Yerushalmi Yevamot 15:4 ירושלמי יבמות ט״ו:ד׳

MISHNAH: Everybody is accepted to be a witness for her⁸⁰As explained in Mishnah 16:8, even slaves and in certain cases people who attest to hearsay are empowered to declare that the husband died and that the woman is a widow free to remarry. except⁸¹It is assumed that these hate her and that they might give wrong information in order to forbid her to her husband. her mother-in-law, her mother-in-law’s daughter, her co-wife, her levir’s wife, and her husband’s daughter⁸²From another wife.. What is the difference between a bill of divorce and death⁸³It is stated in Mishnah Giṭṭin 2:8 that the women who are not empowered to testify to the husband’s death are empowered to deliver her bill of divorce and to testify to its validity.? The document is the proof. If one witness says that he died and she remarried, then another comes and says that he is not dead, she shall not leave⁸⁴Once she has remarried, her marriage can be invalidated only by the (biblically valid) testimony of two independent credible witnesses. But if she has not yet remarried, it is the word of one against the other and she should not remarry until the situation is clear.. If one witness says that he died but two say that he did not die, even if she remarried she must leave. If two say that he died but one said that he did not die, even if she has not yet remarried she may remarry⁸⁵Since the testimony of two witnesses is valid by biblical standards (Deut. 19:15), the word of a single witness is disregarded..

HALAKHAH: “Everybody is accepted to be a witness for her,” etc. It was stated⁸⁶Tosephta 14:1. The Babli, 117a, agrees implicitly since it states that it is not necessary to note that the daughter-in-law cannot be trusted since the mother-in-law is on the list.: “Just as they cannot be trusted for her, so she cannot be trusted about them.” Her mother-in-law’s son is like her mother-in-law’s daughter. Her husband’s son is like her husband’s daughter. Her co-wife, even if remarried⁸⁷She no longer has any interest in her former husband’s marriage.. Her levir’s wife, even [if she is] her own sister⁸⁸Who can never be married in levirate.. Rebbi Yose said, a Mishnah says that they did not treat the males as they treat the females, as we have stated there: “because a woman is not trusted if she says, my levir died, that she should be free to remarry, nor that her sister died, to enter her house.⁸⁹Mishnah 12. The Mishnah continues: “Nor can a man be trusted to say ‘my brother died’ in order to marry his wife, nor ‘my wife died’, in order to marry her sister.” That means that the levir can be trusted if he says that his brother died if the latter had children. But the statement of the Mishnah, that the levir’s wife is excluded from testimony, is absolute and not dependent on her being a candidate for levirate.” Because she has no children. But if she has children, she is trustworthy.

Does the document prove? Do we not have to believe what she says? If she did not say ‘it was written in my presence, it was signed in my presence’, would you permit her to remarry⁹¹Mishnah Giṭṭin 1:1 states that abill of divorce brought from far away is accepted by the local court only if the person delivering the bill testifies that it was executed in his presence and, therefore, he can be queried about the details of the execution. Without such testimony, the woman to whom the bill is addressed cannot be declared to be a divorcee free to remarry.? Rebbi Yose ben Rebbi Abun said, that parallels what Rebbi Abun said⁹²In Halakhah Giṭṭin 1:1., one does not suspect him to vilify her in the eyes of Heaven; he is suspect to vilify her in the eyes of the court⁹³If the husband would trick the messenger into delivering an invalid bill of divorce and the court would declare the woman free to remarry on that basis, the only consequence would be that the children of the divorcee from a second husband would be bastards in the eyes of Heaven. Since the divorce, once approved by a competent court, cannot be reversed, the second marriage will always be legitimate in the eyes of the public and the children will be legitimate and able to marry in the congregation. But the court has to be able to cross-examine him before it accepts the document to be sure that the husband had the bill signed by witnesses in good standing.. Since he knows that if he were to come [and object, his objection] would not be accepted⁹⁴In the Babli, this is the argument of Rava (cf. Chapter 1, Note 19). Another opinion there holds that the excluded women may deliver a bill of divorce only locally since then their testimony is not needed, as the testimony is not directly mentioned in Mishnah Giṭṭin 2:8. Since the Babli accepts Rava’s argument, it concurs that a bill of divorce duly accepted in a second court cannot be attacked by the husband., he has [the bill of divorce] signed by witnesses in good standing. And here, since she knows that her word does not count for the other woman, she will be truthful.

“If one witness says,” etc. “If one witness says that he died and she remarried, then another comes and says that he is not dead, she shall not leave.” Because he said that after she had remarried. Therefore if [the second witness came] before she remarried, if she remarried she has to leave. Rebbi Joḥanan said, these are the words of Rebbi Menaḥem ben Rebbi Yose⁹⁶Tosephta 14:1.. But the words of the Sages [are], whether he testified after she remarried or before she remarried, she should not remarry⁹⁷Since a woman remarrying on the testimony of a single witness does so at her own peril as explained in Halakhah 10:1., but if she remarried she shall not leave. Rav Naḥman bar Jacob said in the name of Rav, if she was married by the testimony of two witnesses, even if he returns, one says to him, “you are not he.⁹⁸In this version, the court tells the returning husband that they do not know him. In the earlier version (Chapter 10, Note 129) the wife tells the returning husband that she does not know him.” Rebbi Samuel ben Rav Isaac asked, think of it, if he is a famous person like Immi? Rebbi Yose ben Rebbi Abun said, is there nobody who would look like Rebbi Immi⁹⁹The rule of Rav was also accepted in Galilee, with misgivings.? There came a case before the rabbis there. They said to him, “you are not he.” Abba bar Abba¹⁰⁰Samuel’s father. The story implies that Abba bar Abba did outlive Rav since “the students of Rav” only appear in cases after Rav’s death. got up and whispered in his¹⁰¹The second husband, who had married her on the testimony of two credible witnesses with the agreement of the court. ear saying, by your life, give her a bill of divorce because of the doubt. Rav’s students got up and beat him. Somebody said, the whip is burning and the footstool is burning¹⁰²It is difficult to understand what this means; probably one should translate אמר as third person plural: They (Rav’s students) said that Abba bar Abba should be whipped with a burning whip kneeling on a burning footstool because he denied the validity of their teacher’s decision.. Samuel said, I was there, no whip was burning and no footstool was burning, but my father was hit¹⁰³In the tumult. and got up¹⁰⁴He left without insisting that the matter of applying Rav’s teaching should come to a vote. The Babli knows nothing of Rav’s ruling nor of Abba bar Abba’s opposition.. There came a case before Rebbi Immi. He said to him¹⁰⁵A man went overseas with his two wives; the wives return without the husband., yes, it is sure that she is permitted to you but you should know that the child of this man is a bastard before Heaven. Rebbi Ze‘ira was praising him because he made the situation clear.