Evidence may be tendered [even if the corpse was seen by the witnesses] in candle light or in moonlight; and a woman may be given permission to marry again on the evidence of a mere voice. It once happened that a man was standing on the top of a hill and cried, so-and-so son of so-and-so of such-and-such a place one there. His wife, however, was permitted to remarry. Is dead`, but when they went [to the top of the hill] they found no again, it happened at Zalmon that a man declared, `I am so-and-so son of so-and-so; a serpent has bitten me, and I am dying`; and though when they went [to examine the corpse] they did not recognize him, they nevertheless permitted his wife to remarry. |
יבמות 16.6 |
R. Akiba stated: when I went down to Nehardea to intercalate the year, I
met Nehemiah of Beth Deli who said to me, `I heard that in the land of
Israel no one, with the exception of R. Judah b. Baba, permits a
[married] woman to marry again on the evidence of one witness`. `that is
so`, I told him. Tell them`, he said to me, `in my name: (you know that
this country is in confusion by reason of raiders); I have this
tradition from R. Gamaliel the elder: that a [married] woman may be
allowed to marry again on the evidence of one witness`. And when I came
and recounted the conversation in the presence of R. Gamaliel he
rejoiced at my information and exclaimed, `we have found a colleague for
R. Judah b. Baba!` as a result of this talk R. Gamaliel recollected that
some men were once killed at Tel arza, and that R. Gamaliel [the elder]
had allowed their wives to marry again on the evidence of one witness.
And the Law was established that [a woman] shall be allowed to marry
again [on the evidence of one] witness [who states that he has heard the
report] from another witness, from a slave, from a woman or from a
bondwoman. R. Eliezer and R. Joshua ruled: a woman may not be allowed to
marry again on the evidence of one witness. R. Akiba ruled: [a woman is
not allowed to marry again] on the evidence of a woman, on that of a
slave, on that of a bondwoman or on that of relatives. |
יבמות 16.7 |
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