1,845. Two Wives Differing as to Their Husband's Death

Hilchos Geirushin 12:23

If two witnesses testify that a man died but two others testify that he didn’t, his wife may not remarry. If she already remarried, she must leave the second husband because of the doubt. If she married one of the witnesses 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.

Hilchos Geirushin 12:24

Let’s say that a man has two wives, one of whom arrives and says that he died. She may remarry on the basis of her own testimony but the other wife may not. This is because a man’s wives may not testify on behalf of one another. This is true even if the first wife already remarried; we don’t say that the logic that she wouldn’t cause herself to become prohibited to him is proof that he died vis-à-vis the second wife. Rather, we consider that her rivalry with the other wife might be so intense that she’s willing to prohibit herself as a ruse to spitefully get the other wife prohibited as well. If one wife says that the husband died and the other says that he didn’t die, the former may remarry. Just as one wife’s testimony doesn’t render a fellow wife permitted, it likewise doesn’t render her prohibited. If one wife says that their common husband died and the other wife says that he was killed, they are both permitted to remarry because they both agree that he’s no longer alive.