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YEVAMOS 88

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YEVAMOS 88 - Dedicated in memory of Max (Meir Menachem ben Shlomo ha'Levi) Turkel, by his children Eddie and Lawrence and his wife Jean Turkel/Rafalowicz. Max was a warm and loving husband and father and is missed dearly by his family and friends. His Yahrzeit is 5 Teves.

SUMMARY

Silence is regarded as admission.
 
If a witness testifies that a piece of meat is Shuman (and thus permitted), he is believed.(1)
 
A person is believed to say that he separate the Terumah and Ma'asros from his produce. (2)
 
A person is believed to say that an item of Hekdesh of Bedek ha'Bayis was redeemed. (3)
 
A person is believed to say that he retracted the Hekdesh of an animal that he had set aside for a Korban. (4)
 
A person who vows that an item should be a Konam is believed if he says that it is no longer forbidden. (5)
 
The Chachamim enacted the leniency to trust a single witness who testifies that a husband died, because of the concern that the wife will remain an Agunah. (6)
 
The Shevatim did not recognize Yosef in Mitzrayim because he did not have a beard at the time they sold him.
 
If two pairs of witnesses contradict each other about whether a husband died or divorced his wife, the wife may not get remarried.
 
If a woman gets remarried on the basis of contradictory testimony of two witnesses, she does not have to get divorced. (7)
 
If a Kohen refuses to keep the special Mitzvos that apply to him, Beis Din has the power to physically force him.
 
If a woman remarries on the basis of the testimony of two witnesses that her husband died, she is permitted to go back to her husband if he is in found to be alive.
 
Anytime the Chachamim trust a single witness, he is given the status of two witnesses.
 
Anytime the Chachamim trust a single witness, if there is contradictory testimony we follow the testimony of the majority of the witnesses.

A BIT MORE

1. He is believed only if we have a doubt about whether it is Chelev or Shuman. If we know for certain that it is Chelev, then even 100 witnesses are not believed, since it is Ischazek Isura.
 
2. He is believed because it is in his power to separate the Terumah and Ma'asros. According to the opinion that a person may separate the Terumah and Ma'asros of his friend's produce, he is believed regarding his friend's produce as well.
 
3. He is believed because it is in his power to redeem it.
 
4. He went to a Chacham and expressed regret that he was Makdish it, and the Chacham released him from his vow to make it Hekdesh.
 
5. According to the opinion that there is a Chiyuv Me'ilah on Konamos, he is believed because it is his power to redeem it. According to the opinion that there is no Chiyuv Me'ilah on Konamos, he is believe to say that he went to a Chacham and the Chacham released him from his vow.
 
6. Because of the great stringencies that are enacted in the event that the husband is still alive, the Chachamim were lenient and allowed her to remarry on the basis of the testimony of one witness.
 
7. However, she is permitted to remain with her present husband only if she married one of the witnesses who testified that her first husband died, and only if she says that she is certain that he is no longer alive. Rebbi Menachem bar Rebbi Yosi says that she may remain married to her husband only if she married before the second set of witnesses testified that her husband is still alive.

BRIEF INSIGHT

TRUSTING A SINGLE WITNESS
 
The Gemara says that in a case of a doubt about whether a piece of meat is Chelev or Shuman, since it is not Ischazek Isura one witness is believed to say that it is permitted. Rashi says that the specific piece of meat is not Ischazek Isura. The Ritva explains that that since the specific piece of meat is not Ischazek Isura, even though there is definitely an Isur here somewhere, it is regarded as Lo Ischazek Isura and one witness is believed to say that it is permitted.

QUICK HALACHAH

TESTIMONY REGARDING ISURIM
 
A single witness is believed to permit something but not to prohibit it. For anything that does not have a Chazakah one way or the other, the single witness is believed even to prohibit it. However, a single witness is not believed to permit something which is Ischazek Isura, unless it is in his hands to remove the Isur. (Shulchan Aruch YD 127:3)

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