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Today's Daf Yomi

February 3, 2015 | 讬状讚 讘砖讘讟 转砖注状讛

  • Masechet Yevamot is sponsored by Ahava Leibtag and family in memory of her grandparents, Leo and Esther Aaron. "They always stressed the importance of a Torah life, mesorah and family. May their memory always be a blessing for their children, grandchildren, great-grandchildren and great-great grandchildren".

  • This month's learning is sponsored by Joanna Rom and Steven Goldberg in loving memory of Steve's mother Shirley "Nana" Goldberg (Sura Tema bat Chaim v'Hanka)

Yevamot 122

转诇转讗 专讬讙诇讬 讗诪专 诇讛 专讘 讗讚讗 讘专 讗讛讘讛 讝讬诇 诇拽诪讬讛 讚专讘 讬讜住祝 讚讞专讬祝 住讻讬谞讗

for three pilgrim Festivals, on which the Sages gather together to study, but he could not resolve this uncertainty on any of those occasions. Rav Adda bar Ahava said to her: Go before Rav Yosef, whose knife is sharp, i.e., he has keen insight into halakhic matters, and ask him to decide your case.

讗讝诇讛 拽诪讬讛 驻砖讟 诪讛讗 诪转谞讬转讬谉 讙讜讬 砖讛讬讛 诪讜讻专 驻讬专讜转 讘砖讜拽 讜讗诪专 驻讬专讜转 讛诇诇讜 砖诇 注专诇讛 讛谉 砖诇 注讝讬拽讛 讛谉 砖诇 谞讟注 专讘注讬 讛谉 诇讗 讗诪专 讻诇讜诐 诇讗 谞转讻讜讜谉 讗诇讗 诇讛砖讘讬讞 诪拽讞讜

She went before him and he resolved the case based on this baraita: With regard to a gentile who was selling fruit at the market and said: These fruits are from the first three years of the tree鈥檚 growth [orla]; or they are from Azeka, i.e., land tilled on the Sabbatical Year, the produce of which it is prohibited to eat; or they are fourth-year produce, which it is prohibited to eat outside of Jerusalem, he has said nothing of consequence. His statement is not deemed credible, since it is possible that he intended only to enhance the reputation of his goods, as he thought that his produce would fetch a higher price if he described it in that fashion. Rav Yosef derived from this baraita that in the case of the missing Jew, the gentile鈥檚 statement could not be relied upon, as he may have stated it only to promote his own agenda.

讗讘讗 讬讜讚谉 讗讬砖 爪讬讬讚谉 讗诪专 诪注砖讛 讘讬砖专讗诇 讜讙讜讬 砖讛诇讻讜 讘讚专讱 讜讘讗 讙讜讬 讜讗诪专 讞讘诇 注诇 讬讛讜讚讬 砖讛讬讛 注诪讬 讘讚专讱 砖诪转 讘讚专讱 讜拽讘专转讬讜 讜讛砖讬讗讜 讗砖转讜

Abba Yudan of Sidon said: An incident occurred involving a Jew and a gentile who traveled on the road, and later the gentile came and said: Alas for the Jew who was with me on the road, for he died, and I buried him. And the Sages relied upon this statement and allowed his wife to marry.

讜砖讜讘 诪注砖讛 讘拽讜诇专 砖诇 讘谞讬 讗讚诐 砖讛讬讜 诪讛诇讻讬谉 诇讗谞讟讜讻讬讗 讜讘讗 讙讜讬 讗讞讚 讜讗诪专 讞讘诇 注诇 拽讜诇专 砖诇 讘谞讬 讗讚诐 砖诪转讜 讜拽讘专转讬诐 讜讛砖讬讗讜 讗转 谞砖讜转讬讛诐 讜砖讜讘 诪注砖讛 讘砖砖讬诐 讘谞讬 讗讚诐 砖讛讬讜 诪讛诇讻讬谉 诇讻专讻讜诐 讘讬转专 讜讘讗 讙讜讬 讜讗诪专 讞讘诇 注诇 砖砖讬诐 讘谞讬 讗讚诐 砖讛讬讜 诪讛诇讻讬谉 讘讚专讱 讘讬转专 砖诪转讜 讜拽讘专转讬诐 讜讛砖讬讗讜 讗转 谞砖讜转讬讛诐

And there was another incident involving a group of people who had been taken prisoner, each of whom was shackled with a collar [kolar] around his neck, and they were walking to Antokhya. And some time later a certain gentile came and said: Alas for the group of collared people, for they died, and I buried them. And the Sages allowed their wives to marry. And there was yet another incident involving sixty people who were walking to the siege [karkom] of Beitar, and later a gentile came and said: Alas for those sixty people who were walking on the road to Beitar, for they died, and I buried them. And the Sages allowed their wives to marry.

诪转谞讬壮 诪注讬讚讬谉 诇讗讜专 讛谞专 讜诇讗讜专 讛诇讘谞讛 讜诪砖讬讗讬谉 注诇 驻讬 讘转 拽讜诇 诪注砖讛 讘讗讞讚 砖注诪讚 注诇 专讗砖 讛讛专 讜讗诪专 讗讬砖 驻诇讜谞讬 讘谉 驻诇讜谞讬 诪诪拽讜诐 驻诇讜谞讬 诪转 讛诇讻讜 讜诇讗 诪爪讗讜 砖诐 讗讚诐 讜讛砖讬讗讜 讗转 讗砖转讜

MISHNA: Witnesses may testify that an individual died even if they saw his corpse only by candlelight or by moonlight. And the court may allow a woman to marry based on the statement of a disembodied voice proclaiming that her husband died. There was an incident with regard to a certain individual who stood at the top of a mountain and said: So-and-so, son of so-and-so, from such and such a place died. They went and found no person there, but even so they relied upon the statement and allowed the wife of the individual declared dead to marry.

讜砖讜讘 诪注砖讛 讘爪诇诪讜谉 讘讗讞讚 砖讗诪专 讗谞讬 讗讬砖 驻诇讜谞讬 讘谉 讗讬砖 驻诇讜谞讬 谞砖讻谞讬 谞讞砖 讜讛专讬 讗谞讬 诪转 讜讛诇讻讜 讜诇讗 讛讻讬专讜讛讜 讜讛诇讻讜 讜讛砖讬讗讜 讗转 讗砖转讜

And there was another incident in Tzalmon, a city in the Galilee, where a particular man said: I am so-and-so, son of so-and-so. A snake bit me and I am dying. And they went and found his corpse but could not recognize him, yet they went ahead and allowed his wife to marry based on what he said in his dying moments.

讙诪壮 讗诪专 专讘讛 讘专 砖诪讜讗诇 转谞讗 讘讬转 砖诪讗讬 讗讜诪专讬诐 讗讬谉 诪砖讬讗讬谉 注诇 驻讬 讘转 拽讜诇 讜讘讬转 讛诇诇 讗讜诪专讬诐 诪砖讬讗讬谉 注诇 驻讬 讘转 拽讜诇 诪讗讬 拽讗 诪砖诪注 诇谉 诪转谞讬转讬谉 讛讬讗 讛讗 拽讗 诪砖诪注 诇谉 讚讗讬 诪砖转讻讞转 住转诪讗 讚讗讬谉 诪砖讬讗讬谉 讘讬转 砖诪讗讬 讛讬讗

GEMARA: Rabba bar Shmuel said: It was taught in a baraita that Beit Shammai say: The judges of a court may not allow a woman to marry based on the statement of a disembodied voice; they require actual testimony. And Beit Hillel say: The judges may allow a woman to marry based on the statement of a disembodied voice. The Gemara asks: What is Rabba bar Shmuel teaching us here? This is simply our mishna, since the decisive ruling follows Beit Hillel鈥檚 opinion. The Gemara answers that he teaches us this: That if an anonymous mishna or baraita is found that states that the judges may not allow a woman to marry under such circumstances, it is simply the opinion of Beit Shammai, and is not the accepted ruling.

讜讛诇讻讜 讜诇讗 诪爪讗讜 讜讚诇诪讗 砖讚 讛讜讛 讗诪专 专讘 讬讛讜讚讛 讗诪专 专讘 砖专讗讜 诇讜 讚诪讜转 讗讚诐 讗讬谞讛讜 谞诪讬 讚诪讜 讚讞讝讜 诇讬讛 讘讘讜讗讛

With regard to the incident where they heard a disembodied voice but went and found no person there, which is mentioned in the mishna, the Gemara asks: Perhaps it was a demon. Rav Yehuda said that Rav said: They saw that he had the form of a person, so they knew it was not a demon. The Gemara asks: They, i.e., demons, also appear similar to people. The Gemara answers: They saw that he had a shadow.

讜讗讬谞讛讜 谞诪讬 讗讬转 诇讛讜 讘讘讜讗讛 讚讞讝讜 诇讬讛 讘讘讜讗讛 讚讘讘讜讗讛 讜讚诇诪讗 诇讚讬讚讛讜 讗讬转 诇讛讜 讘讘讜讗讛 讚讘讘讜讗讛 讗诪专 专讘讬 讞谞讬谞讗 讗诪专 诇讬 讬讜谞转谉 砖讬讚讗 讘讘讜讗讛 讗讬转 诇讛讜 讘讘讜讗讛 讚讘讘讜讗讛 诇讬转 诇讛讜

The Gemara asks: But they also have a shadow. The Gemara answers: It was a case where they saw that he had a shadow of a shadow. The Gemara asks: But perhaps they also have a shadow of a shadow? Rabbi 岣nina said: Yonatan the demon expert said to me: They have a shadow, but they do not have a shadow of a shadow.

讜讚诇诪讗 爪专讛 讛讜讗讬 转谞讗 讚讘讬 专讘讬 讬砖诪注讗诇 讘砖注转 讛住讻谞讛 讻讜转讘讬谉 讜谞讜转谞讬谉 讗祝 注诇 驻讬 砖讗讬谉 诪讻讬专讬谉

The Gemara asks: And perhaps it was a rival wife, or some other enemy of that man鈥檚 wife, who cried out that her husband was dead and then fled, in order to trick her into disgracing herself by remarrying while her husband was still alive? The Gemara answers: The school of Rabbi Yishmael taught: During a period of danger, one may write and give a bill of divorce to a woman, although the witnesses do not know the husband, because we do not raise many suspicions at such a time. This case was similar to a period of danger in that they did not find witnesses that her husband died, and therefore the court did not require further clarification.

诪转谞讬壮 讗诪专 专讘讬 注拽讬讘讗 讻砖讬专讚转讬 诇谞讛专讚注讗 诇注讘专 讛砖谞讛 诪爪讗转讬 谞讞诪讬讛 讗讬砖 讘讬转 讚诇讬 讗诪专 诇讬 砖诪注转讬 砖讗讬谉 诪砖讬讗讬谉 讗转 讛讗砖讛 讘讗专抓 讬砖专讗诇 注诇 驻讬 注讚 讗讞讚 讗诇讗 讬讛讜讚讛 讘谉 讘讘讗 讜谞讜诪讬转讬 诇讜 讻谉 讛讚讘专讬诐 讗诪专 诇讬 讗诪讜专 诇讛诐 诪砖诪讬 讗转诐 讬讜讚注讬诐 砖讛诪讚讬谞讛 诪砖讜讘砖转 讘讙讬讬住讜转 诪拽讜讘诇谞讬 诪专讘谉 讙诪诇讬讗诇 讛讝拽谉 砖诪砖讬讗讬谉 讗转 讛讗砖讛 注诇 驻讬 注讚 讗讞讚

MISHNA: Rabbi Akiva said: When I descended to Neharde鈥檃, in Babylonia, to intercalate the year, I found the Sage Ne岣mya of Beit D鈥檒i. He said to me: I heard that the Sages in Eretz Yisrael do not allow a woman to remarry based on the testimony of a single witness, except for Yehuda ben Bava. And I told him: That is so. He said to me: Tell the Sages in my name: You know that the country is confounded by army troops, and I cannot come myself. I declare that I received this tradition from Rabban Gamliel the Elder, that the court may allow a woman to remarry based on the testimony of a single witness.

讜讻砖讘讗转讬 讜讛专爪讬转讬 讛讚讘专讬诐 诇驻谞讬 专讘谉 讙诪诇讬讗诇 砖诪讞 诇讚讘专讬 讜讗诪专 诪爪讗谞讜 讞讘专 诇专讘讬 讬讛讜讚讛 讘谉 讘讘讗

Rabbi Akiva continues: And when I came and presented the matter before Rabban Gamliel of Yavne, the grandson of Rabban Gamliel the Elder, he rejoiced at my words and said: We have found a companion who agrees with Rabbi Yehuda ben Bava, and since his lenient opinion is no longer the opinion of a lone Sage, it may now be relied upon.

诪转讜讱 讛讚讘专 谞讝讻专 专讘谉 讙诪诇讬讗诇 砖谞讛专讙讜 讛专讜讙讬诐 讘转诇 讗专讝讗 讜讛砖讬讗 专讘谉 讙诪诇讬讗诇 谞砖讜转讬讛谉 注诇 驻讬 注讚 讗讞讚 讜讛讜讞讝拽讜 诇讛讬讜转 诪砖讬讗讬谉 注讚 诪驻讬 注讚 诪驻讬 注讘讚 诪驻讬 讗砖讛 诪驻讬 砖驻讞讛 专讘讬 讗诇讬注讝专 讜专讘讬 讬讛讜砖注 讗讜诪专讬诐 讗讬谉 诪砖讬讗讬谉 讗转 讛讗砖讛 注诇 驻讬 注讚 讗讞讚 专讘讬 注拽讬讘讗 讗讜诪专 诇讗 注诇 驻讬 讗砖讛 讜诇讗 注诇 驻讬 注讘讚 讜诇讗 注诇 驻讬 砖驻讞讛 讜诇讗 注诇 驻讬 拽专讜讘讬诐

As a result of this event, Rabban Gamliel remembered that people were murdered in Tel Arza, and Rabban Gamliel then allowed their wives to remarry based on only one witness. And from then onward they established as protocol to allow a woman to remarry based on hearsay testimony, a slave鈥檚 testimony, a woman鈥檚 testimony, or a maidservant鈥檚 testimony. Rabbi Eliezer and Rabbi Yehoshua say: The court may not allow a woman to remarry based on only one witness. Rabbi Akiva says: The court may not allow a woman to marry based on the testimony of a woman, nor based on the testimony of a slave, nor based on the testimony of a maidservant, nor based on the testimony of close relatives.

讙诪壮 讜住讘专 专讘讬 注拽讬讘讗 注诇 驻讬 讗砖讛 诇讗 讜讛转谞讬讗 专讘讬 砖诪注讜谉 讘谉 讗诇注讝专 讗讜诪专 诪砖讜诐 专讘讬 注拽讬讘讗 讗砖讛 谞讗诪谞转 诇讛讘讬讗 讙讬讟讛 诪拽诇 讜讞讜诪专 讜诪讛 谞砖讬诐 砖讗诪专讜 讞讻诪讬诐 讗讬谉 谞讗诪谞讜转 诇讜诪专 诪转 讘注诇讛 谞讗诪谞讜转 诇讛讘讬讗 讙讬讟讬讛谉 讝讜 砖谞讗诪谞转 诇讜诪专 诪转 讘注诇讛 讗讬谞讜 讚讬谉 砖谞讗诪谞转 诇讛讘讬讗 讙讬讟讛

GEMARA: The Gemara asks: Does Rabbi Akiva hold that the court may not allow a woman to remarry based on another woman鈥檚 testimony? But isn鈥檛 it taught in a baraita: Rabbi Shimon ben Elazar says in the name of Rabbi Akiva: A woman is trusted to bring her own bill of divorce and affirm in court that it was written and signed properly, and that trust is based on the following a fortiori inference: If women, e.g., a rival wife, whom the Sages said are not deemed credible to say that another woman鈥檚 husband died, are nevertheless trusted to bring their bills of divorce, then is it not logical that this woman herself, who is deemed credible to say that her husband died, should be trusted to bring her own bill of divorce?

谞砖讬诐 砖讗诪专讜 讞讻诪讬诐 讛讜讗 讚诇讗 诪讛讬诪谞讬 讗砖讛 讘注诇诪讗 诪讛讬诪谞讗 诇讗 拽砖讬讗 讻讗谉 拽讜讚诐 砖讛讞讝讬拽讜 讻讗谉 诇讗讞专 砖讛讞讝讬拽讜

This statement indicates that according to Rabbi Akiva, it is specifically the women who the Sages mentioned who are not deemed credible. In general, a woman is deemed credible, and another woman is permitted to remarry on the basis of her testimony. The Gemara answers: This is not difficult. Here, where Rabbi Akiva disqualified the testimony of a woman, it was before they established the protocol that a woman may be permitted to remarry on the basis of another woman鈥檚 testimony. There, where he allowed it, it was after they established that protocol.

诪转谞讬壮 讗诪专讜 诇讜 诪注砖讛 讘讘谞讬 诇讜讬 砖讛诇讻讜 诇爪讜注专 注讬专 讛转诪专讬诐 讜讞诇讛 讗讞讚 诪讛诐 讜讛讘讬讗讜讛讜 讘驻讜谞讚拽 讜讘讞讝专转诐 讗诪专讜 诇驻讜谞讚拽讬转 讗讬讛 讞讘专谞讜 谞讜诪讬转 诇讛诐 诪转 讜拽讘专转讬讜 讜讛砖讬讗讜 讗转 讗砖转讜 讜诇讗 转讛讗 讻讛谞转 讻驻讜谞讚拽讬转

MISHNA: They said to Rabbi Akiva: Do we not rely upon a woman鈥檚 testimony? After all, an incident occurred involving Levites who traveled to Tzoar, the city of date palms. And one of them became ill, and they brought him to an inn [pundak] to rest, while they continued on their travels. Upon their return to the inn they said to the innkeeper, who was a woman: Where is our friend? She told them: He died, and I buried him. And based on her testimony they allowed his wife to remarry. And shouldn鈥檛 a priestess, or any Jewish woman who testifies that a man died, be deemed as credible as an innkeeper?

讗诪专 诇讛讜 诇讻砖转讛讗 讻驻讜谞讚拽讬转 谞讗诪谞转 讛驻讜谞讚拽讬转 讛讜爪讬讗讛 诇讛诐 诪拽诇讜 讜转专诪讬诇讜 讜住驻专 转讜专讛 砖讛讬讛 讘讬讚讜

Rabbi Akiva said to them: When a woman will be as convincing as the innkeeper, then she shall also be deemed credible. The innkeeper brought them his staff, and his bag, and the Torah scroll that was in his possession, thereby providing supporting evidence to reinforce her claim.

讙诪壮 诪讗讬 讙专讬注讜转讗 讚驻讜谞讚拽讬转 讗诪专 专讘 讻讛谞讗 驻讜谞讚拽讬转 讙讜讬讛 讛讬转讛 讜诪住讬讞讛 诇驻讬 转讜诪讛 讛讬转讛 讝讛 诪拽诇讜 讜讝讛 转专诪讬诇讜 讜讝讛 拽讘专 砖拽讘专转讬讜 讘讜 讜讻谉 转谞讬 讗讘讗 讘专讬讛 讚专讘 诪谞讬讜诪讬 讘专 讞讬讬讗 驻讜谞讚拽讬转 讙讜讬讛 讛讬转讛 讜诪住讬讞讛 诇驻讬 转讜诪讛 讛讬转讛 讝讛 诪拽诇讜 讜讝讛 转专诪讬诇讜 讜讝讛 拽讘专 砖拽讘专转讬讜 讘讜

GEMARA: The mishna assumed that an innkeeper is less trustworthy than an ordinary woman, such that the Rabbis argued that if the innkeeper was deemed credible, it should be obvious that an ordinary woman should be deemed credible. The Gemara asks: What was unfavorable about the innkeeper that made her less trustworthy than an ordinary woman? Rav Kahana said: She was a gentile innkeeper, and she was therefore deemed credible only because she was speaking offhandedly when she said that the man died and this is his staff, and this is his bag, and this is the grave in which I buried him. And similarly, Abba, son of Rav Minyumi, son of 岣yya, taught: She was a gentile innkeeper, and she was speaking offhandedly, saying that this is his staff, and this is his bag, and this is the grave in which I buried him.

讜讛讗 讗讬讛 讞讘专谞讜 拽讗诪专讬 诇讛 讻讬讜谉 讚讞讝讬转讬谞讛讜 讘讻讬讗 讗诪专讜 诇讛 讗讬讛 讞讘专谞讜 讗诪专讛 诇讛诐 诪转 讜拽讘专转讬讜

But didn鈥檛 they say to her: Where is our friend? This indicates that she was answering their question rather than speaking offhandedly. The Gemara explains: Once she saw them, she cried. They said to her: Where is our friend? Then she said to them: He died, and I buried him. Since she cried before being questioned, the crying was considered the beginning of her account, and she is considered to have been speaking offhandedly.

转谞讜 专讘谞谉 诪注砖讛 讘讗讚诐 讗讞讚 砖讘讗 诇讛注讬讚 注诇 讛讗砖讛 诇驻谞讬 专讘讬 讟专驻讜谉 讗诪专 诇讜 讘谞讬 讛讬讗讱 讗转讛 讬讜讚注 讘注讚讜转 讗砖讛 讝讜 讗诪专 讗谞讬 讜讛讜讗 讛讬讬谞讜 讛讜诇讻讬诐 讘讚专讱 讜专讚祝 讗讞专讬谞讜 讙讬讬住 讜谞转诇讛 讘讬讬讞讜专 砖诇 讝讬转 讜驻砖讞讜 讜讛讞讝讬专 讗转 讛讙讬讬住 诇讗讞讜专讬讜

The Sages taught: An incident occurred involving a certain individual who came to testify before Rabbi Tarfon with regard to a woman whose husband had died. He said to him: My son, how do you come to know testimony that the husband of this woman died? He said: He and I were traveling on the road together, and a troop of soldiers chased after us. He hung onto an olive branch, and tore it off to use as a heavy staff to intimidate the soldiers, and forced the troop to withdraw.

讗诪专转讬 诇讜 讗专讬讛 讬讬砖专 讻讞讱 讗诪专 诇讬 诪谞讬谉 讗转讛 讬讜讚注 砖讗专讬讛 砖诪讬 讻讱 拽讜专讬谉 讗讜转讬 讘注讬专讬 讬讜讞谞谉 讘专讘讬 讬讛讜谞转谉 讗专讬讛 讚诪讻驻专 砖讬讞讬讗 诇讬诪讬诐 讞诇讛 讜诪转 讜讛砖讬讗 专讘讬 讟专驻讜谉 讗转 讗砖转讜

After this heroic act I said to him, admiring his bravery: Lion [arye], may your strength continue to be firm. He said to me: From where do you know that my name is Arye? That is what they call me in my city: Yo岣nan, son of Rabbi Yehonatan, the lion from the village Shi岣yya. After a while, he fell sick and died, and consequently the fellow traveler knew his name and could testify about him. And Rabbi Tarfon allowed his wife to marry based on this testimony.

讜专讘讬 讟专驻讜谉 诇讗 讘注讬 讚专讬砖讛 讜讞拽讬专讛 讜讛转谞讬讗 诪注砖讛 讘讗讚诐 讗讞讚 砖讘讗 诇驻谞讬 专讘讬 讟专驻讜谉 诇讛注讬讚 注讚讜转 讗砖讛 讗诪专 诇讜 讘谞讬 讛讬讗讱 讗转讛 讬讜讚注 注讚讜转 讝讜 讗诪专 诇讜 讗谞讬 讜讛讜讗 讛讬讬谞讜 讛讜诇讻讬谉 讘讚专讱 讜专讚祝 讗讞专讬谞讜 讙讬讬住 讜谞转诇讛 讘讬讬讞讜专 转讗谞讛 讜驻砖讞讜 讜讛讞讝讬专 讗转 讛讙讬讬住 诇讗讞讜专讬讜 讗诪专转讬 诇讜 讬讬砖专 讻讞讱 讗专讬讛 讗诪专 诇讬 讬驻讛 讻讜讜谞转 诇砖诪讬 砖讻讱 拽讜专讬谉 讗讜转讬 讘注讬专讬 讬讜讞谞谉 讘谉 讬讜谞转谉 讗专讬讛 讚诪讻驻专 砖讬讞讬讗 诇讬诪讬诐 讞诇讛 讜诪转

The Gemara asks: But didn鈥檛 Rabbi Tarfon require inquiry and interrogation of the witness? Isn鈥檛 it taught in a baraita: An incident occurred involving a certain person who came before Rabbi Tarfon to present testimony that a woman鈥檚 husband died. He said to him: My son, how do you know this testimony? He told him: He and I were traveling on the road together, and a troop of soldiers chased after us. He hung onto a fig branch, and tore it off, and forced the troop to withdraw by intimidating the soldiers with the branch. I said to him: May your strength continue to be firm, lion. He said to me: You have intuited my name well, for that is what they call me in my city: Yo岣nan, son of Yonatan, the lion from the village Shi岣yya. The man concluded his story: After a while, he fell sick and died.

讗诪专 诇讜 诇讗 讻讱 讗诪专转 诇讬 讬讜讞谞谉 讘谉 讬讜谞转谉 讚诪讻驻专 砖讬讞讬讗 讗专讬讛 讗诪专 诇讬讛 诇讗 讗诇讗 讻讱 讗诪专转讬 诇讱 讬讜讞谞谉 讘谉 讬讜谞转谉 讗专讬讛 讚诪讻驻专 砖讬讞讬讗 讜讚拽讚拽 注诇讬讜 砖谞讬诐 讜砖诇砖讛 驻注诪讬诐 讜讻讬讜谉 讗转 讚讘专讬讜 讜讛砖讬讗 专讘讬 讟专驻讜谉 讗转 讗砖转讜

Rabbi Tarfon said to him, in order to check his story: Did you not tell me that the dead man said that his name was Yo岣nan, son of Yonatan, from the village Shi岣yya, which is called Lion? He replied to him: No. Rather, this is what I told you: He told me that he is called Yo岣nan, son of Yonatan, the lion from the village Shi岣yya. Then Rabbi Tarfon cross-examined him in this manner two or three times, and the witness repeatedly kept his statements consistent, so Rabbi Tarfon allowed his wife to marry. In this version of the story, the mere report of events does not seem sufficient. An interrogation of the witness is also necessary.

转谞讗讬 讛讬讗 讚转谞讬讗 讗讬谉 讘讜讚拽讬谉 注讚讬 谞砖讬诐 讘讚专讬砖讛 讜讞拽讬专讛 讚讘专讬 专讘讬 注拽讬讘讗 专讘讬 讟专驻讜谉 讗讜诪专 讘讜讚拽讬谉

The Gemara answers: This is a dispute between tanna鈥檌m, as it is taught in a baraita: The court does not examine witnesses who give testimony concerning the marital status of women by means of the standard procedures of inquiry and interrogation; this is the statement of Rabbi Akiva. Rabbi Tarfon says: The court must examine them utilizing these means.

讜拽诪讬驻诇讙讬 讘讚专讘讬 讞谞讬谞讗 讚讗诪专 专讘讬 讞谞讬谞讗 讚讘专 转讜专讛 讗讞讚 讚讬谞讬 诪诪讜谞讜转 讜讗讞讚 讚讬谞讬 谞驻砖讜转 讘讚专讬砖讛 讜讞拽讬专讛 砖谞讗诪专 诪砖驻讟 讗讞讚 讬讛讬讛 诇讻诐

The Gemara comments: And they disagree about the statement of Rabbi 岣nina, as Rabbi 岣nina said: By Torah law, both cases of monetary law and cases of capital law require scrutiny by means of inquiry and interrogation of witnesses, as it is stated: 鈥淵ou shall have one law鈥 (Leviticus 24:22), indicating that the legal procedures must be the same for each area of halakha. Consequently, since inquiry and interrogation are required for capital law (Deuteronomy 13:15), they are required for cases of monetary law as well.

讜诪讛 讟注诐 讗诪专讜 讚讬谞讬 诪诪讜谞讜转 讗讬谉 爪专讬讻讬谉 讚专讬砖讛 讜讞拽讬专讛 砖诇讗 转谞注讜诇 讚诇转 讘驻谞讬 诇讜讬谉

And for what reason did the Sages say that cases of monetary law do not require inquiry and interrogation of witnesses? So as not to lock the door in the face of potential borrowers. If the procedures for litigation in cases of monetary law were too rigorous, people would be very hesitant to lend money.

讜讘诪讗讬 拽诪讬驻诇讙讬 诪专 住讘专 讻讬讜谉 讚讗讬讻讗 讻转讜讘讛 诇诪砖拽诇 讻讚讬谞讬 诪诪讜谞讜转 讚诪讬 讜诪专 住讘专 讻讬讜谉 讚拽讗 砖专讬谞谉 讗砖转 讗讬砖 诇注诇诪讗 讻讚讬谞讬 谞驻砖讜转 讚诪讬

And with regard to what do they disagree in the case of testimony that allows a woman to remarry? They disagree as follows: One Sage, Rabbi Akiva, holds that since there is the payment of the marriage contract for the woman to take when her husband dies, it is considered to be like cases of monetary law and does not require inquiry and interrogation procedures. And one Sage, Rabbi Tarfon, holds that since, based on this testimony, we permit a previously married woman to marry anyone in the world, and if her previous husband is still alive, her subsequent relationship will be considered adultery, which is a capital offense, it is considered to be like cases of capital law, which require the inquiry and interrogation procedures.

讗诪专 专讘讬 讗诇注讝专 讗诪专 专讘讬 讞谞讬谞讗 转诇诪讬讚讬 讞讻诪讬诐 诪专讘讬诐 砖诇讜诐 讘注讜诇诐 砖谞讗诪专 讜讻诇 讘谞讬讱 诇诪讜讚讬 讛壮 讜专讘 砖诇讜诐 讘谞讬讱

The tractate finishes on a positive note: Rabbi Elazar said that Rabbi 岣nina said: Torah scholars increase peace in the world, as it is stated: 鈥淎nd all your children shall be taught of the Lord, and great shall be the peace of your children鈥 (Isaiah 54:13). This indicates that because the children will be Torah scholars, who are taught of the Lord and His Torah, they will live in great peace, and peace will thereby be increased for the entire world.

讛讚专谉 注诇讱 讛讗砖讛 讘转专讗 讜住诇讬拽讗 诇讛 诪住讻转 讬讘诪讜转

 

  • Masechet Yevamot is sponsored by Ahava Leibtag and family in memory of her grandparents, Leo and Esther Aaron. "They always stressed the importance of a Torah life, mesorah and family. May their memory always be a blessing for their children, grandchildren, great-grandchildren and great-great grandchildren".

  • This month's learning is sponsored by Joanna Rom and Steven Goldberg in loving memory of Steve's mother Shirley "Nana" Goldberg (Sura Tema bat Chaim v'Hanka)

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Yevamot 122

The William Davidson Talmud | Powered by Sefaria

Yevamot 122

转诇转讗 专讬讙诇讬 讗诪专 诇讛 专讘 讗讚讗 讘专 讗讛讘讛 讝讬诇 诇拽诪讬讛 讚专讘 讬讜住祝 讚讞专讬祝 住讻讬谞讗

for three pilgrim Festivals, on which the Sages gather together to study, but he could not resolve this uncertainty on any of those occasions. Rav Adda bar Ahava said to her: Go before Rav Yosef, whose knife is sharp, i.e., he has keen insight into halakhic matters, and ask him to decide your case.

讗讝诇讛 拽诪讬讛 驻砖讟 诪讛讗 诪转谞讬转讬谉 讙讜讬 砖讛讬讛 诪讜讻专 驻讬专讜转 讘砖讜拽 讜讗诪专 驻讬专讜转 讛诇诇讜 砖诇 注专诇讛 讛谉 砖诇 注讝讬拽讛 讛谉 砖诇 谞讟注 专讘注讬 讛谉 诇讗 讗诪专 讻诇讜诐 诇讗 谞转讻讜讜谉 讗诇讗 诇讛砖讘讬讞 诪拽讞讜

She went before him and he resolved the case based on this baraita: With regard to a gentile who was selling fruit at the market and said: These fruits are from the first three years of the tree鈥檚 growth [orla]; or they are from Azeka, i.e., land tilled on the Sabbatical Year, the produce of which it is prohibited to eat; or they are fourth-year produce, which it is prohibited to eat outside of Jerusalem, he has said nothing of consequence. His statement is not deemed credible, since it is possible that he intended only to enhance the reputation of his goods, as he thought that his produce would fetch a higher price if he described it in that fashion. Rav Yosef derived from this baraita that in the case of the missing Jew, the gentile鈥檚 statement could not be relied upon, as he may have stated it only to promote his own agenda.

讗讘讗 讬讜讚谉 讗讬砖 爪讬讬讚谉 讗诪专 诪注砖讛 讘讬砖专讗诇 讜讙讜讬 砖讛诇讻讜 讘讚专讱 讜讘讗 讙讜讬 讜讗诪专 讞讘诇 注诇 讬讛讜讚讬 砖讛讬讛 注诪讬 讘讚专讱 砖诪转 讘讚专讱 讜拽讘专转讬讜 讜讛砖讬讗讜 讗砖转讜

Abba Yudan of Sidon said: An incident occurred involving a Jew and a gentile who traveled on the road, and later the gentile came and said: Alas for the Jew who was with me on the road, for he died, and I buried him. And the Sages relied upon this statement and allowed his wife to marry.

讜砖讜讘 诪注砖讛 讘拽讜诇专 砖诇 讘谞讬 讗讚诐 砖讛讬讜 诪讛诇讻讬谉 诇讗谞讟讜讻讬讗 讜讘讗 讙讜讬 讗讞讚 讜讗诪专 讞讘诇 注诇 拽讜诇专 砖诇 讘谞讬 讗讚诐 砖诪转讜 讜拽讘专转讬诐 讜讛砖讬讗讜 讗转 谞砖讜转讬讛诐 讜砖讜讘 诪注砖讛 讘砖砖讬诐 讘谞讬 讗讚诐 砖讛讬讜 诪讛诇讻讬谉 诇讻专讻讜诐 讘讬转专 讜讘讗 讙讜讬 讜讗诪专 讞讘诇 注诇 砖砖讬诐 讘谞讬 讗讚诐 砖讛讬讜 诪讛诇讻讬谉 讘讚专讱 讘讬转专 砖诪转讜 讜拽讘专转讬诐 讜讛砖讬讗讜 讗转 谞砖讜转讬讛诐

And there was another incident involving a group of people who had been taken prisoner, each of whom was shackled with a collar [kolar] around his neck, and they were walking to Antokhya. And some time later a certain gentile came and said: Alas for the group of collared people, for they died, and I buried them. And the Sages allowed their wives to marry. And there was yet another incident involving sixty people who were walking to the siege [karkom] of Beitar, and later a gentile came and said: Alas for those sixty people who were walking on the road to Beitar, for they died, and I buried them. And the Sages allowed their wives to marry.

诪转谞讬壮 诪注讬讚讬谉 诇讗讜专 讛谞专 讜诇讗讜专 讛诇讘谞讛 讜诪砖讬讗讬谉 注诇 驻讬 讘转 拽讜诇 诪注砖讛 讘讗讞讚 砖注诪讚 注诇 专讗砖 讛讛专 讜讗诪专 讗讬砖 驻诇讜谞讬 讘谉 驻诇讜谞讬 诪诪拽讜诐 驻诇讜谞讬 诪转 讛诇讻讜 讜诇讗 诪爪讗讜 砖诐 讗讚诐 讜讛砖讬讗讜 讗转 讗砖转讜

MISHNA: Witnesses may testify that an individual died even if they saw his corpse only by candlelight or by moonlight. And the court may allow a woman to marry based on the statement of a disembodied voice proclaiming that her husband died. There was an incident with regard to a certain individual who stood at the top of a mountain and said: So-and-so, son of so-and-so, from such and such a place died. They went and found no person there, but even so they relied upon the statement and allowed the wife of the individual declared dead to marry.

讜砖讜讘 诪注砖讛 讘爪诇诪讜谉 讘讗讞讚 砖讗诪专 讗谞讬 讗讬砖 驻诇讜谞讬 讘谉 讗讬砖 驻诇讜谞讬 谞砖讻谞讬 谞讞砖 讜讛专讬 讗谞讬 诪转 讜讛诇讻讜 讜诇讗 讛讻讬专讜讛讜 讜讛诇讻讜 讜讛砖讬讗讜 讗转 讗砖转讜

And there was another incident in Tzalmon, a city in the Galilee, where a particular man said: I am so-and-so, son of so-and-so. A snake bit me and I am dying. And they went and found his corpse but could not recognize him, yet they went ahead and allowed his wife to marry based on what he said in his dying moments.

讙诪壮 讗诪专 专讘讛 讘专 砖诪讜讗诇 转谞讗 讘讬转 砖诪讗讬 讗讜诪专讬诐 讗讬谉 诪砖讬讗讬谉 注诇 驻讬 讘转 拽讜诇 讜讘讬转 讛诇诇 讗讜诪专讬诐 诪砖讬讗讬谉 注诇 驻讬 讘转 拽讜诇 诪讗讬 拽讗 诪砖诪注 诇谉 诪转谞讬转讬谉 讛讬讗 讛讗 拽讗 诪砖诪注 诇谉 讚讗讬 诪砖转讻讞转 住转诪讗 讚讗讬谉 诪砖讬讗讬谉 讘讬转 砖诪讗讬 讛讬讗

GEMARA: Rabba bar Shmuel said: It was taught in a baraita that Beit Shammai say: The judges of a court may not allow a woman to marry based on the statement of a disembodied voice; they require actual testimony. And Beit Hillel say: The judges may allow a woman to marry based on the statement of a disembodied voice. The Gemara asks: What is Rabba bar Shmuel teaching us here? This is simply our mishna, since the decisive ruling follows Beit Hillel鈥檚 opinion. The Gemara answers that he teaches us this: That if an anonymous mishna or baraita is found that states that the judges may not allow a woman to marry under such circumstances, it is simply the opinion of Beit Shammai, and is not the accepted ruling.

讜讛诇讻讜 讜诇讗 诪爪讗讜 讜讚诇诪讗 砖讚 讛讜讛 讗诪专 专讘 讬讛讜讚讛 讗诪专 专讘 砖专讗讜 诇讜 讚诪讜转 讗讚诐 讗讬谞讛讜 谞诪讬 讚诪讜 讚讞讝讜 诇讬讛 讘讘讜讗讛

With regard to the incident where they heard a disembodied voice but went and found no person there, which is mentioned in the mishna, the Gemara asks: Perhaps it was a demon. Rav Yehuda said that Rav said: They saw that he had the form of a person, so they knew it was not a demon. The Gemara asks: They, i.e., demons, also appear similar to people. The Gemara answers: They saw that he had a shadow.

讜讗讬谞讛讜 谞诪讬 讗讬转 诇讛讜 讘讘讜讗讛 讚讞讝讜 诇讬讛 讘讘讜讗讛 讚讘讘讜讗讛 讜讚诇诪讗 诇讚讬讚讛讜 讗讬转 诇讛讜 讘讘讜讗讛 讚讘讘讜讗讛 讗诪专 专讘讬 讞谞讬谞讗 讗诪专 诇讬 讬讜谞转谉 砖讬讚讗 讘讘讜讗讛 讗讬转 诇讛讜 讘讘讜讗讛 讚讘讘讜讗讛 诇讬转 诇讛讜

The Gemara asks: But they also have a shadow. The Gemara answers: It was a case where they saw that he had a shadow of a shadow. The Gemara asks: But perhaps they also have a shadow of a shadow? Rabbi 岣nina said: Yonatan the demon expert said to me: They have a shadow, but they do not have a shadow of a shadow.

讜讚诇诪讗 爪专讛 讛讜讗讬 转谞讗 讚讘讬 专讘讬 讬砖诪注讗诇 讘砖注转 讛住讻谞讛 讻讜转讘讬谉 讜谞讜转谞讬谉 讗祝 注诇 驻讬 砖讗讬谉 诪讻讬专讬谉

The Gemara asks: And perhaps it was a rival wife, or some other enemy of that man鈥檚 wife, who cried out that her husband was dead and then fled, in order to trick her into disgracing herself by remarrying while her husband was still alive? The Gemara answers: The school of Rabbi Yishmael taught: During a period of danger, one may write and give a bill of divorce to a woman, although the witnesses do not know the husband, because we do not raise many suspicions at such a time. This case was similar to a period of danger in that they did not find witnesses that her husband died, and therefore the court did not require further clarification.

诪转谞讬壮 讗诪专 专讘讬 注拽讬讘讗 讻砖讬专讚转讬 诇谞讛专讚注讗 诇注讘专 讛砖谞讛 诪爪讗转讬 谞讞诪讬讛 讗讬砖 讘讬转 讚诇讬 讗诪专 诇讬 砖诪注转讬 砖讗讬谉 诪砖讬讗讬谉 讗转 讛讗砖讛 讘讗专抓 讬砖专讗诇 注诇 驻讬 注讚 讗讞讚 讗诇讗 讬讛讜讚讛 讘谉 讘讘讗 讜谞讜诪讬转讬 诇讜 讻谉 讛讚讘专讬诐 讗诪专 诇讬 讗诪讜专 诇讛诐 诪砖诪讬 讗转诐 讬讜讚注讬诐 砖讛诪讚讬谞讛 诪砖讜讘砖转 讘讙讬讬住讜转 诪拽讜讘诇谞讬 诪专讘谉 讙诪诇讬讗诇 讛讝拽谉 砖诪砖讬讗讬谉 讗转 讛讗砖讛 注诇 驻讬 注讚 讗讞讚

MISHNA: Rabbi Akiva said: When I descended to Neharde鈥檃, in Babylonia, to intercalate the year, I found the Sage Ne岣mya of Beit D鈥檒i. He said to me: I heard that the Sages in Eretz Yisrael do not allow a woman to remarry based on the testimony of a single witness, except for Yehuda ben Bava. And I told him: That is so. He said to me: Tell the Sages in my name: You know that the country is confounded by army troops, and I cannot come myself. I declare that I received this tradition from Rabban Gamliel the Elder, that the court may allow a woman to remarry based on the testimony of a single witness.

讜讻砖讘讗转讬 讜讛专爪讬转讬 讛讚讘专讬诐 诇驻谞讬 专讘谉 讙诪诇讬讗诇 砖诪讞 诇讚讘专讬 讜讗诪专 诪爪讗谞讜 讞讘专 诇专讘讬 讬讛讜讚讛 讘谉 讘讘讗

Rabbi Akiva continues: And when I came and presented the matter before Rabban Gamliel of Yavne, the grandson of Rabban Gamliel the Elder, he rejoiced at my words and said: We have found a companion who agrees with Rabbi Yehuda ben Bava, and since his lenient opinion is no longer the opinion of a lone Sage, it may now be relied upon.

诪转讜讱 讛讚讘专 谞讝讻专 专讘谉 讙诪诇讬讗诇 砖谞讛专讙讜 讛专讜讙讬诐 讘转诇 讗专讝讗 讜讛砖讬讗 专讘谉 讙诪诇讬讗诇 谞砖讜转讬讛谉 注诇 驻讬 注讚 讗讞讚 讜讛讜讞讝拽讜 诇讛讬讜转 诪砖讬讗讬谉 注讚 诪驻讬 注讚 诪驻讬 注讘讚 诪驻讬 讗砖讛 诪驻讬 砖驻讞讛 专讘讬 讗诇讬注讝专 讜专讘讬 讬讛讜砖注 讗讜诪专讬诐 讗讬谉 诪砖讬讗讬谉 讗转 讛讗砖讛 注诇 驻讬 注讚 讗讞讚 专讘讬 注拽讬讘讗 讗讜诪专 诇讗 注诇 驻讬 讗砖讛 讜诇讗 注诇 驻讬 注讘讚 讜诇讗 注诇 驻讬 砖驻讞讛 讜诇讗 注诇 驻讬 拽专讜讘讬诐

As a result of this event, Rabban Gamliel remembered that people were murdered in Tel Arza, and Rabban Gamliel then allowed their wives to remarry based on only one witness. And from then onward they established as protocol to allow a woman to remarry based on hearsay testimony, a slave鈥檚 testimony, a woman鈥檚 testimony, or a maidservant鈥檚 testimony. Rabbi Eliezer and Rabbi Yehoshua say: The court may not allow a woman to remarry based on only one witness. Rabbi Akiva says: The court may not allow a woman to marry based on the testimony of a woman, nor based on the testimony of a slave, nor based on the testimony of a maidservant, nor based on the testimony of close relatives.

讙诪壮 讜住讘专 专讘讬 注拽讬讘讗 注诇 驻讬 讗砖讛 诇讗 讜讛转谞讬讗 专讘讬 砖诪注讜谉 讘谉 讗诇注讝专 讗讜诪专 诪砖讜诐 专讘讬 注拽讬讘讗 讗砖讛 谞讗诪谞转 诇讛讘讬讗 讙讬讟讛 诪拽诇 讜讞讜诪专 讜诪讛 谞砖讬诐 砖讗诪专讜 讞讻诪讬诐 讗讬谉 谞讗诪谞讜转 诇讜诪专 诪转 讘注诇讛 谞讗诪谞讜转 诇讛讘讬讗 讙讬讟讬讛谉 讝讜 砖谞讗诪谞转 诇讜诪专 诪转 讘注诇讛 讗讬谞讜 讚讬谉 砖谞讗诪谞转 诇讛讘讬讗 讙讬讟讛

GEMARA: The Gemara asks: Does Rabbi Akiva hold that the court may not allow a woman to remarry based on another woman鈥檚 testimony? But isn鈥檛 it taught in a baraita: Rabbi Shimon ben Elazar says in the name of Rabbi Akiva: A woman is trusted to bring her own bill of divorce and affirm in court that it was written and signed properly, and that trust is based on the following a fortiori inference: If women, e.g., a rival wife, whom the Sages said are not deemed credible to say that another woman鈥檚 husband died, are nevertheless trusted to bring their bills of divorce, then is it not logical that this woman herself, who is deemed credible to say that her husband died, should be trusted to bring her own bill of divorce?

谞砖讬诐 砖讗诪专讜 讞讻诪讬诐 讛讜讗 讚诇讗 诪讛讬诪谞讬 讗砖讛 讘注诇诪讗 诪讛讬诪谞讗 诇讗 拽砖讬讗 讻讗谉 拽讜讚诐 砖讛讞讝讬拽讜 讻讗谉 诇讗讞专 砖讛讞讝讬拽讜

This statement indicates that according to Rabbi Akiva, it is specifically the women who the Sages mentioned who are not deemed credible. In general, a woman is deemed credible, and another woman is permitted to remarry on the basis of her testimony. The Gemara answers: This is not difficult. Here, where Rabbi Akiva disqualified the testimony of a woman, it was before they established the protocol that a woman may be permitted to remarry on the basis of another woman鈥檚 testimony. There, where he allowed it, it was after they established that protocol.

诪转谞讬壮 讗诪专讜 诇讜 诪注砖讛 讘讘谞讬 诇讜讬 砖讛诇讻讜 诇爪讜注专 注讬专 讛转诪专讬诐 讜讞诇讛 讗讞讚 诪讛诐 讜讛讘讬讗讜讛讜 讘驻讜谞讚拽 讜讘讞讝专转诐 讗诪专讜 诇驻讜谞讚拽讬转 讗讬讛 讞讘专谞讜 谞讜诪讬转 诇讛诐 诪转 讜拽讘专转讬讜 讜讛砖讬讗讜 讗转 讗砖转讜 讜诇讗 转讛讗 讻讛谞转 讻驻讜谞讚拽讬转

MISHNA: They said to Rabbi Akiva: Do we not rely upon a woman鈥檚 testimony? After all, an incident occurred involving Levites who traveled to Tzoar, the city of date palms. And one of them became ill, and they brought him to an inn [pundak] to rest, while they continued on their travels. Upon their return to the inn they said to the innkeeper, who was a woman: Where is our friend? She told them: He died, and I buried him. And based on her testimony they allowed his wife to remarry. And shouldn鈥檛 a priestess, or any Jewish woman who testifies that a man died, be deemed as credible as an innkeeper?

讗诪专 诇讛讜 诇讻砖转讛讗 讻驻讜谞讚拽讬转 谞讗诪谞转 讛驻讜谞讚拽讬转 讛讜爪讬讗讛 诇讛诐 诪拽诇讜 讜转专诪讬诇讜 讜住驻专 转讜专讛 砖讛讬讛 讘讬讚讜

Rabbi Akiva said to them: When a woman will be as convincing as the innkeeper, then she shall also be deemed credible. The innkeeper brought them his staff, and his bag, and the Torah scroll that was in his possession, thereby providing supporting evidence to reinforce her claim.

讙诪壮 诪讗讬 讙专讬注讜转讗 讚驻讜谞讚拽讬转 讗诪专 专讘 讻讛谞讗 驻讜谞讚拽讬转 讙讜讬讛 讛讬转讛 讜诪住讬讞讛 诇驻讬 转讜诪讛 讛讬转讛 讝讛 诪拽诇讜 讜讝讛 转专诪讬诇讜 讜讝讛 拽讘专 砖拽讘专转讬讜 讘讜 讜讻谉 转谞讬 讗讘讗 讘专讬讛 讚专讘 诪谞讬讜诪讬 讘专 讞讬讬讗 驻讜谞讚拽讬转 讙讜讬讛 讛讬转讛 讜诪住讬讞讛 诇驻讬 转讜诪讛 讛讬转讛 讝讛 诪拽诇讜 讜讝讛 转专诪讬诇讜 讜讝讛 拽讘专 砖拽讘专转讬讜 讘讜

GEMARA: The mishna assumed that an innkeeper is less trustworthy than an ordinary woman, such that the Rabbis argued that if the innkeeper was deemed credible, it should be obvious that an ordinary woman should be deemed credible. The Gemara asks: What was unfavorable about the innkeeper that made her less trustworthy than an ordinary woman? Rav Kahana said: She was a gentile innkeeper, and she was therefore deemed credible only because she was speaking offhandedly when she said that the man died and this is his staff, and this is his bag, and this is the grave in which I buried him. And similarly, Abba, son of Rav Minyumi, son of 岣yya, taught: She was a gentile innkeeper, and she was speaking offhandedly, saying that this is his staff, and this is his bag, and this is the grave in which I buried him.

讜讛讗 讗讬讛 讞讘专谞讜 拽讗诪专讬 诇讛 讻讬讜谉 讚讞讝讬转讬谞讛讜 讘讻讬讗 讗诪专讜 诇讛 讗讬讛 讞讘专谞讜 讗诪专讛 诇讛诐 诪转 讜拽讘专转讬讜

But didn鈥檛 they say to her: Where is our friend? This indicates that she was answering their question rather than speaking offhandedly. The Gemara explains: Once she saw them, she cried. They said to her: Where is our friend? Then she said to them: He died, and I buried him. Since she cried before being questioned, the crying was considered the beginning of her account, and she is considered to have been speaking offhandedly.

转谞讜 专讘谞谉 诪注砖讛 讘讗讚诐 讗讞讚 砖讘讗 诇讛注讬讚 注诇 讛讗砖讛 诇驻谞讬 专讘讬 讟专驻讜谉 讗诪专 诇讜 讘谞讬 讛讬讗讱 讗转讛 讬讜讚注 讘注讚讜转 讗砖讛 讝讜 讗诪专 讗谞讬 讜讛讜讗 讛讬讬谞讜 讛讜诇讻讬诐 讘讚专讱 讜专讚祝 讗讞专讬谞讜 讙讬讬住 讜谞转诇讛 讘讬讬讞讜专 砖诇 讝讬转 讜驻砖讞讜 讜讛讞讝讬专 讗转 讛讙讬讬住 诇讗讞讜专讬讜

The Sages taught: An incident occurred involving a certain individual who came to testify before Rabbi Tarfon with regard to a woman whose husband had died. He said to him: My son, how do you come to know testimony that the husband of this woman died? He said: He and I were traveling on the road together, and a troop of soldiers chased after us. He hung onto an olive branch, and tore it off to use as a heavy staff to intimidate the soldiers, and forced the troop to withdraw.

讗诪专转讬 诇讜 讗专讬讛 讬讬砖专 讻讞讱 讗诪专 诇讬 诪谞讬谉 讗转讛 讬讜讚注 砖讗专讬讛 砖诪讬 讻讱 拽讜专讬谉 讗讜转讬 讘注讬专讬 讬讜讞谞谉 讘专讘讬 讬讛讜谞转谉 讗专讬讛 讚诪讻驻专 砖讬讞讬讗 诇讬诪讬诐 讞诇讛 讜诪转 讜讛砖讬讗 专讘讬 讟专驻讜谉 讗转 讗砖转讜

After this heroic act I said to him, admiring his bravery: Lion [arye], may your strength continue to be firm. He said to me: From where do you know that my name is Arye? That is what they call me in my city: Yo岣nan, son of Rabbi Yehonatan, the lion from the village Shi岣yya. After a while, he fell sick and died, and consequently the fellow traveler knew his name and could testify about him. And Rabbi Tarfon allowed his wife to marry based on this testimony.

讜专讘讬 讟专驻讜谉 诇讗 讘注讬 讚专讬砖讛 讜讞拽讬专讛 讜讛转谞讬讗 诪注砖讛 讘讗讚诐 讗讞讚 砖讘讗 诇驻谞讬 专讘讬 讟专驻讜谉 诇讛注讬讚 注讚讜转 讗砖讛 讗诪专 诇讜 讘谞讬 讛讬讗讱 讗转讛 讬讜讚注 注讚讜转 讝讜 讗诪专 诇讜 讗谞讬 讜讛讜讗 讛讬讬谞讜 讛讜诇讻讬谉 讘讚专讱 讜专讚祝 讗讞专讬谞讜 讙讬讬住 讜谞转诇讛 讘讬讬讞讜专 转讗谞讛 讜驻砖讞讜 讜讛讞讝讬专 讗转 讛讙讬讬住 诇讗讞讜专讬讜 讗诪专转讬 诇讜 讬讬砖专 讻讞讱 讗专讬讛 讗诪专 诇讬 讬驻讛 讻讜讜谞转 诇砖诪讬 砖讻讱 拽讜专讬谉 讗讜转讬 讘注讬专讬 讬讜讞谞谉 讘谉 讬讜谞转谉 讗专讬讛 讚诪讻驻专 砖讬讞讬讗 诇讬诪讬诐 讞诇讛 讜诪转

The Gemara asks: But didn鈥檛 Rabbi Tarfon require inquiry and interrogation of the witness? Isn鈥檛 it taught in a baraita: An incident occurred involving a certain person who came before Rabbi Tarfon to present testimony that a woman鈥檚 husband died. He said to him: My son, how do you know this testimony? He told him: He and I were traveling on the road together, and a troop of soldiers chased after us. He hung onto a fig branch, and tore it off, and forced the troop to withdraw by intimidating the soldiers with the branch. I said to him: May your strength continue to be firm, lion. He said to me: You have intuited my name well, for that is what they call me in my city: Yo岣nan, son of Yonatan, the lion from the village Shi岣yya. The man concluded his story: After a while, he fell sick and died.

讗诪专 诇讜 诇讗 讻讱 讗诪专转 诇讬 讬讜讞谞谉 讘谉 讬讜谞转谉 讚诪讻驻专 砖讬讞讬讗 讗专讬讛 讗诪专 诇讬讛 诇讗 讗诇讗 讻讱 讗诪专转讬 诇讱 讬讜讞谞谉 讘谉 讬讜谞转谉 讗专讬讛 讚诪讻驻专 砖讬讞讬讗 讜讚拽讚拽 注诇讬讜 砖谞讬诐 讜砖诇砖讛 驻注诪讬诐 讜讻讬讜谉 讗转 讚讘专讬讜 讜讛砖讬讗 专讘讬 讟专驻讜谉 讗转 讗砖转讜

Rabbi Tarfon said to him, in order to check his story: Did you not tell me that the dead man said that his name was Yo岣nan, son of Yonatan, from the village Shi岣yya, which is called Lion? He replied to him: No. Rather, this is what I told you: He told me that he is called Yo岣nan, son of Yonatan, the lion from the village Shi岣yya. Then Rabbi Tarfon cross-examined him in this manner two or three times, and the witness repeatedly kept his statements consistent, so Rabbi Tarfon allowed his wife to marry. In this version of the story, the mere report of events does not seem sufficient. An interrogation of the witness is also necessary.

转谞讗讬 讛讬讗 讚转谞讬讗 讗讬谉 讘讜讚拽讬谉 注讚讬 谞砖讬诐 讘讚专讬砖讛 讜讞拽讬专讛 讚讘专讬 专讘讬 注拽讬讘讗 专讘讬 讟专驻讜谉 讗讜诪专 讘讜讚拽讬谉

The Gemara answers: This is a dispute between tanna鈥檌m, as it is taught in a baraita: The court does not examine witnesses who give testimony concerning the marital status of women by means of the standard procedures of inquiry and interrogation; this is the statement of Rabbi Akiva. Rabbi Tarfon says: The court must examine them utilizing these means.

讜拽诪讬驻诇讙讬 讘讚专讘讬 讞谞讬谞讗 讚讗诪专 专讘讬 讞谞讬谞讗 讚讘专 转讜专讛 讗讞讚 讚讬谞讬 诪诪讜谞讜转 讜讗讞讚 讚讬谞讬 谞驻砖讜转 讘讚专讬砖讛 讜讞拽讬专讛 砖谞讗诪专 诪砖驻讟 讗讞讚 讬讛讬讛 诇讻诐

The Gemara comments: And they disagree about the statement of Rabbi 岣nina, as Rabbi 岣nina said: By Torah law, both cases of monetary law and cases of capital law require scrutiny by means of inquiry and interrogation of witnesses, as it is stated: 鈥淵ou shall have one law鈥 (Leviticus 24:22), indicating that the legal procedures must be the same for each area of halakha. Consequently, since inquiry and interrogation are required for capital law (Deuteronomy 13:15), they are required for cases of monetary law as well.

讜诪讛 讟注诐 讗诪专讜 讚讬谞讬 诪诪讜谞讜转 讗讬谉 爪专讬讻讬谉 讚专讬砖讛 讜讞拽讬专讛 砖诇讗 转谞注讜诇 讚诇转 讘驻谞讬 诇讜讬谉

And for what reason did the Sages say that cases of monetary law do not require inquiry and interrogation of witnesses? So as not to lock the door in the face of potential borrowers. If the procedures for litigation in cases of monetary law were too rigorous, people would be very hesitant to lend money.

讜讘诪讗讬 拽诪讬驻诇讙讬 诪专 住讘专 讻讬讜谉 讚讗讬讻讗 讻转讜讘讛 诇诪砖拽诇 讻讚讬谞讬 诪诪讜谞讜转 讚诪讬 讜诪专 住讘专 讻讬讜谉 讚拽讗 砖专讬谞谉 讗砖转 讗讬砖 诇注诇诪讗 讻讚讬谞讬 谞驻砖讜转 讚诪讬

And with regard to what do they disagree in the case of testimony that allows a woman to remarry? They disagree as follows: One Sage, Rabbi Akiva, holds that since there is the payment of the marriage contract for the woman to take when her husband dies, it is considered to be like cases of monetary law and does not require inquiry and interrogation procedures. And one Sage, Rabbi Tarfon, holds that since, based on this testimony, we permit a previously married woman to marry anyone in the world, and if her previous husband is still alive, her subsequent relationship will be considered adultery, which is a capital offense, it is considered to be like cases of capital law, which require the inquiry and interrogation procedures.

讗诪专 专讘讬 讗诇注讝专 讗诪专 专讘讬 讞谞讬谞讗 转诇诪讬讚讬 讞讻诪讬诐 诪专讘讬诐 砖诇讜诐 讘注讜诇诐 砖谞讗诪专 讜讻诇 讘谞讬讱 诇诪讜讚讬 讛壮 讜专讘 砖诇讜诐 讘谞讬讱

The tractate finishes on a positive note: Rabbi Elazar said that Rabbi 岣nina said: Torah scholars increase peace in the world, as it is stated: 鈥淎nd all your children shall be taught of the Lord, and great shall be the peace of your children鈥 (Isaiah 54:13). This indicates that because the children will be Torah scholars, who are taught of the Lord and His Torah, they will live in great peace, and peace will thereby be increased for the entire world.

讛讚专谉 注诇讱 讛讗砖讛 讘转专讗 讜住诇讬拽讗 诇讛 诪住讻转 讬讘诪讜转

 

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