Yerushalmi Yevamot 16:7 ירושלמי יבמות ט״ז:ז׳

MISHNAH: Rebbi Aqiba said, when I left the country for Nahardea¹⁴⁵The center of Jewish Babylonia at that time; reputed to have been the place of residence of King Jojachin after his release from prison. for the intercalation of the year¹⁴⁶It is difficult to determine the historical background of the Mishnah.In general, intercalations (adding a month to the year) are the prerogative of the Synhedrion in the Land of Israel. Intercalations can be decreed outside the Land only if this is impossible in the Land. Rabban Gamliel the Elder must have died some time before 60 C. E.; his grandson Gamliel II cannot have become patriarch before the election of Galba as Roman Emperor and must have died some time before the outbreak of the war of Bar Kokhba. The only period in which R. Aqiba could act as representative of the Synhedrion in a situation in which this institution was paralyzed in Palestine would be in the latter part of Trajan’s reign, in the time of the great revolution of the Jewish Diaspora against the Romans. The “armed bands” which hindered an old man to go to Jabne to testify might have been Roman units preparing to invade Mesopotamia in Trajan’s last campaign., Nehemiah from Badala¹⁴⁷In the Mishnah of the Babli: בית דלי “the house of Aquarius”. The place is unidentified. found me and said to me, I heard that in the Land of Israel one does not let a woman remarry on the testimony of one witness, except Jehudah ben Baba¹⁴⁸In the independent Mishnah mss: Rebbi Jehudah ben Baba. The text of the Talmudim is preferable since the rabbis among themselves did not use titles; the use of a title would be inappropriate in the mouth of an old man who studied before the invention of the title of “Rebbi” in Rabban Joḥanan ben Zakkai’s academy at Jabne.. I told him, that is so. He said to me: Tell them in my name, you know that this country is in bad shape because of armed bands¹⁴⁹And therefore, an old man like me cannot travel to the Land of Israel.; I learned from Rabban Gamliel the Elder that one lets a woman remarry on the testimony of one witness. When I came and lectured about this before Rabban Gamliel¹⁵⁰Rabban Gamliel II, known as Rabban Gamliel of Jabne., he was happy about my words and said, we found a colleague for Jehudah ben Baba^148,In the independent Mishnah mss: Rebbi Jehudah ben Baba. The text of the Talmudim is preferable since the rabbis among themselves did not use titles; the use of a title would be inappropriate in the mouth of an old man who studied before the invention of the title of “Rebbi” in Rabban Joḥanan ben Zakkai’s academy at Jabne.¹⁵¹His opinion is no longer that of a single Sage; it can be the opinion of the majority..
During the discussion, Rabban Gamliel remembered that people had been killed at Tel Arza and Rabban Gamliel let their widows remarry on the testimony of a single witness. It was firmly established that one permits to remarry on the words of a witness reporting from another witness, and on the words of a woman or a slave girl¹⁵⁶The text of these Mishnaiot is not well established. There are Mishnah texts which ascribe the decision about the men killed at Tel Arza to Rabban Gamliel the Elder, and the Babli adds the male slave as credible witness to a death. Hearsay evidence and that of women and slaves is not accepted in adversary proceedings. It seems that the quote of the Mishnah in the Halakhah is the correct one also for the Yerushalmi..

HALAKHAH: “Rebbi Aqiba said, when I left the country for Nahardea for the intercalation of the year, Nehemiah from Badala found me,” etc. If it was found in a document: “X died, X was killed”; Rebbi Jeremiah said, one lets his wife remarry; Rebbi Abun bar Cahana said, one does not let his wife remarry. A baraita supports the one, a baraita supports the other. A baraita supports Rebbi Jeremiah: “By the mouth of witnesses,” not on basis of their writings, not on the word of a translator, not on the testimony of a single witness¹⁵²The full baraita is found only here. In Sifry Deut. 188, on Deut. 19:15, “by the mouth of two witnesses or three witnesses the matter shall be determined”, written testimony and translated testimony are excluded (the court which hears a criminal matter must be composed of judges able to hear the witnesses in their own languages). In that context, the lone witness does not have to be mentioned since he is excluded by the verse itself. In the Babli, Yebamot 31b, Giṭṭin 71a, only written testimony is excluded..” Today, does one not let remarry on the testimony of a single witness¹⁵³Next Mishnah. The biblical rules of testimony have been abrogated once and for all in the case of the presumed widow since in that case there are no adversary proceedings and the biblical rules of testimony never applied.? Therefore also one lets remarry on basis of their writings and on the word of a translator. A baraita supports Rebbi Abun bar Cahana: The power of witnesses is greater than the power of a document and the power of a document is greater than the power of witnesses. Since if witnesses say, “X died, X was killed”, one lets his wife remarry but if it was found in a document: “X died, X was killed”, one does not let his wife remarry¹⁵⁴However, it is not established whether this baraita follows or precedes the reform of Rabban Gamliel.. The power of a document is greater than the power of witnesses, since if somebody gives a loan before witnesses, he can foreclose only from unincumbered property; by a document, he can foreclose from mortgaged property¹⁵⁵This is explained in Chapter 3, Notes 130–131. Cf. Mishnah Baba Batra 10:16..