Yerushalmi Yevamot 16:4 ירושלמי יבמות ט״ז:ד׳

MISHNAH: If he fell into water, both enclosed and open, his wife is forbidden⁷³This is the statement of R. Meїr. The other authorities permit the widow to remarry if the husband drowned in an enclosed body of water: a lake, or a cistern, or a cave.. Rebbi Meїr said, if happened that someone fell into a large cistern and came up after three days⁷⁴A cistern is an enclosed container of water. If it is possible to survive in water for three days, then one can never assume that a person drowned unless his corpse was found.. Rebbi Yose said, it happened with a blind man who went to immerse himself in a cave, and his guide went after him, they stayed there the time to die [from drowning] and they permitted their wives to remarry⁷⁵This proves that practice does not follow R. Meїr in enclosed bodies of water.. It also happened in Assos⁷⁶Cf. Kilaim 9, Note 128. that one lowered a person into the sea and only his leg was recovered. The Sages said, if from the knee and higher, she can remarry⁷⁷An animal, which has lost a part of a leg that included the knee, is considered ṭerefa, unfit for human consumtion since it is as good as dead. The Mishnah extends the principle to humans that any wound or deficiency which makes an animal unfit for human consumption, if found in a human proves that that human must die unless immediate medical attention can be given., from lower than the knee she cannot remarry.

HALAKHAH: “If he fell into water, both enclosed and open, his wife is forbidden, the words of Rebbi Meĩr. But the Sages say, in open waters his wife is forbidden, in enclosed waters, his wife is permitted.”⁸³The same text in Babli 121a Toesephta 14:5. Rebbi Meїr said, it happened that someone fell into a large cistern and came up after three days. They said to him, one does not mention wonders⁸⁴The same text in Babli 121b. Wonders should not be considered in writing regulations (and anyhow, the widow is not permitted to remarry before 30 days have elapsed). In the opinion of the Babli, the wonder was that he survived three days without sleep. The Amoraic opinion is that there is no wonder since one may survive with occasional naps without drowning.. Rebbi said, it happened that two went to put fish nets into the Jordan in the evening. One of them saw a fish cave and entered it. When he wanted to leave, he was unable to find the cave’s entrance. His colleague waited at the entrance of the cave so long that he would be dead; he returned and reported to his house. Next morning when the sun shone, the man recognized the entrance of the cave, left, and found his house in mourning⁸⁵Babli 121a, Tosephta 14:6.. Rebbi Aqiba said, It happened that I was traveling on the ocean that I saw a ship sinking. I was sorry for a student Sage who was on that ship. When I came to Kappadocian Mazaga he greated me and asked me questions. I said to him, my son, how did you escape? He told me, Rabbi, one wave tore me to another, and another to another, until it vomited me⁸⁶From Jonah 2:11. onto dry land. Then I said, how great are the words of the Sages who said, in open waters his wife is forbidden, in enclosed waters, his wife is permitted⁸⁷Babli 121a, Tosephta 14:5..

Rebbi Abbahu said, if the ocean was quiet⁸⁸Greek γαλήνη, ἡ “stillness of the sea”. In Erubin 4:1 (fol. 21d) הים גלנו, Greek γαληνὸς, όν “calm (adj.)”., he looked around in all directions and saw that no creature was there, one lets his wife remarry⁸⁹In the Babli, 121a, this is the definition of “enclosed waters”, that from one point one can see the lake shore all around. In the discussion there, the anonymous editors agree that even a larger lake can be considered enclosed if at the time of the accident there was absolute calm..

“It also happened in Assos that one lowered a person into the sea and only his leg was recovered.” It was stated: They wanted to cut sponges and found that banker in Acco⁹⁰Apparently, after a long time the remains of a banker who had disappeared at Assos on the Aegean sea were found by sponge divers near Acco on the Mediterranean.. Rebbi Ḥaggai asked before Rebbi Yose: Is it not reasonable that one allows time for him as for a torn animal⁹¹Since the Mishnah states that a human can be presumed dead if he sustains a wound that would make an animal “torn” and unfit for consumption, it should be clear that this can be stated only after the wounded person has disappeared for at least a full 12 months since an animal is declared to be “torn” if it cannot possible survive a full 12 months. This is the interpretation of Don Vidal de Tolosa (מגיד משנה) and R. Isaiah II of Trani (ריא״ז). R. Joseph Caro (כסף משנה) holds that a human might survive more than 12 months (Maimonides, Gerušin 13:13) but in his Code (Even Ha‘ezer 17:32) he follows Don Vidal.? He answered him, that is my opinion also.