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Revach L'Daf
שבת, פרשת חקת
[חו"ל - קרח]

Yevamos 117

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  • Summary of the Daf
  • If one witness testifies that a husband died, the brothers may not inherit the property. Beis Hillel agrees with Beis Shamai that if one witness testifies that a husband died, the wife receives her Kesuvah. A man who does Yibum based on the testimony of one witness that his brother died inherits the property of his brother. If a woman comes to Beis Din and says, "My husband died; give me my Kesuvah," she is not permitted to remarry.
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  • The Gemara asks about a case in which a woman comes to Beis Din and says, "My husband died; allow me to remarry, and give me my Kesuvah."
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  • Five women are not believed to testify that a woman's husband died, because they hate her and want to destroy her.
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  • All women without exception are believed to bring a Get from overseas and testify, "It was written in front of me and signed in front of me."
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  • Rebbi Yehudah: A daughter-in-law and the wife of the father are also not believed to testify that a woman's husband died.
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  • A woman who testifies that her husband and father-in-law died is believed regarding her husband but not regarding her father-in-law. One witness testifies that a man died, and Beis Din permits his wife to remarry. Another witness then testifies that he is still alive, she may remarry. Any time the Rabanan trust one witness, he is regarded as two witnesses. Any time the Rabanan trust one witness, we follow the majority.
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  • If the first wife testifies that her husband died and the second wife testifies that he is still alive, the first wife may remarry. Rebbi Meir: If the first wife testifies that her husband died and the second wife testifies that he was killed, they may not get remarried.
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  • Brief Insight
    A WOMAN WHO TESTIFIES THAT HER HUSBAND DIED AND SHE DEMANDS HER KESUVAH

    If a woman comes to Beis Din and says, "My husband died; give me my Kesuvah," she is not permitted to get remarried. Rashi explains that since her intention is to collect money, two witnesses are needed. The Ritva asks, why do we not allow her to get remarried without allowing her to collect her Kesuvah? The Ritva answers that the Rabanan permit a woman to get remarried on the basis on one witness only when the woman's principle intent is to get remarried in order not to be an Agunah. In that case, she may collect her Kesuvah as well. When, however, her principle intent is the Kesuvah, since the reason of Agunah does not apply she is not permitted to get remarried.
  • Quick Halachah
    REMARRIAGE ON THE BASIS OF THE WOMAN'S OWN TESTIMONY

    If a woman comes to Beis Din and says, "My husband died; allow me to get married and give me my Kesuvah," she is permitted to get remarried and she receives her Kesuvah, because her principle intent is to get remarried. However, if she says, "My husband died; give me my Kesuvah and permit me to get remarried," she is permitted to get remarried, but she does not receive her Kesuvah. If she seizes the Kesuvah, we do not take it away from her. Some opinions maintain that in these two latter cases, we do not permit her to get remarried since she mentioned the Kesuvah. (Shulchan Aruch EH 17:44)
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MASECHES YEVAMOS
DAF 117 (קיז)
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