Talmud Yerushalmi
Yerushalmi Yevamot 15:6 ירושלמי יבמות ט״ו:ו׳
Part of: Chapter 15
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משנה: עֵד אָמַר מֵת וְעֵד אֶחָד אָמַר לֹא מֵת אִשָּׁה אָמְרָה מֵת וְאִשָּׁה אוֹמֶרֶת לֹא מֵת הֲרֵי זוֹ לֹא תִינָּשֵׂא.
MISHNAH: One witness said that he died, another witness said that he did not die; a woman said that he died, another woman said that he did not die; she may not remarry139Two witnesses testify to opposite facts and the court sees no reason to believe the one more than the other. In that case there is no testimony and the wife of the disappeared husband cannot remarry..
MISHNAH: One witness said that he died, another witness said that he did not die; a woman said that he died, another woman said that he did not die; she may not remarry139Two witnesses testify to opposite facts and the court sees no reason to believe the one more than the other. In that case there is no testimony and the wife of the disappeared husband cannot remarry..
הלכה: אָמְרָה מֵת בַּעֲלִי כול׳. גִּידֻל בַּר מִנְיָימִין בְּשֵׁם רַב. בְּכָל מָקוֹם שֶׁהִכְשִׁירוּ עֵדוּת הָאִשָּׁה בָאִישׁ הָאִישׁ מַכְחִישׁ אֶת הָאִשָּׁה וְהָאִשָּׁה מַכְחֶשֶׁת אֶת הָאִישׁ. נִיתְנֵי. עֵד אוֹמֵר. מֵת. וְאִשָּׁה אוֹמֶרֶת. לֹא מֵת. אִשָּׁה אוֹמֶרֶת. מֵת. וְעֵד אוֹמֵר. לֹא מֵת. תַּנֵּיי דְּבֵית רִבִּי כֵן. תַּנֵּי בְשֵׁם רִבִּי נְחֶמְיָה. הוֹלְכִין אַחַר רוֹב הָעֵדוּת. הֵיךְ עֲבִידָה. שְׁתֵּי נָשִׁים וְאִשָּׁה אַחַת עָשׂוּ אוֹתָן כִּשְׁנֵי עֵדִים וְעֵד אֶחָד. הָדָה אַתְּ אָמַר בְאִשָּׁה וְנָשִׁים. אֲבָל אִם הָיוּ מֵאָה נָשִׁים וְעֵד אֶחָד כְּעֵד אִינּוּן.
HALAKHAH: “if she says ‘my husband died’,” etc109A misquote from Mishnah 7.. Gidul bar Miniamin in the name of Rav: Anywhere they accepted the testimony of a woman parallel to that of a man, a man can contradict a woman and a woman can contradict a man. Then one should state: “A witness says that he died, and a woman says that he did not die; a woman said that he died and a witness said that he did not die.” In the House of Rebbi they stated it this way. It was stated136Tosephta 14:1; formulation as in ms. A and the Babli (88b, 117b; Soṭah31b, 47b) against the reading of the Yerushalmi here and in Soṭah 6:4, 9:7. in the name of Rebbi Neḥemiah: One follows the majority of the testimonies. How is that? Two women against one woman they considered as if there were two witnesses against one witness137Two concurring witnesses have biblical status. One witness contradicting two witnesses has no standing, assuming that all are of the same reliability.. What you say refers to a woman and women. But if there were a hundred women against one [male] witness, they are like one witness138The Babli presents two opinions. Everybody holds that in the weight of testimony there is no difference between 2 and 100 witnesses. The first opinion holds that if the women came first, the single male witness has no standing. The other holds that any number of women against a male whose credibility is unimpaired (i. e., he never was found in violation of any biblical commandment) are like testimony split 50–50. This is accepted by Maimonides (Gerušin 12:20). Anywhere the text uses “witness” instead of “man” it means a male of impeccable standing.
The reading of the editio princeps, כעד אינון, is supported by R. Nissim Gerondi (Commentary to RIF Ketubot, §206): כעידי אינון..
HALAKHAH: “if she says ‘my husband died’,” etc109A misquote from Mishnah 7.. Gidul bar Miniamin in the name of Rav: Anywhere they accepted the testimony of a woman parallel to that of a man, a man can contradict a woman and a woman can contradict a man. Then one should state: “A witness says that he died, and a woman says that he did not die; a woman said that he died and a witness said that he did not die.” In the House of Rebbi they stated it this way. It was stated136Tosephta 14:1; formulation as in ms. A and the Babli (88b, 117b; Soṭah31b, 47b) against the reading of the Yerushalmi here and in Soṭah 6:4, 9:7. in the name of Rebbi Neḥemiah: One follows the majority of the testimonies. How is that? Two women against one woman they considered as if there were two witnesses against one witness137Two concurring witnesses have biblical status. One witness contradicting two witnesses has no standing, assuming that all are of the same reliability.. What you say refers to a woman and women. But if there were a hundred women against one [male] witness, they are like one witness138The Babli presents two opinions. Everybody holds that in the weight of testimony there is no difference between 2 and 100 witnesses. The first opinion holds that if the women came first, the single male witness has no standing. The other holds that any number of women against a male whose credibility is unimpaired (i. e., he never was found in violation of any biblical commandment) are like testimony split 50–50. This is accepted by Maimonides (Gerušin 12:20). Anywhere the text uses “witness” instead of “man” it means a male of impeccable standing.
The reading of the editio princeps, כעד אינון, is supported by R. Nissim Gerondi (Commentary to RIF Ketubot, §206): כעידי אינון..