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|12th CYCLE DEDICATIONS|
YEVAMOS 116 - Dedicated by Andy and Nancy Neff in honor of the marriage of their daughter Abby to Adi Isaacs (of LA). Mazel Tov - may they merit to build a house of Torah and Chesed and to raise children in to Torah and Yir'as Shamayim!
If one sells a loan document to his friend, the method of Kinyan is simply handing over the document.
Witnesses testify that a person was in a certain place on a certain day. Rava and Abaye disagree about whether we are concerned that he went to a distant city on the same day. (1)
If the witnesses were instructed to write a Get in one city and they wrote the Get in another city, they should write the name of the city where the Get is written.
Rav Yeimar: A person says that he returned his friend's sesame and the sesame that he has in his possession is his own. If the sesame that he has is the exact same number of his friend's sesame, he is not believed. (2)
Rav Huna: If a woman tells her husband that he divorced her, she is believed. (3)
If a woman has marital discord, she is not believed to testify that her husband died. (4)
The Gemara asks about whether a single witness is believed to testify that a husband died in a case where there was marital discord. (5)
Beis Hillel initially said that a woman who testifies that her husband died is believed only if she says that he died at the harvest. (6)
A person may not bring the water or ashes of the Parah Adumah on a boat or animal across the river, nor may he swim with it or send it on a float. (7)
Rebbi Chananyah ben Akavya maintains that the prohibition to cross the river with the ashes of the Parah Adumah applies only to a boat crossing the Jordan River.
A BIT MORE
1. Rava: We are concerned that he went to the other city with a speedy camel or by using Kabalistic incantations, or that he instructed the witnesses in his own city to write a Get and they wrote the Get in another city. Abaye: We are not concerned for these possibilities.
2. Ravina argues and says that he is believed, because perhaps he returned his friend's sesame and filled the jar with his own sesame which happens to be have the same number of seeds.
3. This is because there is a Chazakah that a woman does not have the temerity to say such a lie in front of her husband.
4. Rebbi Chanina: We are concerned that she is lying. Since she hates him so much, she is trying to prohibit herself to her husband. Rav Simi bar Ashi: We are concerned that she is only assuming that he died without actually having witnessed his death.
5. If the reason for why a single witness is believed to testify that a husband died is that it is something that will become revealed eventually, the witness would be believed in this case as well. If, however, the reason for why the witness is believed is that the woman investigates before she remarries, in this case the witness should not be believed; since there is marital discord, she will not investigate. The Gemara leaves the question unresolved.
6. She is believed only if she says that he died at the harvest in the same country. Since she is claiming that the incident occurred in close proximity, she is afraid to lie. Beis Shamai argues and says that she is believed regardless of where it happened. Eventually Beis Hillel retracted and agreed with Beis Shamai.
7. He may carry it across the water if his feet are touching the ground, and he may carry it across a bridge.
A SPEEDY CAMEL
If witnesses testify that a person was in a certain place on a certain day, Abaye rules that we are not concerned that he went to a distant city on the same day. Rava rules that we are concerned that he went to the other city with a speedy camel or by using Kabalistic incantations, or that he instructed the witnesses in his own city to write a Get and they wrote the Get in another city. Tosfos asks that the Gemara in Makos teaches with regard to Edim Zomemim that we are not concerned that the Edim used a speedy camel. Rabeinu Menachem answers that if the Edim had used a speedy camel, they should have made that claim, and since they did not mention that they used a speedy camel we do not believe that they did so.
A woman is believed to testify that her husband died only if she was living in marital harmony, but if there was marital discord, she is not believed even if she claims that she buried him. (Examples of known marital discord include that she claimed that her husband divorced her in front of two witnesses and the witnesses deny it, or her husband became estranged to Torah and left her an Agunah and subsequently they went out of the country together, and she returned and claimed that her husband died. Even if one witness testifies that her husband died, he is not believed, because perhaps she hired that witness. If she does remarry, however, she may stay with the second husband because there is one witness. (Shulchan Aruch EH 17:48)
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