Yevamot 16

הָאִשָּׁה שֶׁהָלַךְ בַּעְלָהּ וְצָרָתָהּ לִמְדִינַת הַיָּם, וּבָאוּ וְאָמְרוּ לָהּ מֵת בַּעְלֵךְ, לֹא תִנָּשֵׂא וְלֹא תִתְיַבֵּם, עַד שֶׁתֵּדַע שֶׁמָּא מְעֻבֶּרֶת הִיא צָרָתָהּ. הָיְתָה לָהּ חָמוֹת, אֵינָהּ חוֹשֶׁשֶׁת. יָצְתָה מְלֵאָה חוֹשֶׁשֶׁת. רַבִּי יְהוֹשֻׁעַ אוֹמֵר, אֵינָהּ חוֹשֶׁשֶׁת:

If a woman's husband and her tzarah went abroad, and they came and said to her: Your husband died, she may not remarry [(since her husband had left without children)], and she may not be taken in yibum until she knows that her tzarah had not been pregnant, [lest her tzarah had given birth. And if one would ask, let her be given chalitzah and then let her marry "to the marketplace" whatever the case — the gemara answers: A chalutzah is unfit for the priesthood, and if she were given chalitzah and then it were found that her tzarah had borne a "surviving" child and that the chalitzah were meaningless, she would have to be proclaimed as kasher for the priesthood, not having been rendered unfit by that chalitzah. And if one had been present at the chalitzah, but not at the "rescinding" proclamation, and thereafter saw her married to a Cohein, he would say that a chalutzah is permitted to a Cohein.] If she had a mother-in-law [abroad], she need not fear [that she had been "given" a yavam. Even though above we do fear lest her tzarah might have given birth, that is because whatever she bore, male or female, it would release her from yibum; but, as to the mother-in-law, where even if she did bear, the first is yibum-linked only if she bore a son, we entertain the possibility that she might have miscarried, or (even if we assume that she had not miscarried,) that she might have borne a female.] If she (the mother-in-law) went out "full" (i.e., pregnant), she does fear [that she might have been given a yavam.] R. Yehoshua says: She does not fear. [The halachah is not in accordance with R. Yehoshua.]

שְׁתֵּי יְבָמוֹת, זוֹ אוֹמֶרֶת מֵת בַּעְלִי וְזוֹ אוֹמֶרֶת מֵת בַּעְלִי, זוֹ אֲסוּרָה מִפְּנֵי בַעְלָהּ שֶׁל זוֹ וְזוֹ אֲסוּרָה מִפְּנֵי בַעְלָהּ שֶׁל זוֹ. לָזוֹ עֵדִים וְלָזוֹ אֵין עֵדִים, אֶת שֶׁיֶּשׁ לָהּ עֵדִים, אֲסוּרָה. וְאֶת שֶׁאֵין לָהּ עֵדִים, מֻתֶּרֶת. לָזוֹ בָנִים וְלָזוֹ אֵין בָּנִים, אֶת שֶׁיֶּשׁ לָהּ בָּנִים, מֻתֶּרֶת. וְאֶת שֶׁאֵין לָהּ בָּנִים, אֲסוּרָה. נִתְיַבְּמוּ וּמֵתוּ הַיְבָמִין, אֲסוּרוֹת לְהִנָּשֵׂא. רַבִּי אֶלְעָזָר אוֹמֵר, הוֹאִיל וְהֻתְּרוּ לַיְבָמִין, הֻתְּרוּ לְכָל אָדָם:

Two yevamoth [wives of two brothers] — one says: My husband died; the other says: My husband died — the first is forbidden (to remarry) because of the husband of the second, and the second is forbidden because of the husband of the first. [Perhaps he is living and she is linked to him. And even though his wife says that he is dead, she is not believed to permit the other "to the marketplace" by her testimony, one yevamah not testifying for another.] If one has witnesses [that her husband has died] and the other does not have witnesses, the one who has witnesses is forbidden [to marry "to the marketplace"] and the one who has no witnesses is permitted. [She is not forbidden by reason of her husband, for she is believed to say: My husband has died; and she is also not forbidden by reason of her yevamah, for witnesses have come (to testify) that he died.] If one has children and the other does not have children [and neither had witnesses] — the one who has children is permitted, and the one who does not have children is forbidden. If they were taken in yibum [If there were two yavmin here, and they were taken in yibum], and the yavmin died, they are forbidden to marry ["to the marketplace" — one because of the first husband of the second; the second, because of the first husband of the first. Even though both are married to their yavmin on the premise that their husbands have died, it is by their own testimony that they are married. And they were believed, for a woman who says, "My husband has died" is taken in yibum. But now, they are not permitted to marry "to the marketplace." For if they marry "to the marketplace," the testimony of the one will be found to have helped the other, and yevamoth do not testify one for the other.] R. Elazar says: Since they were permitted to the yavmin [on the premise that their husbands have died], they were permitted to marry "to the marketplace," for we do not apprehend any more that they might be alive. (The halachah is not in accordance with R. Elazar.)]

אֵין מְעִידִין אֶלָּא עַל פַּרְצוּף פָּנִים עִם הַחֹטֶם, אַף עַל פִּי שֶׁיֵּשׁ סִימָנִין בְּגוּפוֹ וּבְכֵלָיו. אֵין מְעִידִין אֶלָּא עַד שֶׁתֵּצֵא נַפְשׁוֹ, וַאֲפִלּוּ רָאוּהוּ מְגֻיָּד, וְצָלוּב, וְהַחַיָּה אוֹכֶלֶת בּוֹ. אֵין מְעִידִין אֶלָּא עַד שְׁלֹשָׁה יָמִים. רַבִּי יְהוּדָה בֶּן בָּבָא אוֹמֵר, לֹא כָל הָאָדָם וְלֹא כָל הַמָּקוֹם וְלֹא כָל הַשָּׁעוֹת שָׁוִין:

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.)]

נָפַל לְמַיִם, בֵּין שֶׁיֵּשׁ לָהֶן סוֹף, בֵּין שֶׁאֵין לָהֶן סוֹף, אִשְׁתּוֹ אֲסוּרָה. אָמַר רַבִּי מֵאִיר, מַעֲשֶׂה בְאֶחָד שֶׁנָּפַל לְבוֹר הַגָּדוֹל, וְעָלָה לְאַחַר שְׁלֹשָׁה יָמִים. אָמַר רַבִּי יוֹסֵי, מַעֲשֶׂה בְסוּמָא שֶׁיָּרַד לִטְבֹּל בִּמְעָרָה, וְיָרַד מוֹשְׁכוֹ אַחֲרָיו, וְשָׁהוּ כְדֵי שֶׁתֵּצֵא נַפְשָׁם, וְהִשִּׂיאוּ נְשׁוֹתֵיהֶם. וְשׁוּב מַעֲשֶׂה בְעַסְיָא בְּאֶחָד שֶׁשִּׁלְשְׁלוּהוּ לַיָּם, וְלֹא עָלָה בְיָדָם אֶלָּא רַגְלוֹ, אָמְרוּ חֲכָמִים, מִן הָאַרְכֻּבָּה וּלְמַעְלָה, תִּנָּשֵׂא. מִן הָאַרְכֻּבָּה וּלְמַטָּה, לֹא תִנָּשֵׂא:

If one fell into (a body of) water, whether it has an end or does not have an end, his wife is forbidden (to remarry). R. Meir said: It once happened that a man fell into the great pit and came up after three days. ["water that has an end" — where all four sides are visible around the water; "water that does not have an end" — where one cannot see all around it. R. Meir makes no distinction between the one and the other, but the sages do in the baraitha, saying that (if he fell into) water that has an end, his wife is permitted if he remained there longer than the optimal survival time; and (if he fell into) water that does not have an end, his wife is forbidden, for it may be that he may have come up (on the other side) and continued on, as per R. Yossi in our Mishnah. The halachah is in accordance with the sages. ("And he came up after three days":) R. Meir holds that one can survive in water many days. Therefore, even in water which has an end, where if he emerged he would have been seen, we apprehend that he may have emerged after many days and not been seen. And R. Yossi disagrees and says: "It happened with a certain blind man that he went down to bathe in a cave, etc."; and the instance of a cave is one of water which has an end, and they waited until they would have died and married their wives.] R. Yossi said: It happened with a certain blind man that he went down to bathe in a cave, and his attendant went down after him, and they waited (the amount of time it would take) for them to die, and they married their wives. Another incident (which occurred) in Assia. They lowered someone into the sea and came up only with his leg. The sages said: (If the leg were severed) above the knee-joint, she may remarry; below the knee-joint, she may not remarry. [Since he can live (in that condition), she may not remarry, for it may be that he had emerged and not been seen, it being water that did not have an end.]

אֲפִלּוּ שָׁמַע מִן הַנָּשִׁים אוֹמְרוֹת, מֵת אִישׁ פְּלוֹנִי, דַּיּוֹ. רַבִּי יְהוּדָה אוֹמֵר, אֲפִלּוּ שָׁמַע מִן הַתִּינוֹקוֹת אוֹמְרִים, הֲרֵי אָנוּ הוֹלְכִין לִסְפֹּד וְלִקְבֹר אֶת אִישׁ פְּלוֹנִי, בֵּין שֶׁהוּא מִתְכַּוֵּן וּבֵין שֶׁאֵינוֹ מִתְכַּוֵּן. רַבִּי יְהוּדָה בֶן בָּבָא אוֹמֵר, בְּיִשְׂרָאֵל עַד שֶׁיְּהֵא מִתְכַּוֵּן. וּבְגוֹי, אִם הָיָה מִתְכַּוֵּן, אֵין עֵדוּתוֹ עֵדוּת:

Even if he overheard women saying: "That man died" [(where it is not their intention to testify)], it is sufficient [i.e., he may go to testify to marry his wife.] R. Yehudah says: Even if he overheard children saying: "We are going to mourn and bury that man." [The gemara states that they must say: "We are returning from mourning and burying that man." And he must also hear them speaking about the eulogy, viz.: "These and these rabbis were there, and these and these eulogists were there." For it is the custom of the young to play and to invent names. And it may be that they have buried an ant or a grasshopper, whom they call by the name of a certain man.] (The speaker is believed) whether or not he intended (to testify.) R. Yehudah b. Bava says: With a Jew, (he is not believed) until he intends (to testify); with a gentile, if he intends to testify, his testimony is no testimony.

מְעִידִין לְאוֹר הַנֵּר וּלְאוֹר הַלְּבָנָה, וּמַשִּׂיאִין עַל פִּי בַת קוֹל. מַעֲשֶׂה בְאֶחָד שֶׁעָמַד עַל רֹאשׁ הָהָר וְאָמַר, אִישׁ פְּלוֹנִי בֶן פְּלוֹנִי מִמָּקוֹם פְּלוֹנִי מֵת, הָלְכוּ וְלֹא מָצְאוּ שָׁם אָדָם, וְהִשִּׂיאוּ אֶת אִשְׁתּוֹ. וְשׁוּב מַעֲשֶׂה בְצַלְמוֹן בְּאֶחָד שֶׁאָמַר, אֲנִי אִישׁ פְּלוֹנִי בֶּן אִישׁ פְּלוֹנִי, נְשָׁכַנִי נָחָשׁ, וַהֲרֵי אֲנִי מֵת, וְהָלְכוּ וְלֹא הִכִּירוּהוּ, וְהִשִּׂיאוּ אֶת אִשְׁתּוֹ:

One may testify (to a man's death) by the light of a candle and by the light of the moon, and a woman may remarry on the basis of a voice [(if they heard a voice crying: "This and this man has died!")] Once a man stood on top of a mountain and called out: "This man, the son of this man, from this place died!" They went and found no one there, and they married his wife. Another incident in Tzalmon: A man said: "I am this man, the son of this man. A snake has bitten me, and I am dying." They went (to the spot), but could not recognize him; and they married his wife.

אָמַר רַבִּי עֲקִיבָא, כְּשֶׁיָּרַדְתִּי לִנְהַרְדְּעָא לְעַבֵּר הַשָּׁנָה, מָצָאתִי נְחֶמְיָה אִישׁ בֵּית דְּלִי, אָמַר לִי, שָׁמַעְתִּי שֶׁאֵין מַשִּׂיאִין אֶת הָאִשָּׁה בְאֶרֶץ יִשְׂרָאֵל עַל פִּי עֵד אֶחָד, אֶלָּא רַבִּי יְהוּדָה בֶן בָּבָא. וְנוּמֵתִי לוֹ, כֵּן הַדְּבָרִים. אָמַר לִי, אֱמֹר לָהֶם מִשְּׁמִי, אַתֶּם יוֹדְעִים שֶׁהַמְּדִינָה מְשֻׁבֶּשֶׁת בִּגְיָסוֹת, מְקֻבְּלָנִי מֵרַבָּן גַּמְלִיאֵל הַזָּקֵן, שֶׁמַּשִּׂיאִין אֶת הָאִשָּׁה עַל פִּי עֵד אֶחָד. וּכְשֶׁבָּאתִי וְהִרְצֵיתִי הַדְּבָרִים לִפְנֵי רַבָּן גַּמְלִיאֵל, שָׂמַח לִדְבָרַי, וְאָמַר, מָצָאנוּ חָבֵר לְרַבִּי יְהוּדָה בֶן בָּבָא. מִתּוֹךְ הַדְּבָרִים נִזְכַּר רַבָּן גַּמְלִיאֵל, שֶׁנֶּהֶרְגוּ הֲרוּגִים בְּתֵל אַרְזָא, וְהִשִּׂיא רַבָּן גַּמְלִיאֵל הַזָּקֵן נְשׁוֹתֵיהֶם עַל פִּי עֵד אֶחָד, וְהֻחְזְקוּ לִהְיוֹת מַשִּׂיאִין עַל פִּי עֵד אֶחָד. וְהֻחְזְקוּ לִהְיוֹת מַשִּׂיאִין עֵד מִפִּי עֵד, מִפִּי עֶבֶד, מִפִּי אִשָּׁה, מִפִּי שִׁפְחָה. רַבִּי אֱלִיעֶזֶר וְרַבִּי יְהוֹשֻׁעַ אוֹמְרִים, אֵין מַשִּׂיאִין אֶת הָאִשָּׁה עַל פִּי עֵד אֶחָד. רַבִּי עֲקִיבָא אוֹמֵר, לֹא עַל פִּי אִשָּׁה, וְלֹא עַל פִּי עֶבֶד וְלֹא עַל פִּי שִׁפְחָה, וְלֹא עַל פִּי קְרוֹבִים. אָמְרוּ לוֹ, מַעֲשֶׂה בִבְנֵי לֵוִי שֶׁהָלְכוּ לְצֹעַר עִיר הַתְּמָרִים, וְחָלָה אַחַד מֵהֶם בַּדֶּרֶךְ, וֶהֱבִיאוּהוּ בְפֻנְדָּק, וּבַחֲזָרָתָם אָמְרוּ לַפֻּנְדָּקִית אַיֵּה חֲבֵרֵנוּ, אָמְרָה לָהֶם מֵת וּקְבַרְתִּיו, וְהִשִּׂיאוּ אֶת אִשְׁתּוֹ. אָמְרוּ לוֹ, וְלֹא תְהֵא כֹהֶנֶת כַּפֻּנְדָּקִית. אָמַר לָהֶם, לִכְשֶׁתְּהֵא פֻּנְדָּקִית נֶאֱמֶנֶת. הַפֻּנְדָּקִית הוֹצִיאָה לָהֶם מַקְלוֹ וְתַרְמִילוֹ וְסֵפֶר תּוֹרָה שֶׁהָיָה בְיָדוֹ:

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!"