Pt3 "Alas!": Thirteen Additional Stories Regarding the Reliability and Validity of Testimony About a Husband’s Death in the Context of Remarriage (Yevamot 121b-122b)
This is the third and final part of a three-part series. The first part is here; second part here. This final part contains stories #9-13 (see the outline in the first part). Continuation of the previous three-part series: “Endless Water” (Yevamot 121a-b), final installment of that series here.
Mishnah - Story of someone who stood at the top of a mountain and said: “So-and-so, son of so-and-so, from such and such a place died”
In this story, an individual stood on a mountain and declared that a certain man, identified by name and origin, had died.
Upon investigation, no evidence of the man or his death was found in the place.
However, the community trusted the proclamation enough to permit the supposedly deceased man's wife to remarry, based on the announcement alone.
מעשה באחד שעמד על ראש ההר ואמר: ״איש פלוני בן פלוני ממקום פלוני מת״.
הלכו ולא מצאו שם אדם,
והשיאו את אשתו.
There was an incident with regard to a certain individual who stood at the top of a mountain and said: So-and-so, son of so-and-so, from such and such a place died.
They went and found no person there,
but even so they relied upon the statement and allowed the wife of the individual declared dead to marry.
Mishnah - Story in Tzalmon of someone who said “I am so-and-so, son of so-and-so. A snake bit me and I am dying”
In a story from Tzalmon (צלמון), a city in Galilee, a man declared himself as "so-and-so, son of so-and-so," stating that he was dying from a snake bite.
When people found his body, they were unable to recognize him.
Nevertheless, they permitted his wife to remarry, relying on his final declaration about his identity and impending death.
ושוב מעשה בצלמון,
באחד שאמר: ״אני איש פלוני בן איש פלוני, נשכני נחש והרי אני מת״.
והלכו ולא הכירוהו,
והלכו והשיאו את אשתו.
And there was another incident in Tzalmon, a city in the Galilee,
where a particular man said: I am so-and-so, son of so-and-so. A snake bit me and I am dying.
And they went and found his corpse but could not recognize him,
yet they went ahead and allowed his wife to marry based on what he said in his dying moments.
Mishnah - Story of the discussion between R’ Akiva and Nehemiah from Beit Deli in Neharde’a
The following story, and the final story (of R’ Tarfon and Yohanan) are likely to have happened during the Bar Kokhba revolt.
R' Akiva, during his visit to Neharde’a in Babylonia to adjust the calendar, encountered Neḥemya of Beit D’li1 who raised concerns about the policy in Eretz Yisrael regarding the remarrying of women based on the testimony of only one witness—a practice not generally accepted except by Yehuda ben Bava.
Neḥemya, citing a teaching from Rabban Gamliel the Elder, argued that due to the chaotic conditions caused by military presence (גייסות), this leniency should be considered.
R’ Akiva, upon returning to Yavne and relaying this position to Rabban Gamliel’s grandson (Gamaliel II, of Yavneh), the latter was pleased as this aligned with his own views and the lenient stance was thus supported by more than one sage.
Consequently, Rabban Gamliel allowed the widows of those murdered in Tel Arza (תל ארזא) to remarry based on the testimony of a single witness, affirming the practice under extreme circumstances.
אמר רבי עקיבא:
כשירדתי לנהרדעא לעבר השנה,
מצאני נחמיה איש בית דלי,
אמר לי: שמעתי, שאין משיאין את האשה בארץ ישראל על פי עד אחד, אלא יהודה בן בבא.
ונומיתי לו: כן הדברים.
אמר לי, אמור להם משמי: אתם יודעים, שהמדינה משובשת בגייסות, מקובלני מרבן גמליאל הזקן, שמשיאין את האשה על פי עד אחד.
וכשבאתי והרציתי הדברים לפני רבן גמליאל, שמח לדברי, ואמר: מצאנו חבר לרבי יהודה בן בבא.
מתוך הדבר, נזכר רבן גמליאל שנהרגו הרוגים בתל ארזא, והשיא רבן גמליאל נשותיהן על פי עד אחד.
[...]
R' Akiva said:
When I descended to Neharde’a, in Babylonia, to intercalate the year,
I found Neḥemya of Beit D’li.
He said to me: I heard that the Sages in Eretz Yisrael do not allow a woman to remarry based on the testimony of a single witness, except for Yehuda ben Bava.
And I told him: That is so.
He said to me: Tell the Sages in my name: You know that the country is confounded by army troops, and I cannot come myself. I declare that I received this tradition from Rabban Gamliel the Elder, that the court may allow a woman to remarry based on the testimony of a single witness.
R' Akiva continues: And when I came and presented the matter before Rabban Gamliel of Yavne, the grandson of Rabban Gamliel the Elder, he rejoiced at my words and said: We have found a companion who agrees with R' Yehuda ben Bava, and since his lenient opinion is no longer the opinion of a lone Sage, it may now be relied upon.
As a result of this event, Rabban Gamliel remembered that people were murdered in Tel Arza, and Rabban Gamliel then allowed their wives to remarry based on only one witness.
[...]
Mishnah - Story of “B’nei Levi”, who went to Tzo’ar, and the Innkeeper
During a journey to Tzoar (a town mentioned in the Bible, near the Dead Sea), one of a group referred to as “B’nei Levi” 2fell ill and was left to rest at an inn.3 When the others returned, they inquired about their friend, and were informed by the female innkeeper that he had died, and that she had buried him. Based on her testimony, they allowed his widow to remarry.
אמרו לו:
מעשה בבני לוי שהלכו לצוער עיר התמרים,
וחלה אחד מהם, והביאוהו בפונדק.
ובחזרתם אמרו לפונדקית: ״איה חברנו?״
נומית להם: ״מת, וקברתיו״,
והשיאו את אשתו.
[...]
They said to R' Akiva [...]
an incident occurred involving B’nei Levi who traveled to Tzoar, the city of date palms.
And one of them became ill, and they brought him to an inn [pundak] to rest, while they continued on their travels.
Upon their return to the inn they said to the innkeeper, who was a woman: Where is our friend?
She told them: He died, and I buried him.
And based on her testimony they allowed his wife to remarry.
[...]
Story of R’ Tarfon and Yohanan ben Yonatan Ari, from Kefar Shihlah
The Talmud quotes a beraita with the following story: A man came before R' Tarfon to testify about the death of a woman's husband. He told the following story:
While traveling together, he and the woman’s husband were chased by soldiers. The husband, demonstrating quick thinking and bravery, used an olive branch as a makeshift weapon to repel the attackers. In admiration, the main called him "Lion," which coincidentally was the man's nickname in his hometown, where he was known as “Yoḥanan, son of R' Yehonatan, the lion from Kefar Shihlah”.4 After that incident, the man fell sick and died.
Based on this account, R' Tarfon allowed the widow to remarry.
תנו רבנן:
מעשה באדם אחד, שבא להעיד על האשה, לפני רבי טרפון.
אמר לו: ״בני, היאך אתה יודע בעדות אשה זו?
אמר: ״אני והוא היינו הולכים בדרך, ורדף אחרינו גייס, ונתלה בייחור של זית ופשחו, והחזיר את הגייס לאחוריו״.
״אמרתי לו: ׳אריה! יישר כחך׳.
אמר לי: ׳מנין אתה יודע שאריה שמי? כך קורין אותי בעירי: יוחנן ברבי יהונתן, אריה דמכפר שיחיא׳.
לימים, חלה, ומת.״
והשיא רבי טרפון את אשתו.
The Sages taught:
An incident occurred involving a certain individual who came to testify before R' Tarfon with regard to a woman whose husband had died.
He said to him: My son, how do you come to know testimony that the husband of this woman died?
He said:5
He and I were traveling on the road together, and a troop of soldiers chased after us. He hung onto an olive branch, and tore it off to use as a heavy staff to intimidate the soldiers, and forced the troop to withdraw.
After this heroic act I said to him, admiring his bravery: Lion [arye], may your strength continue to be firm.
He said to me: From where do you know that my name is Arye? That is what they call me in my city: Yoḥanan, son of R' Yehonatan, the lion from the village Shiḥayya.
After a while, he fell sick and died, and consequently the fellow traveler knew his name and could testify about him.
And R' Tarfon allowed his wife to marry based on this testimony.
נחמיה איש בית דלי. This place name is not mentioned elsewhere. See here for a discussion of its possible identity.
בני לוי. Seinzaltz’s translation “Levites” is likely incorrect; if that was the intention, it would more likely say “לויים“.
פונדק - from Greek pandokeîon.
כפר שיחלה = כפר שחליים – ויקיפדיה. This is how the place name appears in the version quoted in the Talmud Yerushalmi.
In general, this story appears in the Tosefta. It is quoted also in Jerusalem_Talmud_Yevamot.16.5.5. See a discussion of this passage in Mishnat_Eretz_Yisrael_on_Mishnah_Sanhedrin.4.1.34.
From here until the last line is a quote from the person giving testimony.