Testimony is given only on the full face with the nose even though there are (identifying) signs on his body and on his clothing. [If one did not see his full face, or if his nose were missing, he cannot testify (that he is dead) so that his wife can remarry, it being possible that it is not he.] Testimony is not given until his soul departs, even if they saw him meguyad ["cut" (i.e., with severed arteries) as in (Daniel 4:11): "Godu ilana" ("Cut down the tree")], and impaled, and an animal eating him [(only in a place from which the soul does not depart; but in a place from which the soul departs, they may testify that he has died.)] Testimony is given only until three days. [If they did not see him until three days after his death, they do not testify, for it is possible (after that time) that his appearance has changed, and that he is not the one they think him to be.] R. Yehudah b. Bava says: Not every man, and not every place, and not all times are the same. [Some men (such as those who are obese) swell rapidly. And there are places (such as hot places) where a body decays and changes more quickly. And there are times when it is hot, when decay and change are more rapid — all according to the man, the place, and the time. (The halachah is not in accordance with R. Yehudah.)]
Bartenura on Mishnah Yevamot
פרצוף פנים עם החוטם – if he did not see him with the appearance of his face or that his nose was taken , we don’t testify to permit [someone else] to marry his wife, for perhaps it is not him.
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English Explanation of Mishnah Yevamot
Introduction
This mishnah provides rules of what a witness needs to see in order to testify that someone is dead.
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Bartenura on Mishnah Yevamot
מגוייד – dissected like [Daniel 4:14]: “Hew down the tree, [lop off is branches].”
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English Explanation of Mishnah Yevamot
They are allowed to testify only about the face with the nose, even though there were also marks on the man’s body or clothing. A person is identifiable only through his face and his nose. Therefore, if someone sees other parts of his body or face, but not his face and nose, he cannot testify that the person is dead.
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Bartenura on Mishnah Yevamot
או חיה אוכלת בו – specifically in he place where his soul does not depart from [his body], but if it in the place where the soul departs, he testifies about him that he has died.
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English Explanation of Mishnah Yevamot
They are allowed to testify only when his soul has departed, even though they have seen him cut up or crucified or being devoured by a wild beast. The person must already be dead in order to establish testimony of his death. It is not sufficient to see him being cut up, crucified or devoured by a wild beast. Even though his imminent death in these situations is nearly certain, this is not sufficient.
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Bartenura on Mishnah Yevamot
אין מעידין אלא עד ג' ימים – if they did not see him until after three days of his death, we don’t testify regarding him, for we suspect lest the appearance of his face has changed and this [individual] is not that whom they think [that it is].
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English Explanation of Mishnah Yevamot
They are allowed to testify only [if they saw the body] within three days [of death]. The witness must testify within three days of the death. Otherwise the body may begin to decompose and identity cannot be provided with certainty.
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Bartenura on Mishnah Yevamot
ר' יהודה בן בבא אומר לא כל אדם וכו' – there are people who speedily blows/swells up, such as a heavy persn, and there is a place where a person speedily decomposes and to change, such as in a hot place, and there is a time when the world is hot and a person speedily decomposes and changes, and everything is according to the individual, and the place and the time, whether for leniency or for stringency and the Halakha is not according to Rabbi Yehuda.
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English Explanation of Mishnah Yevamot
Rabbi Judah ben Baba says: not all men, all places, or all times are alike. According to Rabbi Judah ben Baba it is impossible to set uniform rules for identifying bodies. Some men’s faces will change quicker than others at death, in some places decomposition will take place quicker, and much depends on the time of year as well (rain or sun). Therefore each situation must be ruled upon based on the circumstances of that situation.
