The Jerusalem Talmud Jerusalem Talmud Yevamot 15.1

English · Heinrich W. Guggenheimer

MISHNAH: A woman went overseas with her husband. If there was peace between him and her and there was peace in the world and came and said, “my husband died”, she can remarry, “my husband died”, she can marry in levirate. If there was no peace between him and her but there was peace in the world, she cannot be believed. Rebbi Jehudah says, she is never believed unless she comes crying with torn clothes. They said to him, in any case she can remarry.

2

English · Heinrich W. Guggenheimer

HALAKHAH: “A woman went with her husband,” etc. Just as you say, “if there are witnesses that she is a married woman and she says, I was divorced, she is not trustworthy;” would I say it is the same here? There is a difference for witnesses of death since if he comes he disproves [the testimony]. Then she should be trustworthy to say: “my levir died”! That is impossible since we have stated: “A woman is not trustworthy if she says ‘my levir died’ to remarry, or ‘my sister died’ to enter her house.” Rebbi Abba said, she is trustworthy for her husband whom she married out of her free will; she is not trustworthy about her levir on whom she was thrown against her will. Rebbi Hoshaia asked, think of it, then she should not be trustworthy if she was forced to marry him!

3

English · Heinrich W. Guggenheimer

Not only according to the current Mishnah that a single witness can permit her, but even according to the earlier Mishnah that a single witness cannot permit her, she permits herself. What is the difference between herself and a single witness? A single witness is suspected to want to cause trouble to her; she is not suspected to want to cause trouble to herself.

4

English · Heinrich W. Guggenheimer

Is a single witness trustworthy in wartime? Let us hear from the following: A person was living in the times of Rebbi. They asked him about X; he said, he died. They asked him about Y; he said, he died. They asked him, are they all dead? He answered, if they were alive would they not have come? Rebbi Jeremiah in the name of Rebbi Ḥanina: The case came before Rebbi and he said, the ones married should stay married, the ones not married should not marry. Rebbi Ayvo bar Naggari said, it happened in wartime. That implies that a single witness is trustworthy in wartime.

5

English · Heinrich W. Guggenheimer

What is the difference whether peace is in the world or war is in the world? If war is in the world, she might think that he died although he is not dead. So far if war was in the North and she came from the North, in the South and she came from the South. If there was war in the North and she came from the South; she says I am coming from the North, but I am arguing that you came from the South. If she says, I am coming from the South, it is because she thinks to free herself. If she says, he died on his bed, I am arguing that he went to war; it is because she thinks to free herself.

6

English · Heinrich W. Guggenheimer

What is a quarrel? Rebbi Abba in the name of Rav Ḥiyya bar Ashi. “You never gave me qiddušin, you did not divorce me, I never was your wife,” that is not a quarrel. “You gave me qiddušin, you divorced me, but you never paid me what is owed me under my ketubah,” that is a quarrel. When Rebbi Abba said this before Rebbi Ḥiyya bar Abba, he said to him, my son, even if she clearly requests to be divorced.

7

English · Heinrich W. Guggenheimer

“Rebbi Jehudah says, she is never believed unless she comes crying with torn clothes.” They objected to Rebbi Jehudah: Think of it, if one came crying, the other did not cry. To this one you forbid, to that one you permit. Rebbi Ḥananiah, the colleague of the rabbis, objected: Think of it, maybe her son went overseas and died there, she remembers that and cries.

Jerusalem Talmud Yevamot 15.1

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