REVACH L'DAF
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SUMMARY
Chachamim: If a woman testifies that her husband died, she is permitted to get remarried, but the Tzarah may not. Rebbi Eliezer: Since she is permitted, the Tzarah is also permitted. (1)
A person may testify about a Mes that he saw only if he saw the face with the nose and the forehead.
A person may testify that he saw someone's death only if he was present until the actual death. (2)
A person may testify about a Mes only if he saw the Mes within three days of death. Rebbi Yehudah ben Bava says that it depends on the situation. (3)
If a person finds his lost Get tied to his purse or to a ring, or he finds it among his utensils, he may use the Get. (4)
Testifying about a birthmark is not a valid method of identifying a Mes. Rebbi Eliezer ben Mahava'i maintains that it is.
Even according to the opinion that a Siman is mid'Rabanan, a Siman Muvhak is definitely mid'Oraisa.
Identifying a Mes by his clothing or by his height is not sufficient.
If a person lost his donkey and he gives a Siman for the saddle, the donkey should be returned to him, because a person does not lend out a saddle by itself.
A person who is badly mangled or is deathly ill does not convey Tum'ah until his soul departs.
If a person was lowered into the sea with a rope and the rope came back up with only the leg above the knee, his wife may remarry.
If a wild animal attacks a person's vital organ, one may testify that he died.
If the majority of a person's esophagus and trachea were slashed, we may testify that he died, but the murderer does not go into exile. (5)
If the majority of a person's esophagus and trachea were slashed and he signaled to the witnesses to write a Get, they shall do so.
A BIT MORE
1. The Chachamim maintain that a co-wife is not believed to say that her husband died, even if she remarried on the basis of her own testimony. They reason that a woman is willing to ruin herself just in order to punish her Tzarah.
2. Even if he saw someone injured very badly or attacked by a wild animal, he may not testify unless he saw the actual death. However, the Tana Kama of the Beraisa says that if a person's body is badly mangled, one may testify that he died even though he did not see the actual death.
3. It depends on the person's girth, where the Mes is situated, and how hot it was at the time. In certain situations the Mes decomposes faster than in others.
4. Even if he finds it after a long time, he may use it. Since he has a Siman on the utensils, it is obvious that it is his Get.
5. It is possible that the wind expedited his death, or that the person himself expedited his death by thrashing around.
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BRIEF INSIGHT
READING FOREHEADS
A person may testify about a Mes that he saw only if he saw the face with the nose and the forehead. The Gemara brings proof for this from the verse, "Their countenance testifies against them." The Aruch la'Ner asks, how do we see in this verse that the forehead must be intact in order to testify about a Mes? The Aruch la'Ner answers that the Zohar says that a person's Aveiros leave an identifying mark on his forehead. The explanation of this verse is that "the Aveiros that they committed testify against them," because their Aveiros are discernible on their foreheads. Therefore, it is clear that the verse is a reference to the forehead.
QUICK HALACHAH
YIBUM ON THE BASIS OF THEIR OWN TESTIMONY
If two childless Yevamos both testify that their husbands died and they did Yibum with a third Yavam, and subsequently the third Yavam also died without children, the Yevamos are forbidden to remarry. However, if the third Yavam had a child, or if he divorced them, they are permitted to remarry. (Shulchan Aruch EH 158:6)
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