Yevamos - Daf 117
- Does a woman collect her kesubah when she testifies that her husband has died?
The Mishnah states regarding to what extent is woman believed when she testifies her husband has died: Beis Shammai say: תנשא ותטול כתובתה – she may marry and collect her kesubah. The Mishnah clarifies that although Beis Hillel originally disagreed and said she may not collect her kesubah, they eventually reversed themselves and ruled in accordance with Beis Shammai. Rav Nachman said that if a woman comes to Beis Din and said, “My husband died, permit me to marry,” we permit her to marry and give her kesubah. But if she said, “My husband died, תנו לי כבובתי – give me my kesubah,” we do not give her the kesubah, ואף להנשא אין מתירין אותה – and we do not even permit her to marry. The reason is אדעתא דכתובה אתאי – she came to Beis Din for the purpose of collecting her kesubah. Rashi explains she has come for a monetary issue which requires two witnesses.
- Is a woman’s father-in-law’s daughter believed to say her husband has died?
The next Mishnah on the Daf states regarding testifying that a woman’s husband has died: הכל נאמנין להעידה חוץ מחמותה ובת חמותה וצרתה ויבמתה ובת בעלה – Everyone is believed to testify for her except her mother-in-law, her mother-in-law’s daughter, her tzarah, her yavam’s wife, and her stepdaughter. Rashi explains that they are not believed since they hate her and intend to cause her harm by lying. For example, the mother-in-law hates her for she sees her as someone will consume her son’s inheritance from his father, which includes what resulted from the mother-in-law’s efforts and possessions she brought into the marriage. The Gemara asks what the halachah with respect to בת חמיה – her father-in-law’s daughter, from a different wife? Is the reason the mother-in-law’s daughter is not believed, is because her mother hates her, so too she hates her, and in this case, there is no mother-in-law? Or is it because she says that the daughter-in-law will consume her mother’s toil, and so too here, she will consume her father-in-law’s toil? The Gemara does not resolve the question.
- Is a woman permitted to marry when a single witness is contradicted by a second witness?
The next Mishnah states: עד אומר מת ונשאת ובא אחד ואמר לא מת הרי זו לא תצא – If one witness says, “Her husband died,” and she married on the basis of that testimony, and then another witness comes and says, “He did not die,” she does not leave, referring to her second husband. The Gemara says it seems the only reason we disregard the second witness’s testimony is that she had already married, but if she had not yet married, she would not have been permitted to do so. Why should this be? For Ulla said: כל מקום שהאמינה תורה עד אחד הרי כאן שנים ואין דבריו של אחד במקום שנים – Wherever the Torah believes a single witness it as though there are two witnesses there. Therefore, even if a second witness comes and testifies to the contrary, the words of one witness are not significant relative to the words of two witnesses. This being the case, then the woman should have been permitted to marry even if the second witness testified before she had done so!? The Gemara answers that the Mishnah is in fact saying, that if one witness testified saying, “He died,” והתירוה להנשא – and Beis Din permitted her to marry on that basis, and then a second witness comes and testifies to the contrary, לא תצא מהיתרא הראשון – she does not leave her original state of heter.
