1)

WHEN WE MAY RELY ON A NOCHRI (cont.)

(a)

Ploni's wife heard this and came before Abaye. He required her to wait until Chachamim gather to learn Halachos of the festival.

(b)

Rav Ada bar Ahavah (to the woman): Ask Rav Yosef, he is very sharp.

(c)

Rav Yosef: The following Beraisa shows that she is not permitted.

1.

(Beraisa): If a Nochri was selling fruit and said 'it is Orlah (within the first three years of the tree), or of Azika (a place where fruits were guarded in Shemitah), or it is fourth year produce (which must be eaten in Yerushalayim in Taharah, or redeemed)', his words have no effect, since he intended only to praise his fruit. (Similarly, this Nochri just wanted to scare the Yisrael.)

(d)

(Aba Yudan): A case occurred in which a Yisrael and Nochri traveled together. The Nochri said 'Woe to the Yisrael who traveled with me. He died and I buried him.' Chachamim permitted his wife to remarry.

(e)

There was also a case of a company of men going to Antuchya. A Nochri said, 'Woe to this company of men. They died and I buried them.' Chachamim permitted their wives to remarry.

(f)

There was a case of 60 men going to Beitar. A Nochri said, 'Woe to the 60 men who were going to Beitar. They died and I buried them.' Chachamim permitted their wives to remarry.

2)

MUST THE DECEASED BE SEEN?

(a)

(Mishnah): We may testify if the deceased was seen by candlelight or by moonlight. We may testify based on a voice, even if no body was seen.

(b)

A case occurred in which a man was on a mountain top. He gave his name and place, and said that he is dying. People went and did not find anyone. His wife was permitted to remarry.

(c)

A case occurred in Tzalmon in which a man gave his name and said that he is dying from a snakebite. They were unable to identify the body. His wife was permitted.

(d)

(Gemara - Rabah bar Shmuel - Beraisa - Beis Shamai): We cannot permit a woman based on a voice alone;

(e)

Beis Hillel permit this.

(f)

Question: Why did Rabah teach this? We already know that it is permitted from our Mishnah!

(g)

Answer: He teaches that if we find a Stam Beraisa that does not permit through a voice alone, it is Beis Shamai.

(h)

(Mishnah): They went and did not find him ... (his wife was permitted).

(i)

Question: Perhaps they heard a Shed (a being that has similarities to people and to angels)!

(j)

Answer #1 (Rav Yehudah): (When he was speaking) they saw a human form.

(k)

Question: Shedim also have human forms!

(l)

Answer: He had a shadow.

(m)

Question: Shedim also have shadows!

(n)

Answer: He had a shadow of a shadow. (A Gaon says that we are not proficient about this. Pischei Teshuvah connotes that it is a shadow longer than the person's height, or a dark shadow inside a lighter shadow.)

(o)

Question: Perhaps Shedim also have shadows of shadows!

(p)

Answer (R. Chanina): Yonasan Sheida (a Shed, or an expert about Shedim) told me that Shedim have shadows, but not shadows of shadows.

(q)

Question: Perhaps it was a Tzarah (intending that her Tzarah remarry and later be forced to leave her husband)!

(r)

Answer (Tana d'Vei R. Yishmael): At a time of danger, we may write and give a Get even if we do not recognize the husband (who commands. Here also, there is no other way to permit his wife, so we overlook this concern.)

3)

DO WE RELY ON ONE WITNESS?

(a)

(Mishnah - R. Akiva): When I went to Neharde'a to make a leap year, I encountered Nechemyah of Beis Deli.

(b)

Nechemyah: I heard that in Eretz Yisrael, only R. Yehudah ben Bava permits a woman based on one witness.

(c)

R. Akiva: That is correct.

(d)

Nechemyah: Tell them in my name that the roads are perilous because of soldiers; I received from R. Gamliel the Elder that a woman may remarry based on one witness.

(e)

R. Akiva: When I told this to R. Gamliel (the grandson of R. Gamliel the Elder), he rejoiced.

(f)

R. Gamliel: We have found a colleague (support) for R. Yehudah ben Bava!

1.

R. Gamliel recalled that men were killed in Tel Arza, and R. Gamliel [the Elder] permitted their wives based on one witness. It became established to remarry based on second hand testimony, and based on a slave or woman;

(g)

R. Eliezer and R. Yehoshua say, a woman may not remarry based on one witness;

(h)

R. Akiva says, she may not remarry based on a slave or a woman or relatives.

(i)

(Gemara) Question: R. Akiva permits her to remarry based on a woman!

1.

(Beraisa - R. Shimon ben Elazar citing R. Akiva): A woman is believed to bring her own Get (from Chutz la'Aretz, and to testify that it was written and signed in front of her) from a Kal va'Chomer:

i.

The women who are not believed to say that Leah's husband died (e.g. her mother-in-law - 117a) are believed to bring Leah's Get. All the more so Leah herself, who is believed to say that her husband died, is believed to bring her own Get!

2.

Inference: Only those women are not believed to say that Leah's husband died, but other women are believed!

(j)

Answer: R. Akiva's opinion at the end of our Mishnah was taught before it was established to remarry according to invalid witnesses. The Beraisa is after this became the practice.

(k)

(Mishnah): They told R. Akiva about a case in which Leviyim went to Tzo'ar. One got sick, and they left him at an inn. When they returned, they asked where he is. The innkeeper said that he died, and she buried him. Based on this, they permitted his wife to remarry.

1.

A Kohenes (a Kosher woman) should be believed no less than an innkeeper!

(l)

R. Akiva: In a case like that of the innkeeper, she is believed!

1.

The innkeeper gave them the man's staff, bag and Sefer Torah.

122b----------------------------------------122b

(m)

(Gemara) Question: Why should an innkeeper be worse than a regular woman? (They said 'a Kohenes should be believed no less than an innkeeper.')

(n)

Answer (Rav Kahana and Aba brei d'Rav Minyomi's Beraisa): The innkeeper was a Nochris. She spoke l'Fi Tumo, 'this is his staff and bag, and this is the grave I buried him in.'

(o)

Objection: They asked her 'where is our friend?' (so she was not l'Fi Tumo)!

(p)

Answer: When she saw them, she cried even before they asked.

4)

MUST WE INTERROGATE THE WITNESS?

(a)

(Beraisa #1): Reuven came in front of R. Tarfon for Edus Ishah.

1.

R. Tarfon: How do you know that the man died?

2.

Reuven: We were travelling together; a troop chased us. He broke off an olive branch and chased them away. I said 'Aryeh (lion), your strength should be increased!'

i.

Aryeh: How did you know my name? In my city, they call me Yochanan b'Rebbi Yonasan Aryeh, of the village Shichya.

3.

Reuven: Later, he fell sick and died.

4.

R. Tarfon permitted Aryeh's wife to remarry.

(b)

Contradiction: R. Tarfon requires interrogating the witness!

1.

(Beraisa #2): Reuven came before R. Tarfon for Edus Ishah.

2.

R. Tarfon: How do you know that the man died?

3.

Reuven: We were travelling together; a troop chased us. He broke off an olive branch and chased them away. I said 'Aryeh, your strength should be increased!'

i.

Aryeh: You guessed my name! In my city, they call me Yochanan ben Yonasan Aryeh, of the village Shichya.

4.

Reuven: Later, he fell sick and died.

5.

R. Tarfon: Didn't you say Yochanan ben Yonasan of the village Shichya Aryeh?

6.

Reuven: No, I said Yochanan ben Yonasan Aryeh, of the village Shichya.

7.

R. Tarfon tested Reuven two or three times. When he saw that his story was consistent, he permitted Aryeh's wife to remarry.

(c)

Resolution: Tana'im argue about whether or not interrogation is required (and about R. Tarfon's opinion):

1.

(Beraisa): We do not interrogate witnesses testifying to permit a woman to remarry;

2.

R. Akiva and R. Tarfon say, we interrogate them. (Almost all Meforshim had this text. Our text attributes the first opinion to R. Akiva.)

(d)

The Tana'im argue about R. Chanina's law.

1.

(R. Chanina): Mid'Oraisa, both monetary and capital cases require interrogation - "You will have one law";

i.

Chachamim said that we do not interrogate in monetary cases, lest people be discouraged from lending money (out of fear lest the witnesses be disqualified).

2.

The first Tana (in the Beraisa) considers Edus Ishah to be a monetary case, since she receives her Kesuvah (if we allow her to remarry);

3.

R. Akiva and R. Tarfon hold, since we permit a married woman to remarry, it is like a capital case.

(e)

(R. Elazar): Chachamim increase Shalom in the world - "All your children are learned of Hash-m, great is the Shalom of your children".

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