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|12th CYCLE DEDICATIONS|
YEVAMOS 117 (14 Elul) - This Daf has been dedicated in honor of the Yahrzeit of Yisrael (son of Chazkel and Miryam) Rosenbaum who passed away on 14 Elul, by his son and daughter and families.
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. (1)
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." (2)
Five women are not believed to testify that a woman's husband died, because they hate her and want to destroy her. (3)
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." (4)
Rebbi Yehudah: A daughter-in-law and the wife of the father are also not believed to testify that a woman's husband died. (5)
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. (6)
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. (7)
A BIT MORE
1. She may not remarry because it is obvious that her intention is to receive the Kesuvah.
2. Perhaps her primary intent is the Kesuvah, and thus she is not believed, or perhaps she is mentioning the Kesuvah as a secondary request. The Gemara also asks about a case in which she said, "My husband died; give me my Kesuvah and allow me to remarry." Perhaps her primary intent is the Kesuvah, or perhaps she is mentioning the Kesuvah only because she thinks that if she does not mention it, the Beis Din will not allow her to remarry. The Gemara leaves the question unresolved.
3. The five women who are not believed are: a mother-in-law and her daughter, the wife of her husband's brother, the daughter of her husband, and her Tzarah.
4. The reason why they are believed is that the Get provides proof totheir claim.
5. The Rabanan agree with Rebbi Yehudah but they maintain that a daughter-in-law is included in the mother-in-law, and the wife of the father is included in the daughter of a husband.
6. If one witness testifies that the husband died and then two witnesses testify that he did not die, the wife may not get remarried. However, if the witness that says he died is a valid witness and the two witnesses that say he did not die are not valid witnesses, according to one opinion we allow her to get remarried.
7. Since they contradict each other, they are not believed. Rebbi Yehudah and Rebbi Shimon say that they are believed and may get remarried.
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.
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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