Yevamos Chapter 7, Mishnah 7 - this is the mishnah that concludes Maseches Yevamos. From here we move on to Maseches Kesubos, and we hope you will join us for that study as well.
The Testimony of Nechemyah of Beis D'li:
The mishnah opens with the words of Rabbi Akiva: "K'sheyaradti l'Neharde'a l'aber hashanah" - when I went down to Neharde'a to declare a leap year. Rabbi Akiva was from Eretz Yisrael, but Roman decrees prevented the Sages from declaring leap years and controlling the calendar in Eretz Yisrael, so he went down to Neharde'a in Babylonia in order to declare the leap year there.
There, in his words, "matzasi Nechemyah ish Beis D'li" - I found Nechemyah of Beis D'li, a Torah scholar by that name. Nechemyah said to him: "Shamati she'ein masi'in es ha'ishah b'Eretz Yisrael al pi ed echad" - that is, in Eretz Yisrael it is not the practice to permit a woman to remarry on the basis of the testimony of a single witness, and Rabbi Yehudah ben Bava is the only one who held the view that a woman may remarry on the word of one witness. Rabbi Akiva answered him that this was indeed the case.
Nechemyah said to him: "Emor lahem" - tell them, meaning the Sanhedrin and the Torah scholars in Eretz Yisrael - "atem yod'im shehamedinah meshubeshes b'gayasos", the country is in ruins because of the armies overrunning it and the roads are dangerous to travel, "mekubalani meRabban Gamliel haZaken shemasi'in es ha'ishah al pi ed echad" - I have a tradition from Rabban Gamliel the Elder that a woman may remarry on the word of a single witness. Thus he presented testimony and a tradition supporting this view.
Rabban Gamliel's Reaction:
Rabbi Akiva continues and relates: "Uk'sheba'si v'hiratzti hadevarim lifnei Rabban Gamliel" - when he returned to Eretz Yisrael, he presented the matter and explained the tradition he had received before Rabban Gamliel (the grandson of Rabban Gamliel the Elder). "Samach lidvarai" - Rabban Gamliel was glad to hear this, "v'amar: matzanu chaver l'Rabbi Yehudah ben Bava" - and he said: we have found a colleague for Rabbi Yehudah ben Bava. Until then Rabbi Yehudah ben Bava stood alone in his opinion that one may rely on a single witness, and now an additional testimony had come to light in support of him.
"Mitoch hadavar nizkar Rabban Gamliel" - in the course of the discussion Rabban Gamliel recalled that men had been killed at Tel Arza, and that Rabban Gamliel the Elder, his grandfather, had permitted their wives to remarry on the word of a single witness. From this, "v'huchzeku lihyos masi'in al pi ed echad" - it was established that a woman may remarry on the basis of the testimony of one witness. And not only that, but it was established that she may remarry in the following cases as well:
"Mipi ed" - testimony that one witness heard from another witness.
"Mipi eved" - testimony heard from a slave.
"Mipi ishah" - the testimony of a woman.
"Mipi shifchah" - the testimony of a maidservant.
All of these are generally disqualified from giving testimony, and nevertheless they were accepted as valid to testify about the death of a woman's husband.
The Dispute Among the Sages:
Rabbi Eliezer and Rabbi Yehoshua say: "Ein masi'in es ha'ishah al pi ed echad" - a woman may not remarry on the basis of the testimony of a single witness at all.
Rabbi Akiva says: "Lo al pi ishah, v'lo al pi eved, v'lo al pi shifchah, v'lo al pi kerovim" - the tradition he received from Nechemyah of Beis D'li was that a single witness suffices, but that witness must be a valid witness.
The Incident of the Innkeeper in Tzo'ar:
The Sages responded to him from an incident that seems to show that a valid witness is not required: "Ma'aseh b'vnei Levi shehalchu l'Tzo'ar ir hatemarim" - an incident with Levi'im who traveled to Tzo'ar, the city of date palms. One of them fell ill on the way, and they brought him to an inn. On their return journey they asked the innkeeper: "Ayeh chaverenu?" - where is our sick companion whom we left with you? She said to them: "Meis uk'vartiv" - he died and I buried him, and on the basis of her words they permitted his wife to remarry. This woman was not even Jewish, and still they relied on her.
And so they said to him: "Lo tehei kohenes k'fundakis?" - a kohenes, the daughter of a kohen, is an example of a woman of distinguished lineage. Shall a woman of distinguished lineage not be as trustworthy as this gentile innkeeper?
Rabbi Akiva answered them: that would indeed be the law if the innkeeper's credibility rested on her words alone, but in fact she had additional proofs in her possession. The innkeeper produced for them:
"Maklo" - the deceased man's staff.
"Tarmilo" - his bag and pouch.
"Sefer Torah shehayah b'yado" - the Sefer Torah he had carried with him.
By this she proved that these were items that would never have come into her possession had he not died. Therefore the incident is no proof that we rely on someone who is not a valid witness, since that woman had in her hands clear signs that genuinely proved that the man had died and that his wife was permitted to remarry.
In summary: In this mishnah we learned the testimony of Nechemyah of Beis D'li in the name of Rabban Gamliel the Elder, that a woman may remarry on the word of a single witness; Rabban Gamliel's joy that a colleague had been found for Rabbi Yehudah ben Bava; the incident of those killed at Tel Arza, from which it was established that a woman may remarry on the word of a witness, and even on the report of a witness quoting a witness, a slave, a woman or a maidservant; and the dispute of Rabbi Eliezer and Rabbi Yehoshua who disagree with this, and Rabbi Akiva who requires specifically a valid witness. Finally we examined the incident of the innkeeper in Tzo'ar, from which no proof can be drawn, since she had clear identifying signs in her possession.
With this we complete Maseches Yevamos, and we hope you will join us for the study of Maseches Kesubos.