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Rosh Kollel: Rabbi Mordecai Kornfeld

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Yevamos 115


1. Or, since it is now established that it is wartime, are we concerned that she testifies by estimation?
i. The reasoning - 'why should she lie' - does not override this.
(b) Answer (Beraisa): A woman says, 'The house burned and was full of smoke; I survived, and he died' - she is not believed.
(c) Rejection: That case is different - she reasons, a miracle was done for me, but not for him!
(d) Answer (Beraisa): A woman says, 'Nochrim or robbers came upon us - he was killed, and I survived' - she is believed.
(e) Rejection: That case is different, as Rav Idi taught.
1. (Rav Idi): "A woman has her weapons with her" (that is, she is not afraid of robbers because of her seductive abilities, and will wait to see if her husband really died).
(f) At the end of a Chupah, a fire broke out. The Kalah cried, 'See, it is my husband!' People saw a burnt man and a hand.
1. R. Chiya Bar Avin: This is as the case of the house that burned (she is not believed).
2. Rava: Here is different! She cried, 'See, it is my husband'! And here, a burnt man and a hand were found!
i. R. Chiya Bar Avin holds, the burnt man may be one who tried to save her husband; the hand may be her husband's - since he became blemished, he fled because of shame.
(a) Question: Is 1 witness believed in wartime?
1. If 1 witness is believed because people do not lie about matters prone to become known (if the husband is alive) - here also, he will not lie!
2. Or, is 1 witness believed because she will investigate before marrying - here, she may rely on estimation and not investigate!
(b) Answer (Rami Bar Chama - Mishnah - R. Akiva): In Eretz Yisrael, only R. Yehudah Ben Bava permitted a woman to get married based on 1 witness. Nechemyah, the man of Beis Dli, said, 'You know, the land is perilous because of troops. I received from R. Gamliel, that we may marry a woman based on 1 witness.'
1. Question: Why did he say, the land is perilous because of troops?
i. Suggestion: Even though soldiers are rampant, we may marry a woman based on 1 witness.
ii. Rejection (Rava): If so, what is special about this land - he should have said, 'Any place where soldiers are rampant'!
2. Answer (Rava): Rather - this land is perilous because of the troops, and I cannot leave my household to testify before Chachamim - I received from R. Gamliel, a woman may marry based on 1 witness.
(c) A case occurred with 2 Chachamim that were coming in a ship with R. Yosi Ben Simai. The ship sank; Rebbi allowed their widows to marry based on the testimony of women.
1. Suggestion: Drowning is as war; and even 100 women are as 1 witness - and Rebbi allowed the widows to marry!
2. Rejection: This cannot be the case! One cannot see the end of the water - in such a case, his wife is forbidden!
(d) Rather, the women said that they saw the body, and they gave identifying signs.

1. Rebbi relied on the signs, not on the women.
(e) Reuven deposited sesame by Shimon.
1. Reuven: give me my sesame!
2. Shimon: You already took it back!
3. Reuven: The quantity is such and such, and it is in a barrel.
4. Shimon: You took yours - I have other sesame.
(f) (Rav Chisda): This is as the case of the 2 Chachamim - we do not say, his sesame went away, and this is different sesame.
(g) (Rava): This case is different! There, there were identifying signs - here there are not!
1. Even though Reuven gave the correct quantity - this could be by chance!
(h) Question (Mar Kashisha Bar Rav Chisda): Are we really concerned that the original was transferred to a different place?
1. (Mishnah): If the letter Kuf is on a vessel - we assume that the contents are Hekdesh (for a Korban); the letter Mem - the contents are Ma'aser; Dalet - Dimua (Terumah mixed with Chulin); Tes - Tevel (untithed produce); Tav - Terumah.
i. When there were decrees not to keep Mitzvos, people wrote Tav in place of Terumah.
(i) Question (Ravina): Are we really not concerned that the original was transferred to a different place?
1. (End of the Mishnah - R. Yosi): Even if Terumah is written on the barrel, it is Chulin - we say, there was Terumah in it, it was transferred.
(j) Answer: Really, both Tana'im agree that we are concerned that the contents were removed.
1. The first Tana holds, if he transferred the Terumah, he would have erased the marking on the barrel;
2. R. Yosi holds, he forgot to do this; or, he left the marking on to discourage others from taking the contents.
(a) Yitzchak, the Exilarch, the nephew of Rav Bivi was going from Aspamya to Nehardai; he died.
(b) Question (Chachamim of Eretz Yisrael): Are we concerned that there was another man of that name (and his widow cannot get married - perhaps her husband is still alive)!
(c) Answer #1 (Abaye): We are concerned.
(d) Answer #2 (Rava): We are not concerned.
1. (Abaye): We see that we are concerned from the following case. A Get was found in Nehardai. It said, next to Kalonya (a city), I, Androlinai of Nehardai, divorce my wife. Shmuel's father sent this question to R. Yehudah Nesi'ah.
i. (R. Yehudah Nesi'ah): All of Nehardai must be checked (for another Androlinai).
2. (Rava): This is no proof - if we were truly concerned, we would have to check the whole world!
i. R. Yehudah Nesi'ah only said to check so that Shmuel's father should not be embarrassed for asking the question.
1. (Rava): The following case shows that we are not concerned. There were 2 documents in Mechuza; one said the borrower was Chavi Bar Nanai; the other, Nanai Bar Chavi. Rabah Bar Avuha authorized collection of both of them, even though these are common names in Mechuza.
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