Talmud Yerushalmi
Yerushalmi Yevamot 16:8 ירושלמי יבמות ט״ז:ח׳
Part of: Chapter 16
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משנה: רִבִּי לִעֶזֶר וְרִבִּי יְהוֹשֻׁעַ אוֹמֵר אֵין מַשִּׂיאִין אֵֶת הָאִשָּׁה עַל פִּי עֵד אֶחָד. רִבִּי עֲקִיבָה אוֹמֵר לֹא עַל פִּי אִשָּׁה וְלֹא עַל פִּי קְרוֹבִים.
MISHNAH: Rebbi Eliezer and Rebbi Joshua say, one does not let a woman remarry on the testimony of a single witness. Rebbi Aqiba says, not on the testimony of a woman nor on that of relatives157He must agree that a single male witness in good standing is acceptable to testify about a death since he was the messenger of that rule in Mishnah 7. But he restricts the leniency to exactly the case he had heard in Nahardea and objects to the expansive interpretation given at Jabne.
In the Mishnah in the Yerushalmi, the fact that R. Aqiba also disqualifies slaves was forgotten by the scribe. The relatives accepted by the majority naturally exclude the 5 women barred in Mishnah 15:4..
MISHNAH: Rebbi Eliezer and Rebbi Joshua say, one does not let a woman remarry on the testimony of a single witness. Rebbi Aqiba says, not on the testimony of a woman nor on that of relatives157He must agree that a single male witness in good standing is acceptable to testify about a death since he was the messenger of that rule in Mishnah 7. But he restricts the leniency to exactly the case he had heard in Nahardea and objects to the expansive interpretation given at Jabne.
In the Mishnah in the Yerushalmi, the fact that R. Aqiba also disqualifies slaves was forgotten by the scribe. The relatives accepted by the majority naturally exclude the 5 women barred in Mishnah 15:4..
הלכה: רִבִּי אֱלִיעֶזֶר וְרִבִּי יְהוֹשֻׁעַ אוֹמְרִים. אֵין מַשִּׂיאִין אֶת הָאִשָּׁה כול׳. תַּנִינָן הוּחְזְקוּ לִהְיוֹת מַשִּׂיאִין עֵד מִפִּי עֵד מִפִּי אִשָּׁה וְאִשָּׁה מִפִּי אִשָּׁה וּמִפִּי עֶבֶד וּמִפִּי שִׁפְחָה וּמִפִּי קְרוֹבִים. וְאַתְּ אֲמַר הָכֵין. מִתְנִיתִין בַּמִּשְׁנָה הָרִאשׁוֹנָה.
HALAKHAH: “Rebbi Eliezer and Rebbi Joshua say, one does not let a woman remarry,” etc. We have stated: “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, and a woman on the words of another woman, and from a slave or a slave girl.” And you say so? Our Mishnah is of the prior Mishnah158Mishnah 9 clearly contradicts Mishnah 8. Since Rebbis Eliezer and Joshua were the joint leaders at Jabne between the death of Rabban Joḥanan ben Zakkai and the accession of Rabban Gamliel, it is quite clear that their joint statement precedes the reform of Rabban Gamliel..
HALAKHAH: “Rebbi Eliezer and Rebbi Joshua say, one does not let a woman remarry,” etc. We have stated: “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, and a woman on the words of another woman, and from a slave or a slave girl.” And you say so? Our Mishnah is of the prior Mishnah158Mishnah 9 clearly contradicts Mishnah 8. Since Rebbis Eliezer and Joshua were the joint leaders at Jabne between the death of Rabban Joḥanan ben Zakkai and the accession of Rabban Gamliel, it is quite clear that their joint statement precedes the reform of Rabban Gamliel..