Tuesday, February 3, 2015

Yevamot 122 – Hearsay about death

If one heard women discussing that so-and-so died, he can later testify about it in court so that the wife of so-and-so can re-marry. Even the talk of minors, who are not considered legally competent, suffices for this.

But perhaps those minor children were just playing funerals and eulogies, as they are wont to do? – We mean a case when they return from a funeral and mention people who were present there.

An idolater's statement is also sufficient to testify – provided he was just relating the events without any self-interest.

Rabbi Akiva told a story: once, he had to go to Nahardea in Babylon to establish a leap year. While there, he encountered Nechemyah from Beit Deli. Nehemiah told him that, contrary to the prevailing opinion at that time, he had a tradition from Rabban Gamliel that one witness of the husband's death was enough to allow the wife to re-marry. Since the country was full of ravaging troops, he appointed Rabbi Akiva as his messenger to relate this back to Israel. When Rabban Gamliel the grandson heard it, he rejoiced because they now found corroboration for this opinion, already espoused by Rabbi Yehudah ben Bava, and the law was established – thus allowing many widows to re-marry.

Art: Children Playing with Hoops in a Street by Milly Childers

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