Tag: The aguna factor

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Torah Riddles #190

1. Question: According to the Tur why do children who say they came back from a funeral have to explain in detail that they were just at a funeral of so and so and there were eulogies by these people etc. in order for the wife of the deceased to be allowed to be remarried but if he just said as testimony that so and so died he is believed without further interrogation or need to speak innocently, for her to be remarried? What the difference between the two cases?

Background:

A. We believe testimony of almost anyone, even a maidservant or slave or a child for a woman to get remarried because of the issue if aguna and she will make sure her husband is dead before actually getting married last all the fines in chapter 10 of Yevamos will be upon her.

 B. Children are prone to make up stories and playing games like performing a funeral for an ant.

C. When a child reaches the age of 7 or 8 he has enough knowledge to do some level of business and is not considered like an insane person.

Answer: The Taz (Even HaEzer 17:13:9) says that since a child of 7 or 8 is mature enough to do business then he can be relied upon for aguna like any other non-real witness because we aren’t worried he’s insane but when talking about a funeral we are concerned they are making up stories so they have to give more details in order to prove they are telling the truth.

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Torah Riddles Test #35

  1. Question: Why can’t a woman ideally get married (though if she does she can stay married) if there is one witness who says her husband dies and another witness comes and says he did not die?

Background:

  1. The Gemara in Kesubos 22b concludes in the name of Rebbe Yochanan that if one witness says he is dead and another witness says he is not dead she should not get married but if she does she need not divorce the second guy. The gemara adds that this is based on a ruling by Ulla that whenever the Torah believes one witness he is treated as two witnesses. So the one who says he did not die is one witness verses two witnesses, (for only the one who says he did die is treated as two witnesses leniently.)
  2. Rashi says we treat him as two witnesses to say he died, as we say in the beginning of the tenth chapter of Yevamos, because we are so strict with her in the end, by punishing her very much if she does not cross check that her husband is really dead, as enumerated in the Mishna there, therefore we are lenient on her in the beginning to accept one witness.
  3. The Gemara then asks why she can’t ideally get remarried if one witness has the same status as two. The gemara concludes with a verse in Mishlei (Proverbs 4:24): “Take crooked speech away from yourself, and put devious lips far away from you.”

Answer: She wouldn’t be careful enough to checkout if her husband really is dead before getting remarried, if she would have been permitted to remarry ideally.