Yerushalmi Yevamot 16:3 ירושלמי יבמות ט״ז:ג׳

MISHNAH: One testifies only on the appearance of the face³⁴Greek πρόσωπος, ὁ, πρόσωπον, τό, “face, front, Mask, bust” (meanings also found in Hebrew and Aramaic), also in Greek “dramatic or legal person, portrait”. Since the Yerushalmi expresses only long vowels by writtern letters, the spelling in the Mishnah would permit a vocalization of פּרֳצוֹפּ but Manadaic פארצופא confirms the spelling pronunication parṣuf. with the nose³⁵Positive identification of a corpse is only accepted if based on the recognition of the face., even though there may be marks on his body and his clothing³⁶This and the following Mishnaiot are the basis of a novel by S. J. Agnon, והיה העקוֹב למישוֹר, translated into German as: Und das Krumme wird gerade based on the misidentification of a corpse as that of the absent husband; cf. Note 154.. One testifies only up to three days³⁷After that time, the body starts to decompose and positive identification is no longer possible.. Even if one saw him cut up or crucified on the cross, or an animal eating of him, one testifies³⁸To the fact of death. Before a person has stopped breathing, there is always a chance that he might be saved. only after he has stopped breathing. Rebbi Judah ben Baba says, not all people nor all places nor all times are the same⁷²This refers to the end of the preceding Mishnah, that one testifies only within three days from the time of death. Both the Yerushalmi and the Babli tend to consider R. Jehudah ben Baba’s statement as a restriction, that under some circumstances the time available for identification is less than three days..

HALAKHAH: “One testifies only on the appearance of the face,” etc. Rav Jehudah said, the nose with the mandibles⁴⁰Reading of ms. A. Editio princeps: רב.. This follows what Rebbi⁴¹This is the reading of both sources. One might except that the reading should be “Rav”, referring to Rav’s colleague in Babylonia rather than to a Galilean Amora some 100 years later. However, in the Babli, the same argument and verse are quoted by Abbai and/or Rav Cahana II, one generation after Rebbi Jeremiah. Jeremiah said in the name of Rav: “The recognition of their faces testified about them⁴²Is. 3:9.,” that is the nose. Rebbi Ḥiyya bar Abba said, if somebody does not want to be recognized, he should put a patch⁴³Greek σπλήνιον, Latin splenium, cf. ‘Orlah 3:1, Note 20. on his nostrils, then he will not be recognized. As in the following⁴⁴This is an editorial comment, on what happened some 50 years after R. Ḥiyya bar Abba’s death. The same text appears in Soṭah 9:3.: In the times of king Ursicinus⁴⁵The legate of Caesar Gallus in Palestine, about the year 350. His oppressive regime lead to a revolt centered in Sepphoris., some people from Sepphoris were under arrest warrants. They put patches on their nostrils and were not recognized. Finally they were denunciated and all caught because of lies.

It is written: “Abijah and his people inflicted a very great slaughter on them⁴⁸2Chr. 13:13. The biblical text reads: וַיַכּוּ בָהֶם אֲבִיָּה וְעַמּוֹ מַכָּה רַבָּה..” Rebbi Abba bar Cahana said, he destroyed the face recognition of the men of Israel. That is what is written, “the recognition of their faces testified about them,” etc. That refers to the nose. Rebbi Immi said, he put up guards for three days until appearance was disfigured. That is what is written: “Your widows are more for me than the sand of the oceans⁴⁹Since the slain warriors could no longer be identified, their widows could never remarry according to rabbinic rules..” It was stated in this respect: One testifies only on the appearance of the face with the nose. It is written: “Jeroboam was powerless for the rest of Aijah’s days; the Eternal smote him and he died.⁵⁰2Chr. 13:20.” Rebbi Samuel⁵¹In Gen. rabba 65:16, 73:4, R. Samuel bar Naḥman. He and the authors quoted earlier attribute Abijah’s early death to his mutilation of the bodies of the slain. said, you think that this refers to Jeroboam, but it is Abijah⁵²Abijah was king for only 3 years and must have died shortly after the battle; Jeroboam died two years after Abijah (1K. 15:25).. Why was he smitten? Rebbi Joḥanan said, because he insulted Jeroboam in public⁵³In the Babli, Sanhedrin 101b, R. Joḥanan is reported to have said that Jeroboam was punished for insulting Solomon in public.. That is what is written: “You are a great multitude and with you are the golden calves that Jeroboam made for you as gods.” Rebbi Simeon ben Laqish said, because he denigrated his teacher Aḥijah from Shiloh. That is what is written: “And men, rascals, joined him,⁵⁴2Chr. 13:7. The text there reads וַיִּקָֽבְצוּ עָלָיו אֲנָשִׁים רֵקִים בְּנֵי בְלִיַּעַל “and loiterers, rascals, joined him.”” that he called Aḥijah from Shiloh a rascal. But the rabbis say, because an idol fell into his hand and he did not destroy it, that is what is written: “Abijah pursued Jeroboam and took from him cities, Beth El and its dependencies …⁵⁵2Chr. 13:19.” and it is written: “He set up one in Beth El and one he dedicated in Dan.⁵⁶1K. 12:20.”

“Even though there are [marks] on his body and his clothing.” Did one not state: From where that if your fellow man is lost, you return him both body and property⁵⁷The verse to which this refers is not indicated; it probably refers to Deut. 22:2 where the obligation to return a find is extended to include helping a person who is lost, since the end of the verse may be read “return him to himself.” The essence of the verse is interpreted to mean that the obligation to return property exists only after the person who claims to be the owner was examined as to the validity of this claim (Sifry Deut. 223; Mishnah Baba Meṣi‘a 2:7); in Midrash Tannaïm (Midrash Haggadol Deut, ed. S. Fisch, p. 486) the implication is that one is required the look after the medical needs of indigents and travelers.. These sources imply that examination of marks on bodies and property is accepted in biblical law. Then the question is how the Mishnah here can declare this kind of investigation as invalid. The answer given here (and in the Babli, 120b and Baba Meṣi‘a 27b) is that after death, bodily marks will rapidly change. The Babli in Baba Meṣi‘a adds that clothing or documents found on a corpse are no proofs of identity since they may belong to someone else.? There is a difference, because marks are apt to change.

So is the Mishnah: “One testifies only up to after three days⁶⁰One testifies that the person was identified within a full 72 hours..” Rebbi Abba in the name of Rav Pappai, Rebbi Joshua from Suknin in the name of Rebbi Levi: During the first three days, the soul hovers over the body because she thinks that she will return to it⁶¹In the Babli, Šabbat 152b, the verse from Job quoted at the end of this sermon is taken as proof that the soul remembers this world until all flesh is decomposed.. Once she sees that the splendor of his face changes after three days, she abandons him and goes away. After three days, the belly breaks open in his face and says to him, there is what you have robbed and extorted. Rebbi Ḥaggai in the name of Rebbi Joshia brings it from that verse⁶²Ma. 2:3.: “I shall scatter your stomachs’ contents in your faces,” even “your holidays’ stomach contents.” At that moment, ⁶³Job 14:22.“but his flesh will hurt him, his soul will mourn for him.”

“Even if one saw him cut up,” I say he was burned by a red hot lance and survived⁶⁵It is recognized that not the wound is the main danger but the infection by a dirty lance or sword. The Babli, 120b, quotes Tosephta 14:2 where R. Simeon ben Eleazar holds that even if wounded by a dirty instrument one may burn away the infected flesh so that the victim can survive. The position of the Yerushalmi is quoted there by Rava; cf. Chapter 1, Note 19.. “Or crucified on the cross,” I say a noble lady passed by and redeemed him. “Or an animal was eating of him,” I say that in Heaven they had mercy on him⁶⁶It is known that animals obey the commandments of Heaven; cf. 1K. 13:28.. If he fell into a lion’s den one does not testify about him⁶⁷Without seeing that the person is dead. The same statement is in Babli 121a/Tosephta 14:4., I say that miracles happened for him as they did for Daniel. If he fell into a fiery oven one does not testify about him⁶⁸In Babli 121a/Tosephta 14:4, “one testifies about him”., I say that miracles happened for him as they did for Ḥanaiah, Mishael and Azariah. If he fell into a cistern full of snakes and scorpions one does not testify about him; Rebbi Jehudah ben Baba said, I say he was a snake charmer⁶⁹In Babli 121a/Tosephta 14:4: “If he fell into a cistern full of snakes and scorpions one testifies about him; Rebbi Jehudah ben Bathyra said, one takes into consideration that he might be a snake charmer.” In the Yerushalmi version it is not clear why R. Jehudah ben Baba has to be mentioned if nobody disagrees with him; but both sources agree that one does not testify and the text cannot be amended.. If he fell into a boiling vat of water or oil, one does not testify about him. Rebbi Abba⁷⁰In a few Medieval authors he is quoted as R. Aḥa, the Tanna who is quoted in Babli/Tosephta. said, of oil one testifies, of water one does not testify⁷¹In Babli/Tosephta (loc. cit.) the discussion is about vats of oil and wine, where R. Aḥa holds that the overflow of wine caused by the human’s drop into the vat might extinguish the flames. The majority disagrees since the alcohol in the wine acts as fuel. The Babli might agree with the Yerushalmi in the case of a vat of water..

“Rebbi Judah ben Baba.” Rebbi Ze‘ira, Rebbi Ḥananel in the name of Rav: Practice follows Rebbi Judah ben Baba. The words of the rabbis disagree, since Rebbi Jeremiah said that it happened that someone fell into the Jordan and surfaced after seventeen days when he was recognized because the cold had shrunk him⁷⁸Following Rashba (commentary to Babli 120a) who reads צפדתו. Maggid Mishneh (on Maimonides, Gerušin 13:22) reads צרפתו “refined him”. so that they permitted his wife to remarry⁷⁹The Babli, 121a, quotes a parallel ruling by Rava (cf. Chapter 1, Note 19) which does not mention the frigidity of the water as cause..