1,853. If a Man Fell into the Ocean

Hilchos Geirushin 13:15

We’ve already established that hearsay is acceptable when it comes to testifying that a woman’s husband has died, and she can remarry based on such testimony. This is even if the witness heard it from a woman or a servant. However, if a witness, a woman or a servant says that person X died, or they saw that he died, they should be asked what they saw and how they know that he died. If the person responds clearly, his word is accepted. If he describes a set of circumstances in which the person would likely have died, his wife is not given permission to remarry. This is because testimony about a man’s death is only admissible when the witness can testify without any doubt that he saw the man die.

Hilchos Geirushin 13:16

Pursuant to the previous halacha, if a man was seen falling into the sea – even the ocean – one may not testify that he died because it’s possible that he became a castaway or was able to escape outside of view. If he fell into a body of water with clear borders, like a well or a cavern where one can see the entirety of it, then one may testify that he died and his wife may be given permission to remarry so long as the witness stayed there long enough that it would have been impossible for the man to survive without surfacing. Similarly, if he was thrown into the sea and a net was thrown in after him, retrieving a limb that one couldn’t live without, one can testify that he died and his wife may remarry.