Yevamos - Daf 118
- אחת אומרת מת ואחת אומרת לא מת
The Mishnah on the bottom of Daf 117b stated, regarding two tzaros who were overseas with their husband, and then returned: אחת אומרת מת ואחת אומרת לא מת – If one of the wives said regarding her husband, “He died,” and the other one said, “he did not die,” the one who says he died may marry and collect her kesubah, and the one who said that he did not die may not marry nor collect her kesubah. The Gemara says that this implies that the second tzarah could not marry because she said something, but if she were to remain quiet, she could marry based on the first tzarah’s testimony. But it was taught in a Mishnah, אין צרה מעידה לחברתה – a tzarah cannot testify for her fellow tzarah that the husband died and that she is permitted to remarry? The Gemara answers that the case of the second tzarah saying “He did not die,” was needed to teach us something, as Rashi explains, it is obvious that she cannot get married even if she were silent. However, we might have thought that the second tzarah knows that the husband is dead, but she said “He did not die,” לקלקולא לצרה היא דקמיכוונה – because she intends to ruin the first tzarah, hoping that the she will have to remain an agunah, and she is saying like Shimshon said, "תמות נפשי עם פלשתים" – Let my soul die with the Pelishtim.” Therefore, the Mishnah is teaching that in this case, the second tzarah can still not remarry.
- קידש אחת מחמש נשים ואין יודע אי זו קידש
The third Mishnah on the Daf states: קידש אחת מחמש נשים ואין יודע אי זו קידש – If one was mekadesh one of five women and does not know which one he was mekadesh, and each one says, אותי קידש – “He was mekadesh me,” he gives a get to each one and places a kesubah payment between them and withdraws, according to Rebbe Tarfon. The mefarshim explain that he does not literally place the money between them, but rather he “places” the money before them in Beis Din and challenges each one to prove that she is one who is entitled to the kesubah. Rebbe Akiva says: אין זו דרך מוציא מידי עבירה עד שיתן גט וכתובה לכל אחת ואחת – This way will not get him out of doing an averah, until he gives a get and the kesubah payment to each and every one. The Mishnah brings a similar case where one stole from one of five people but does not know from whom he stole, and each person claims he stole from them. Rebbe Tarfon holds מניח גזילה ביניהן ומסתלק – he “places” the stolen object between them and withdraws, and Rebbe Akiva says that this will not take him out of doing an aveirah until he pays the value of the stolen object to each of the claimants. The Gemara analyzes why both cases were brought.
- טב למיתב טן דו מלמיתב ארמלו
Ravina said to Rava: המזכה גט לאשתו במקום קטטה מהו – If one grants a get to his wife through a third party in a place where there is strife between the husband and the wife, what is the halachah? Do we say that since there is strife between them, זכות הוא לה – it is a zechus for her, and the klal is זכין לאדם שלא בפניו – one can act on behalf of someone’s benefit in their absence, or do we say ניחה דגופא עדיף לה – her physical comfort is better for her, and the divorce is not a zechus for her, even though there is a conflict? The Gemara answers and brings a proof that a woman always prefers to remain married, even with strife, for Reish Lakish said: טב למיתב טן דו מלמיתב ארמלו – It is better to live as two bodies than to live alone. A woman prefers to stay in a difficult marriage than to be single.
