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YEVAMOS 118

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SUMMARY

If one witness testifies that a man died and a second witness testifies that he is still alive, his wife may not get remarried. (1)
 
If a woman testifies that her husband died, her Tzarah may not get remarried. If she is married to a Kohen, she may continue to eat Terumah, according to Rebbi Tarfon. (2)
 
If a woman testifies that her father-in-law died, her mother-in-law may not get remarried. If she is married to a Kohen, she may continue to eat Terumah, according to Rebbi Tarfon. (3)
 
If a woman who was childless comes back from overseas and claims that she had a child who died first and then her husband died, she is believed. (4)
 
If a woman who was childless comes back from overseas and claims that she had a child and her husband died followed by her child, she is not believed. (5)
 
If a man betrothed one of five women and does not know which one, he must give a Get to each one of them. (6)
 
Rebbi Tarfon: If a person stole from one of several people but does not know from whom he stole, he may place the stolen object between them. (7)
 
If a woman who was childless comes back from overseas and claims that she had a child and the child died first and then her husband died, she is not believed. (8)
 
If a woman who was childless comes back from overseas and claims that a Yavam was born but subsequently died, she is believed.
 
A woman is not believed to testify that her Yavam died or that her sister died.
 
A man is not believed to testify that his brother died or that his wife died.
 
It is a Chov for a woman to get divorced even in a situation of marital strife.
 
A woman prefers a less than ideal marriage than to live alone.

A BIT MORE

1. However, if the second witness -- who testifies that the man is still alive -- does not testify until Beis Din permits her to get remarried, she may get remarried.
 
2. Rebbi Akiva maintains that although the Tzarah may not get remarried, she may not continue to eat Terumah if she is a Bas Yisrael.
 
3. Rebbi Akiva maintains that although the mother-in-law may not get remarried, she may not continue to eat Terumah if she is a Bas Yisrael.
 
4. This is because at the time that she went overseas, she was Muchzak that she would fall to Yibum.
 
5. However, we must still be concerned for her words, and thus she must do Chalitzah but may not do Yibum.
 
6. Rebbi Tarfon: He must give only one Kesuvah between the five women. Rebbi Akiva: He must give a separate Kesuvah to each woman.
 
7. Rebbi Akiva: He must give the value of the stolen object to each and every one of the people from whom he may have stolen.
 
8. If she says that her husband died first and then her child died, she is not believed, but we are concerned for her words and she must do Chalitzah but not Yibum.

BRIEF INSIGHT

THE TERUMAH OF THE TZARAH
 
If a woman testifies that her husband died, her Tzarah may not get remarried, and if she is married to a Kohen she may not continue to eat Terumah if she is a Bas Yisrael, according to Rebbi Akiva. The reason why she may not eat Terumah is that if one of them gets remarried and the other one eats Terumah, one of them is certainly transgressing an Aveirah. However, although Rebbi Akiva does not allow the Tzarah to eat Terumah, he agrees that if she is Mezanah she is put to death, since she has a Chezkas Eshes Ish. (Tosfos ha'Rosh)

QUICK HALACHAH

A SAFEK KIDUSHIN
 
A man betrothed one of five women and wrote her a Kesuvah, and he does not know which one of the women he betrothed. One of the women claims that she is the one he betrothed. He is forbidden to the relatives of all of the women and he must give each one a Get. He must put down one Kesuvah between them. If the man was Mekadesh with Bi'ah, the Chachamim penalize him and he must give a Kesuvah to each one of them. (Shulchan Aruch EH 49:1)

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