R. Akiva said: When I went down to Neharda'a to intercalate the year, I found Nechemiah of the house of Dali: He said to me: "I have heard that only according to R. Yehudah b. Bava do they marry a woman in Eretz Yisrael on the testimony of one witness," and I said to him that it is so [i.e., that all his colleagues differ with him]. He said: "Tell them in my name: You know that the country is beleaguered by troops [and that I cannot go to you to testify as to what I have heard, but tell them this in my name:] I have received it from R. Gamliel the elder that they marry a woman on the testimony of one witness." And when I came and set forth these words before R. Gamliel, he rejoiced at my words and said: "We have found a colleague for R. Yehudah b. Bava." In the midst of these words, R. Gamliel remembered that men had been killed at Tel Arza and that R. Gamliel the elder had married their wives on the testimony of one witness; and they accepted it (among themselves) to marry on the testimony of one witness, to marry on the testimony of one witness from (i.e., from overhearing) another witness, from (the testimony of) a bondsman, from a woman, from a bondswoman. R. Eliezer and R. Yehoshua say: We do not marry a woman on the testimony of one witness. R. Akiva says: Not on the testimony of a woman, of a bondsman, or of a bondswoman, or of kin. [And the halachah is as none of them, but we marry a woman on the testimony of a woman and even of kin (except for the five women mentioned in our Mishnah (15:4). And the testimony of a witness from a witness, from a woman, from a bondsman, from a bondswoman is kasher for marrying a woman.] They (the sages) said to him (R. Akiva): It happened with the sons of Levi that when they went to Tzoar, the city of dates, that one of them took sick on the road, whereupon they brought him to an inn. When they returned, they asked the hostess: "Where is our friend?" She answered: "He died and I buried him" — and they married his wife. They said to him: "Should a daughter of the priesthood not be believed as the hostess of an inn!" [That is, should a prestigious Jewess not be believed as a gentile innkeeper! If they believed the gentile woman, speaking casually, they certainly should believe a Jewess!] He answered: "Would that the innkeeper were believed!" [i.e., she, too, is not believed] — "She took out to them his staff, and his traveling bag, and the Torah scroll that he used to carry!"
Bartenura on Mishnah Yevamot
ונומיתי לו – I said to him.
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English Explanation of Mishnah Yevamot
Introduction
The final mishnah of Yevamoth relates some debates between rabbis over the testimony concerning a man’s death. In our mishnah these debates are set within historical frameworks which relate interesting information as to how the Sages made decisions and about the historical period in which they lived.
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Bartenura on Mishnah Yevamot
כן הדברים – for all of his colleagues dispute him.
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English Explanation of Mishnah Yevamot
Rabbi Akiva said: When I went down to Nehardea to intercalate the year, I met Nehemiah of Bet D’li who said to me, “I heard that in the land of Israel no one, permits a [married] woman to marry again on the evidence of one witness, except Rabbi Judah ben Bava”. “That is so”, I told him. He said to me, “Tell them in my name: ‘You know that this country is in confusion because of marauders. I have received a tradition from Rabban Gamaliel the Elder: that they allow a [married] woman to remarry on the evidence of one witness’”. And when I came and recounted the conversation in the presence of Rabban Gamaliel he rejoiced at my words and exclaimed, “We have found a match for Rabbi Judah ben Bava!” As a result of this talk Rabban Gamaliel remembered that some men were once killed at Tel Arza, and that Rabban Gamaliel the Elder had allowed their wives to marry again on the evidence of one witness, and the law was established that they allow a woman to marry again on the evidence of one witness, and on the testimony of one [who states that he has heard] from another witness, from a slave, from a woman or from a female slave. This story takes place when Rabbi Akiva is going to Nehardea, which is in Babylonia, in order to intercalate the year, that is to decide whether an extra month must be added in order to adjust the lunar year to the solar year. Normally intercalation is done only in the land of Israel. This event must have occurred during a time of persecution, when courts could not gather in Israel to deal with calendar issues. In any case, when Rabbi Akiva arrives at Bet D’li a man named Nehemiah asks him if it is true that among the rabbis in Israel, only Rabbi Judah ben Bava rules that a woman may marry based on the testimony of a single witness. When Rabbi Akiva confirms this, Nehemiah apologizes that due to the marauders, he cannot reach the land of Israel to talk to the Israeli sages himself, but that he knows a tradition according to which Rabban Gamaliel the Elder allowed a woman to remarry upon the testimony of one witness. When Rabbi Akiva returns, he relates the tradition to the current patriarch, Rabban Gamaliel (Rabban Gamaliel the Elder’s grandson). Rabban Gamaliel rejoices, for a supporting tradition has been found for Rabbi Judah ben Bava’s tradition. Note that Rabban Gamaliel was previously not willing to accept Rabbi Judah ben Bava’s opinion, even though he obviously approved of it. Only when he learns of a supporting tradition, does he accept that a woman may remarry based on the testimony of one witness. After hearing Nehemiah’s words, Rabban Gamaliel himself remembers hearing of an incident where his grandfather permitted the wives of some fallen soldiers to remarry based on the testimony of one witness. At that precedent-setting incident, several others laws were established regarding testimony over a man’s death. Hearsay was declared acceptable, as was the testimony of women and slaves. That is to say the normal rules of testimony were suspended.
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Bartenura on Mishnah Yevamot
משובשת בגייסות – and I am not able to go to you to testify on what I heart, but rather, say to them: You are who have offered testimony in my name.
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English Explanation of Mishnah Yevamot
Rabbi Eliezer and Rabbi Joshua say: a woman is not be allowed to remarry on the evidence of one witness. Rabbi Akiva ruled: [a woman is not allowed to marry again] on the evidence of a woman, on that of a slave, on that of a female slave or on that of relatives. They said to him: It once happened that a number of Levites went to Tsoar, the city of palms, and one of them became ill on the way, and they left him in an inn. When they returned they asked the [female] innkeeper, “Where is our friend?” And she replied, “He is dead and I buried him”, and they allowed his wife to remarry. Should not then a priest’s wife [be believed at least as much] as an innkeeper!” He answered them: When she will [give such evidence] as the innkeeper [gave] she will be believed, for the innkeeper had brought out to them [the dead man’s] staff, his bag and the Torah scroll which he had with him. This section contains a debate between Rabbis Joshua, Eliezer, Akiva and perhaps other Sages, concerning these halakhot. Rabbi Joshua and Rabbi Eliezer both disagree with the halakhah that seems to have been accepted by everyone in the mishnah, up until this point. They hold that for a woman to remarry she needs two valid witnesses to testify that her husband died. Rabbi Akiva, who lived a generation after Rabbi Joshua and Rabbi Eliezer, and was a student of both of them, agreed partially with them, but also partially with Rabban Gamaliel. According to Rabbi Akiva, women, slaves and relatives cannot testify. However, one witness is sufficient. As a proof against Rabbi Akiva, the other Sages (probably not Rabbi Joshua or Rabbi Eliezer, who lived before Rabbi Akiva) bring a story where an innkeeper testified that someone staying at her inn had died, and the rabbis allowed his wife to remarry. If a mere innkeeper’s testimony is acceptable, then a woman of higher social standing, such as a priest’s wife, can surely testify in such a case. Rabbi Akiva answers that the innkeeper did not merely state that he had died, but she brought out his belongings as well. If the man had been alive, then he would not have left his belongings there. In such a case, where a woman has evidence that he died, she is believed. However, her testimony alone is not sufficient. Despite the fact that the tractate ends by stating that women may not testify about a man’s death, since all of the anonymous mishnayoth above allowed this, and allowed slaves and relatives to testify, as well as hearsay, the accepted halakhah is that all of these are permitted. Indeed, this is a classic case where we can sense that while the earlier tannaim were generally stricter, later tannaim, including the anonymous editors of the mishnah, were more lenient. Congratulations! We have finished Yevamoth. It is a tradition at this point to thank God for helping us to finish learning the tractate and to commit ourselves to going back and relearning it, so that we may not forget it and so that its lessons will stay with us for all of our lives. Tractate Yevamoth was the longest tractate we have yet learned (but it is not the longest in the Mishnah), and parts of it were quite confusing (especially the beginning). For those of you who have learned with us the entire tractate, a hearty Yasher Koach (congratulations). You have accomplished a great deal and you should be proud of yourselves. Many of the principles learned in Yevamoth will appear in other places in the Mishnah, especially in other mishnayoth in Seder Nashim. It will be an especially helpful tractate to remember. Tomorrow we begin to learn Ketuboth.
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Bartenura on Mishnah Yevamot
ר' אליעזר ור' יהושע אומרים כו' ור"ע אומר כו' – but the Halakha is not like one of them bu rather the Halakha is that we marry on the word of a woman and on the word of relatives except for five women that are taught in our Mishnah (see Tractate Yevamot, Chapter 15, Mishnah 4). But on the evidence of a single witness, on the evidence of a woman, on the evidence of a slave, on the evidence of a maid servant is fit for the testimony of a woman.
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Bartenura on Mishnah Yevamot
לא תהא כהנת כפונדקית – meaning to say, of distinguished birth, she is not believed like an heathen inn-hostess, in astonishment, and if they believed the heathen inn-hostess, she makes a statement in ignorance of its legal bearing, all the more so, that they would believe an Israelite woman.
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Bartenura on Mishnah Yevamot
לכתהא פונדקית נאמנת – meaning to say, that the inn-hostess is not believed.
