1,843. Witnesses Who Differ Simultaneously as to a Man's Death

Hilchos Geirushin 12:19

Let’s say that two witnesses arrive simultaneously. One testifies that the man died and the other testifies that he didn’t, or one woman testifies that he died and another woman testifies that he didn’t. In such a case, the man’s wife may not remarry; if she did, she must leave the second husband because she may still be married. However, if she married the witness who testified that her husband died and she also says that she’s sure that he died, then she need not leave the second husband. If two witnesses come and testify that the first husband didn’t die, then she must leave the second husband.

Hilchos Geirushin 12:20

The previous halacha applies when the witness whose testimony allowed the woman to remarry is legally in the same category as the two who later contradict him. For example, if a woman was permitted to remarry based on the testimony of one man and two men testified that her husband didn’t die, or if she was permitted to remarry based on the testimony of one woman and two women or two men who were disqualified as witnesses under rabbinic law testified that her husband didn’t die. However, if one halachically-valid witness testifies that her husband died and many women or many rabbinically-disqualified men testify that her husband didn’t die, then the testimonies are a wash. Therefore, if she marries one of the witnesses who testified that her husband died and she says that she’s sure he died, then she need not leave the second husband.