Babylonian Talmud: Tractate Yebamoth

Folio 122a

for three festivals,¹  R. Adda b. Ahabah said to her, 'Apply²  to R. Joseph, whose knife is sharp'.³  When she came to him he decided⁴  [her case by deduction] from the following Baraitha:⁵  If an idolater who was selling fruit in the market declared, 'These fruits are of 'orlah,⁶  of a newly broken field,⁷  or of a plantation in its fourth year',⁸  his statement is disregarded,⁹  for his intention was merely to raise the value¹⁰  of his fruit.¹¹ 

Abba Judah of Zaidan¹²  related: It once happened that an Israelite and an idolater went on a journey together and when the idolater returned he said, 'Alas for the Jew who was with me on the journey, for he died on the way and I buried him', and [the Israelite's] wife [on this evidence] was allowed to marry again. And, again it happened that a group¹³  of men were going to Antiochia¹⁴  and an idolater came and stated, 'Alas for that group¹³  of men, for they died and I buried them', and [on this evidence] their wives were permitted to marry again. Moreover, it happened that sixty men were going to the camp¹⁵  of Bether,¹⁶  and an idolater came and stated, 'Alas for sixty men who were on the way to Bether, for they died and I buried them', and [on the basis of this statement] their wives were permitted to marry again.

MISHNAH. EVIDENCE¹⁷  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.¹⁸  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 IS DEAD', BUT WHEN THEY WENT [TO THE TOP OF THE HILL] THEY FOUND NO ONE THERE. HIS WIFE, HOWEVER, WAS PERMITTED TO REMARRY.¹⁹  AGAIN, IT HAPPENED AT ZALMON²⁰  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.

GEMARA. Rabbah b. Samuel stated: A Tanna taught that Beth Shammai ruled that a woman may not be permitted to marry again on the evidence of a mere voice¹⁹  and Beth Hillel ruled that she may be permitted to marry again on the evidence of a mere voice.²¹  What does he²²  teach us?²³  This,²⁴  surely, is the ruling in our Mishnah!²⁵  — It is this that he teaches us: Should an anonymous statement be found that a woman [in such circumstances] is not permitted to marry again, that [statement would represent the view of] Beth Shammai.

BUT WHEN THEY WENT … THEY FOUND NO ONE. Is it not possible that it was a demon [that cried]?²⁶  — Rab Judah replied in the name of Rab: [This is a case] where they²⁷  saw in him the likeness of a man! But they²⁸  also are in the likeness of men! — They²⁷  saw his shadow. But these²⁸  also have a shadow! They²⁹  saw a shadow of his shadow. Is it not possible that these²⁸  also cast a shadow of a shadow? — R. Hanina replied: The demon Jonathan²⁹  told me that they²⁸  have a shadow but not a shadow of a shadow. Is it not possible that it was a rival [that cried]?³⁰  — A Tanna at the school of R. Ishmael taught that at a time of danger³¹  [a letter of divorce] may be written and delivered [to the woman]³²  even if [the husband who gave the instructions]³³  is unknown [to the witnesses].³⁴ 

MISHNAH. R. AKIBA STATED: WHEN I WENT DOWN TO NEHARDEA TO INTERCALATE³⁵  THE YEAR, I MET NEHEMIAH OF BETH DELI³⁶  WHO SAID TO ME, 'I HEARD THAT IN THE LAND OF ISRAEL NO ONE, WITH THE EXCEPTION OF R.³⁷  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 COUNTRY³⁸  IS IN CONFUSION BY REASON OF RAIDERS);³⁹  I HAVE THIS⁴⁰  TRADITION FROM R. GAMALIEL THE ELDER: THAT A [MARRIED] WOMAN MAY BE ALLOWED TO MARRY AGAIN ON THE EVIDENCE OF ONE WITNESS'.⁴¹  AND WHEN I CAME AND RECOUNTED THE CONVERSATION IN THE PRESENCE OF R. GAMALIEL⁴²  HE REJOICED AT MY INFORMATION AND EXCLAIMED, 'WE HAVE FOUND A COLLEAGUE⁴³  FOR R. JUDAH B. BABA!' AS A RESULT OF THIS TALK⁴⁴  R. GAMALIEL RECOLLECTED THAT SOME MEN WERE ONCE KILLED AT TEL ARZA,⁴⁵  AND THAT R. GAMALIEL [THE ELDER] HAD ALLOWED THEIR WIVES TO MARRY AGAIN ON THE EVIDENCE OF ONE WITNESS.⁴⁶  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] FROM⁴⁷  ANOTHER WITNESS, FROM⁴⁷  A SLAVE, FROM⁴⁷  A WOMAN OR FROM⁴⁷  A BONDWOMAN. R. ELIEZER AND R. JOSHUA RULED: A WOMAN MAY NOT BE ALLOWED TO MARRY AGAIN ON THE EVIDENCE OF ONE WITNESS.⁴⁸  R. AKIBA RULED: [A WOMAN IS NOT ALLOWED TO MARRY AGAIN] ON THE EVIDENCE OF⁴⁹  A WOMAN, ON THAT OF⁵⁰  A SLAVE, ON THAT⁵⁰  OF A BONDWOMAN OR ON THAT OF RELATIVES.

GEMARA. Is R. Akiba then⁵¹  of the opinion that on the evidence of⁵⁰  a woman,⁵²  [a wife is] not [permitted to marry again]? Surely, It was taught: R. Simeon b. Eleazar stated in the name of R. Akiba, '[That] a woman is eligible⁵³  to bring her own letter of divorce⁵⁴  is inferred a minori ad majus: If those women concerning whom the Rabbis ruled that they⁵⁵  are not believed when they state, "Her husband⁵⁶  is dead"57 are nevertheless eligible⁵³  to bring⁵⁸  her a letter of divorce,⁵⁹  how much more reasonable is it that this woman, who is believed when she states that her own husband is dead, should be eligible⁵³  to bring her own letter of divorce.' [Thus it follows that only] those women of whom the Rabbis have spoken⁵⁷  are not believed⁶⁰  but any other⁶¹  woman is believed!⁶²  — This is no difficulty. One ruling⁶³  was made⁶⁴  before the law,⁶⁵  had been established; the other,⁶⁴  after the law⁶⁵  had been established.

MISHNAH. THEY⁶⁶  SAID TO HIM:⁶⁷  'IT ONCE HAPPENED THAT A NUMBER OF LEVITES WENT TO ZOAR,⁶⁸  THE CITY OF PALMS, AND ONE OF THEM WHO FELL. ILL WAS TAKEN BY THEM INTO AN INN. WHEN THEY RETURNED THEY ASKED THE INNKEEPER⁶⁹  WHERE IS OUR FRIEND?" AND SHE REPLIED, HE IS DEAD AND I BURIED HIM". [AND IT WAS ON THIS EVIDENCE THAT] HIS WIFE WAS PERMITTED TO MARRY AGAIN. SHOULD NOT THEN A PRIEST'S WIFE⁷⁰  [BE BELIEVED AT LEAST AS MUCH] AS THE INNKEEPER!'⁷¹  HE ANSWERED THEM, WHEN SHE WILL BE [GIVING SUCH EVIDENCE] AS THE INNKEEPER SHE WILL BE BELIEVED. THE INNKEEPER [AS A MATTER OF FACT] HAD BROUGHT OUT TO THEM HIS⁷²  STAFF, HIS BAG⁷³  AND THE SCROLL OF THE LAW WHICH HE HAD WITH HIM.⁷⁴ 

1. [H], when the scholars and students who were assembled for the purpose of listening to the festival discourses, were also asked to decide difficult points of law that had arisen during the preceding months. During these gatherings the woman had an opportunity of making enquiries about her vanished husband. According to [H] cited by Rashi, the [H] were the anniversaries of the deaths of distinguished men, when scholars from the surrounding localities as well as the general public assembled round the respective graves for study and for discussions of matters of law.
2. Lit., 'go before'.
3. Metaph., he is capable of acute logical reasoning and deduction. Cf. Rashi, Hul 77a.
4. Lit., 'solved'.
5. Cur. edd., 'Mishnah'.
6. [H] (v. Glos.), which are forbidden for consumption, though they may be superior in quality to those which come from old trees.
7. [H] (cf. Jast. s.v. [H] and Me'iri a.l.); such fruits being forbidden on the Sabbatical year though they may be of a high quality (v. previous note). 'Azeka may have been, according to Rashi (a.l. s.v. [H]) a town in Judaea (cf. Josh. X, 10), that was famous for its choice fruit, the point in doubt being whether the fruit had originally belonged to an Israelite and whether it had been tithed. If this interpretation is to be followed the sale of the fruit mentioned presumably took place outside Palestine, where locally grown produce is free from tithe. For other interpretations cf. Tosaf. a.l. s.v. [H] and Levy, s.v. [H]
8. [H] which is holy for gibing praise unto the Lord (Lev. XIX, 24), forbidden to be consumed though they may be of a superior quality. Cf. supra note 5.
9. Lit., 'he did not say anything'.
10. [H], lit., 'to improve'.
11. Tosef. Dem. IV. Lit., 'purchase'. It is assumed that he merely lied, in order to praise his fruit, so that it might fetch a higher price. Similarly in the case under consideration, the idolater's statement that he killed the Israelite is regarded as an idle boast intended as a mere threat.
12. The Biblical [H] Sidon, on the Western coast of Phoenicia, [or, Bethsaida in Galilee].
13. [H] [G] lit., 'chain'.
14. [G] Antioch, on the Orontes in Syria; or Antiochene, the region round Antioch.
15. [H], a battleground, cf. castra.
16. The town where in 135 C.E. Bar Kokeba fought his last battle against the Romans.
17. That a man is dead.
18. [H] li. 'daughter of the voice', 'echo', even if the person who uttered it was not seen, as in the case given infra.
19. Cf. supra n. 4.
20. [Identified with Selamin (Selame) in Galilee (v. Josephus Wars II, 20, 6), the modern Hirbet Selame, N.E of the El Battauf valley 20 km from Sepphoris, v. Klein S, MGWJ, 1927, p. 266].
21. Tosef. Naz. I.
22. Rabbah b. Samuel.
23. By his statement that according to Beth Hillel, whose ruling is accepted as the established law, a mere voice is sufficient evidence.
24. That such evidence is accepted.
25. Which, being anonymous, is regarded as the established law.
26. [Demons were believed to deceive men, causing divorces and other evils; v. Angus The Religious Quests of the Graeco-Roman World, p. 38; cf. Git. 66a].
27. Who heard the voice.
28. Demons.
29. [Name of (a) a demon; (b) a man (Rashi). MS.M. and Git. 66a have, 'Jonathan my son'].
30. Whom the man had married in another town, and who came for the specific purpose of misleading the woman to marry another man so that she might thereby become forbidden to her present husband. A rival is usually suspected of malice against her associate.
31. When a man, for instance, was cast into a pit and his fate is in the balance.
32. In order to release her thereby from perpetual doubt as to the ultimate fate of her husband and from the perpetual prohibition of marrying again.
33. Calling them out, in the case presumed, from the bottom of the pit.
34. Who have to execute the mission, v. Git. 66a. Similarly in the case dealt with in our Mishnah. Were not the voice to be relied upon the woman might have to remain all her life bereft of her own husband and unable ever to marry another man.
35. To add another month. The Hebrew leap year contains thirteen, instead of the usual twelve months.
36. [Dili, a village in Galilee, Horowitz, I, Palestine, p. 131].
37. Wanting in cur. edd. Cf., however 115a and infra.
38. Palestine.
39. So that it is unsafe for one to undertake a journey to Palestine and to report the traditional ruling that follows, [or, in view of the unsettled conditions, it is difficult to obtain in every case two reliable witnesses].
40. V. BaH.
41. Who testifies that her husband is dead.
42. Of Yabneh, a grandson of R. Gamaliel the Elder.
43. One who is of the same opinion as he.
44. Lit., 'from the midst of the thing'.
45. [H], (lit., 'cedar hill'). It is probably identical with the Biblical [H], mentioned in Ezra II, 59 and Neh. VII, 61 for which the Septuagint reads, [G].
46. Who testified that their husbands were dead. [Some texts add: 'And the law was established that (a woman) shall be allowed to marry on the evidence if one witness'].
47. Lit., 'from the mouth of'.
48. Cf. supra n. 11.
49. Lit., 'by the mouth of'.
50. Lit., 'by the mouth of'.
51. As is evident from the final clause of our Mishnah.
52. Cf. p. 866, n. 11.
53. Lit., 'believed'.
54. From a foreign country, though she, like any other messenger who brings a letter of divorce from foreign parts, would have to make the declaration that the document was written and signed in her presence.
55. Being suspected of hatred towards the woman in whose favour they pretend to give their evidence.
56. The husband of the woman whom they are suspected of hating.
57. Supra 117a.
58. Cf. supra note 5.
59. Lit., 'their letters of divorce', i.e., any such letters wherewith they might have been entrusted. V. Git. 23b.
60. V. supra note 6.
61. Lit., 'in the world'.
62. How, then, could it be implied that R. Akiba does not allow the evidence of any woman who testifies to the death of another woman's husband?
63. Of R. Akiba.
64. Lit., 'here'.
65. That a woman's evidence on a man's death shall be relied upon in permitting that man's wife to marry again.
66. The Rabbis.
67. R. Akiba. V. previous Mishnah.
68. On the East or S.E. of the Dead Sea. Zoar is mentioned several times in the Bible. Cf., e.g., Gel. XIV, 2, 8 and XIX, 22.
69. [H] (fem.) 'woman innkeeper'.
70. [H] V. n. 3.
71. I.e., since a woman's evidence is ineligible, even that of a priest's wife would be ineligible. Is it then conceivable that the latter should be regarded as less trustworthy than an innkeeper! [H] might perhaps be rendered 'princess', 'lady' as [H] is interpreted by the Targumim (cf. e.g., Gen. XLI, 45, ps. CX, 4) as [H] 'great man', 'prince'. 'Should not the lady enjoy the status of the innkeeper!' Another interpretation applies [H] to all Jewish women since any of them might become a [H] by marrying a priest. Cf. Golds.
72. The dead man's.
73. [Some texts add, 'his shoes'].
74. It was on this proof, and not on the evidence of the innkeeper, that they acted.

GEMARA. What was the inferiority of the innkeeper?¹  R. Kahana replied: She was an innkeeper who was an idolatress and she said at random,²  'This is his staff, and this is his bag and this is the grave wherein I buried him'. So it was also recited by Abba the son of R. Manyumi b. Hiyya: She was an innkeeper who was an idolatress and she said at random,²  'This is his staff, and this is his bag and this is the grave wherein I buried him'. But, surely, they had asked her, 'Where is our friend?'³ — When she saw them she began to cry, and when they asked her, 'Where is our friend?' she replied, 'He died and I buried him',⁴ 

Our Rabbis taught: It once occurred that a man came to give evidence on behalf of a woman⁵  before R. Tarfon. 'My son', [the Master] said to him, 'what⁶  do you know concerning the evidence for this woman?' — 'I and he', the other replied, 'were going on the same road and when a raiding gang pursued us he grasped⁷  the branch of an olive tree, pulled it down, and made the gang turn back. "Lion", I said to him, "I thank you".⁸  "Whence did you know [he asked] that my name was Lion? So in fact I am called in my home town: Johanan son of R. Jonathan, the Lion of Kefar Shihaya",⁹  and after some time he fell ill and died'. And [on this evidence] R. Tarfon permitted his¹⁰  wife to marry again.

Does not R. Tarfon, however, hold that inquiry and examination¹¹  are necessary? Surely it was taught: It once happened that a man came before R. Tarfon to give evidence on behalf of a woman.⁵  My son', he said to him, 'What⁶  do you know concerning this evidence?' 'I and he', the other replied, 'were going on the same road, and when a raiding gang pursued us he grasped the branch of a fig tree, pulled it down, and drove¹²  the gang back. "I thank you,¹³  Lion", I said to him, and he replied, "You have correctly guessed my name, for so I am called in my home town: Johanan son of Jonathan, the Lion of Kefar Shihaya", and after some time he died'. The Master said to him: Did you not tell me thus, 'Johanan son of Jonathan of Kefar Shihaya the Lion'?¹⁴  — 'No', the other replied, 'but it is this that I told you: Johanan son of Jonathan, the Lion of Kefar Shihaya'. Having examined him closely¹⁵  two or three times and the man's replies invariably agreeing, R. Tarfon permitted his¹⁶  wife to marry again!¹⁷  — This [is a point in dispute between] Tannaim. For it was taught: Witnesses on matrimonial matters¹⁸  are not to be subjected¹⁹  to enquiry and examination.²⁰  These are the words of R. Akiba;²¹  R. Tarfon, however, ruled: They are to be subjected.²²  And they²³  differ [in respect of a ruling] of R. Hanina. For R. Hanina stated: Pentateuchally both monetary, and capital cases must be conducted with enquiry and examination,²⁰  for it is said, Ye shall have one manner of law,²⁴  what then is the reason why they have ordained that monetary cases do not require enquiry and examination?²⁰  In order that you should not lock the door in the face of borrowers — 25 And it is on this principle that²⁶  they²³  differ: One Master is of the opinion that since the woman has²⁷  a kethubah to receive²⁸  [such cases²⁹  are] on a par with those of monetary matters,³⁰  while the other Master is of the opinion that since we are thereby permitting a married woman to marry a stranger³¹  [such cases³²  are] on a par with capital cases.³³ 

R. Eleazar said in the name of R. Hanna: Scholars³⁴  increase peace in the world, for it is said in the Scriptures, And all thy children shall be to taught of the Lord; and great shall be the peace of thy children.³⁵

1. Implied by the argument of the Sages, 'SHOULD NOT THEN A PRIEST'S WIFE etc.'
2. V. supra p. 861, n. 14.
3. How then could it be said that she spoke at random?
4. It was thus obvious that she had no ulterior motive in making her statement and that she was merely answering their enquiry. Such evidence may be regarded as given in all innocence (cf. supra p. 861, n. 14) and may be relied upon.
5. Testifying that her husband was dead.
6. Lit., 'how'.
7. Lit., 'and suspended himself'.
8. [H] lit., 'may thy strength be right (or firm)'.
9. [H], Klein S. (v. E.J. Col. 1139) reads [H] Kefar Shihlayim, a village in Idumaea, Saallis (Chaalis) mentioned in Joseph. Wars III, 2.2.
10. The dead man's.
11. [H]. Cf. Deut. XIII, 15: Then shalt thou inquire and make search ([H]). Before the evidence is accepted, witnesses are to be questioned and cross-examined as to the day, hour, and attendant circumstances, in order to test thereby the veracity of their statements. V. Sanh. 32a and 40a.
12. Lit., 'and caused to return'.
13. V. supra note 4.
14. R. Tarfon changed the order of the words to test the man's accuracy.
15. [H] rt. [H] (Pilpel) 'to crush'.
16. The dead man's.
17. Which shews that R. Tarfon holds that 'inquiry and examination' are necessary!
18. I.e., evidence on the death of a husband.
19. [H] rt. [H] Kal., 'to search', investigate'.
20. V. supra p. 869, n. 7.
21. Eben ha-Ezer XVIII, 79, Wilna Gaon Glosses and others read: 'R. Akiba and p. Tarfon however etc'.
22. Cf. supra note 5.
23. R. Akiba and R. Tarfon.
24. Lev. XXIV, 22. As capital cases are subject to such enquiry (v. Deut. XIII, is) so are also monetary cases.
25. Sanh. 2b, 32a. Were difficulties to be placed in the way of creditors they would altogether decline to advance any loans.
26. Lit., 'and in what'.
27. Lit., 'there is'.
28. From the estate of her dead husband. The terms of the marriage contract entitle a woman to her kethubah when she lawfully marries again.
29. I.e., evidence on the death of a husband.
30. Hence his opinion that no enquiry and examination of the witnesses is necessary.
31. Lit., 'to the world'.
32. Since intercourse with a married woman is punishable by strangulation.
33. Where full enquiry and examination is required.
34. [H] v. Glos s.v. Talmid Hakam.
35. Isa. LIV, 13. Children = [H] (rt. [H] 'to build'). The conclusion of the passage in Ber. 64a is as follows: Read not, thy children [H] (banayik) but thy builders (bonayik). Scholars are the builders of the world and it is their dissemination of true knowledge and enlightenment that preserves and promotes the ideals and blessings of peace.