married on the basis of his words, unless he does not intend to give testimony, and merely talks, being unaware of the legal significance of his words. In contrast to the testimony of the non-Jew, Rabbi Yehudah ben Bava says, that a Jew, even if he intends to testify, his testimony is valid (Rabbi H. Albeck, in the additions to his commentary).

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