1,855. Testifying About an Uncertain Death

Hilchos Geirushin 13:19

Let’s say that one witness testifies that he saw the man die in a war or a landslide, or that he drowned in the ocean, or he named one of the other causes that would likely result in death. If the witness says that he buried him, his word is accepted and the deceased’s wife is permitted to remarry. If he didn’t say that he buried him, then she is not permitted to remarry but if she does so, she need not leave the second husband.

Hilchos Geirushin 13:20

Similarly, if one witness testifies that a man drowned in the sea or in some other body of water that doesn’t have a clear boundary, he didn’t surface and he has disappeared without a trace, then the woman is not permitted to remarry based on such testimony, as has already been explained (halacha 13:16). If she did remarry, however, she is not compelled to leave the second husband. Even if a non-Jew said in the course of normal conversation that person X drowned at sea and the man’s wife was permitted to remarry based on this testimony, she is not compelled to leave the second husband. However, the authority who permitted her to remarry based on such a reason should be placed under a ban.