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YEVAMOS 122

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1)
(a) When a Nochri bemoaned his Jewish travelling companion who had died on the way and whom he had buried - Aba Yudan Ish Tzaidan permitted his wife to remarry.
(b) We know that it makes not the slightest difference as to how many Jews the Nochri claims died and whom he buried - from the episode where they permitted the wives of a whole group of people who had died and another, where they permitted the wives of sixty men who had died, on the basis of the one Nochri who testified 'Masi'ach l'Fi Tumo'.
(c) These sixty Jews were actually heading for - Beitar (which was besieged at the time).

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2)
(a) Our Mishnah permits a woman to marry on the testimony of a witness who ...
1. ... claims that he only saw the dead man by the light of a lamp or by the light of the moon.
2. ... only heard the voice of a Bas-Kol - a voice without actually seeing a person (perhaps it is an echo [Tiferes Yisrael]).
(b) In one episode cited in our Mishnah, they permitted a woman to remarry on the basis of a voice that they heard stating that so-and-so died, even though they found nobody there. In another episode that took place in Tzalmon - the Tana records a case where they actually heard the man himself stating that he had been bitten by a snake and that he was dying, and where they permitted his wife to remarry as well).
(c) Rabah bar Shmuel informs us that Beis Shamai does not accept testimony that is based on a Bas Kol, whereas Beis Hillel does. The relevance of this information is - that, should one discover a Beraisa which invalidates testimony based on a Bas-Kol, the author can only be Beis Shamai.

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3)
(a) We query the Mishnah on the grounds that the bas-Kol may have been that of a demon - who cannot be trusted because they do not always speak the truth (as we learned in Megilah).
(b) Rav Yehudah Amar Rav answers - that it cannot have been the bas-Kol of a demon - because it speaks when they saw a double-shadow, something which humans cast, but not demons (see Tosfos DH 'de'Chazi').
(c) And we know that demons do not cast a double-shadow - because so Yonasan the demon told Rebbi Chanina (whom he presumably believed, because it is something that can be verified ['Milsa d'Avidi l'Iglu'i']).
(d) Neither do we suspect that it may have been the woman's Tzarah (who is out to make her sin) that we heard - because, in cases of emergency (such as a woman who will otherwise remain an Agunah), we do not contend with the possibility of an unknown source being a Tzarah (as long as we do not know for sure that it is).

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4)
(a) When Tana d'Bei Rebbi Yishmael says 'be'Sha'as ha'Sakanah Kosvin v'Nosnin Af-al-Pi she'Ein Makirin', he is referring - to someone who fell into a deep pit and who cried out that whoever hears his voice should write a Get and give it to his wife ...
(b) ... which we do - provided he identifies himself.

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5)
(a) The only person in Eretz Yisrael to permit a woman to remarry on the testimony of one witness - was Rebbi Yehudah ben Bava.
(b) Nechemyah Ish Beis Dli told Rebbi Akiva - that he had received a tradition from Raban Gamliel ha'Zaken that this was on fact, the Halachah.
(c) When Rebbi Akiva told Raban Gamliel about Nechemyah Ish Beis Dli's testimony, he declared excitedly that they had found a Chaver to back up Rebbi Yehudah ben Bava's opinion.
(d) That reminded him about those who were murdered in Tel Arza - whose wives he then permitted to remarry through the testimony of one witness.

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6)
(a) They also permitted 'Ed mi'Pi Ed' - even if the second witness heard it from a slave, a slave-girl or from a relative.
(b) Rebbi Shimon ben Elazar quoting Rebbi Akiva, learned a 'Kal va'Chomer' - that if the five women who are not believed to permit a woman to remarry, are nevertheless believed to bring her Get from overseas, the wife herself, who is believed to testify that her husband died, should certainly be believed to bring her own Get.
(c) The problem with bringing a Get from overseas - is the fact that the Shaliach is also requires to make a statement 'be'Fanai Nichtav ube'Fanai Nechtam'.
(d) When Rebbi Akiva in our Mishnah, explicitly discounts the testimony of a woman, as well as that of a slave or of relatives - it was before the custom to accept such testimony was established. Rebbi Akiva in the Beraisa, speaks after the custom evolved.

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7)
(a) The Chachamim tried to prove that a woman is believed, from the episode of the Bnei Levi - who proceeded to Tzo'ar, the city of dates, after having left their sick colleague in an inn, in the charge of the lady inn-keeper. Upon their return, they asked her where their colleague was. She replied that he had died and she had buried him, and they permitted his wife to remarry on the basis of her testimony.
(b) Rebbi Akiva refuted their proof however - on the grounds that they did not rely on her testimony, but on the Simanim that she produced (his staff and his satchel).
(c) When the Chachamim said 'v'Lo Tehei Kohenes k'Pundekis' - they meant to say that a good Jewish woman (a Kohenes or a Yisraelis) should not be worse than that inn-keeper, who was a Nochris.
(d) In that case, she must have been Masi'ach l'Fi Tumo. Despite the fact that in our Mishnah, it seems to have been the Bnei Levi who brought up the subject, with the question 'Ayei Chavereinu' - they only did so after they saw her weeping (and that is considered 'Masi'ach l'Fi Tumo').

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8)
(a) When Rebbi Tarfon asked that witness who came to testify about his friend, how he knew that he was dead - he replied that, travelling together, they were being chased by a band of robbers, when his friend cut off the branch of a olive-tree, and single-handedly, fought off the robbers.
(b) When, thanking him, he referred to him as 'Aryeh' - he asked him how he knew what his name was, since in his home town, they also referred to him as Yochanan b'Rebbi Yonasan, Aryeh d'mi'Kfar Shichayah.
(c) Rebbi Tarfon discovered that he had died, when in conclusion - the witness testified that, after a few days Aryeh fell ill and died.

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9)
(a) In the above episode, Rebbi Tarfon accepted the witness' testimony without any query. We have a problem with this from another Beraisa, where citing the same incident - the Tana describes how Rebbi Tarfon cross-examined the witness. He asked him whether he had not said that his friend came from Kfar Shichayah Aryeh (and not Aryeh from Kfar Shichayah).
(b) To reconcile the two Beraisos - we refer to a Machlokes Tana'im as to whether or not, a witness requires cross-examination to permit a woman to remarry (as we shall now see).

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10)
(a) The Tana Kama of a Beraisa holds that Edus Ishah does not require cross-examination - Rebbi Tarfon and Rebbi Akiva say that it does.
(b) This dispute is based on a statement of Rebbi Chanina, who learns from the Pasuk "Mishpat Echad Yiheyeh Lachem" - that Dinei Mamonos, like Dinei Nefashos, require both Drishah and Chakirah.
(c) The definition of ...
1. Drishah is - the general questions that the Dayanim ask the witnesses to verify their testimony.
2. Chakirah - the seven questions that they ask them to pinpoint the time and location of what they claim took place.
(d) The Chachamim negated the need for Drishah and Chakirah in cases of money-matters - because otherwise, potential lenders, knowing that, before they will be able to reclaim their loans, the witnesses will be subjected to a cross-examination, will refuse to lend money.

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11)
Edus Ishah might be considered ...
1. ... Dinei Mamonos in this regard - because it enables the woman to claim her Kesubah.
2. ... Dinei Nefashos - because it permits an Eshes Ish to remarry.

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12)
Rebbi Elazar Amar Rebbi Chanina learns from the Pasuk "v'Chol Banayich Limudei Hash-m, v'Rav Shlom Banayich" - that Talmidei-Chachamim increase peace in the world.

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