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1) WHEN WE MAY RELY ON A NOCHRI

(a) Rav Ada Bar Ahavah (to the woman): Ask Rav Yosef, he is very sharp.
(b) Rav Yosef: The following Beraisa shows that she is not permitted.

1. (Beraisa): A Nochri was selling fruit. 'They are Orlah (within the 1st 3 years of the tree and forbidden), or of Azika (a place where fruits were guarded in Shmitah), or they are 4th year produce (which must be eaten in Yerushalayim in Taharah, or redeemed)' - his words have no effect, since he only intended to praise his fruit. (Similarly, the Nochri just wanted to scare the Yisrael).

(c) (Aba Yudan): There was a case of a Yisrael and Nochri that traveled together. He said, 'Woe to the Yisrael that traveled with me - he died, I buried him' - Chachamim permitted his wife to marry.
(d) There was also a case of a company of men going to Antuchya. A Nochri said, 'Woe to this company of men - they died, I buried them' - Chachamim permitted their wives to marry.
(e) There was a case of 60 men going to Beitar. A Nochri said, 'Woe to the 60 men that were going to Beitar - they died, I buried them' - Chachamim permitted their wives to marry.

(a) (Mishnah): We may testify if the deceased was seen by candlelight, or by moonlight; we may testify based on a voice, even if no body was seen.

1. A case occurred: A man was on a mountain top. He gave his name and place, and said that he is dying. People went and did not find anyone - his wife was permitted to marry.
2. There was a case in Tzalmon. A man gave his name, and said that he is dying from a snakebite. They were unable to identify the body - his wife was permitted.

(b) (Gemara - Rabah Bar Shmuel - Beraisa): Beis Shamai say, we cannot permit a woman based on a voice alone; Beis Hillel permit this.
(c) Question: We already know this from our Mishnah!
(d) Answer: He teaches - if we find a Stam Beraisa that says that a woman is not permitted through a voice alone, it is as Beis Shamai.
(e) (Mishnah): They went and did not find him ...
(f) Question: Perhaps it was a Shed!
(g) Answer #1 (Rav Yehudah): (When he was speaking) they saw a human form.
(h) Question: Shedim also have human forms!
(i) Answer: He had a shadow.
(j) Question: Shedim also have shadows!
(k) Answer: He had a shadow of a shadow.
(l) Question: Perhaps Shedim also have shadows of shadows!
(m) Answer (R. Chanina): Yonason Sheida told me, Shedim have shadows, but not shadows of shadows.
(n) Question: Perhaps it was a Tzarah (intending that her rival remarry, and later be forced to leave her husband)!
(o) Answer (Tana d'Vei R. Yishmael): At a time of danger, we may write and give a Get even if we do not recognize the husband. (Here also, there is no other way to permit his wife, so we overlook this concern).

(a) (Mishnah - R. Akiva): When I went to Nehardai to make a leap year, I encountered Nechemyah of Beis Deli. (b) Nechemyah: I heard that in Eretz Yisrael, only R. Yehudah Ben Bava permits a woman based on 1 witness.
(c) R. Akiva: That is correct.
(d) Nechemyah: Tell them in my name - the roads are perilous because of soldiers; I received from R. Gamliel the Elder, a woman may marry based on 1 witness.
(e) R. Akiva: When I told this to R. Gamliel (the grandson of R. Gamliel the Elder), he rejoiced,
(f) R. Gamliel: We have found a colleague (support) for R. Yehudah Ben Bava.

1. R. Gamliel recalled that men were killed in Tel Arza, and R. Gamliel the Elder permitted their wives based on 1 witness, and it became established to marry according to 2nd hand testimony, according to a slave or woman;
2. R. Eliezer and R. Yehoshua say, a woman may not marry based on 1 witness; R. Akiva says, she may not marry based on a slave or a woman or relatives.

(g) (Gemara) Question: Does R. Akiva really hold that she may not marry based on a woman?

1. (Beraisa - R. Shimon Ben Elazar citing R. Akiva): A woman is believed to bring her own Get (from Chutz La'aretz, and to testify that it was written and signed in front of her) from a Kal v'Chomer.

i. Those women that are not believed to say that Leah's husband died (e.g. Leah's mother-in-law - 117A) are believed to bring Leah's Get; Leah herself, who is believed to say that her husband died, all the more so she is believed to bring her own Get.

2. We infer - only those women are not believed to say that Leah's husband died - but other women are believed!

(h) Answer: R. Akiva's opinion at the end of our Mishnah was before it was established to marry according to invalid witnesses; the Beraisa is after this became the practice.
(i) (Mishnah): They said to R. Akiva: There was a case of Levi'im that went to Tzo'ar. One got sick, and they left him at an inn. When they returned, they asked where he is; the innkeeper said that he died, and she buried him - based on this, they permitted his wife to marry.

1. A Kohenes (a Kosher woman) should be believed no less than an innkeeper!

(j) R. Akiva: In a case as that of the innkeeper, she is believed!

1. The innkeeper gave them the man's staff, bag and Sefer Torah.

(k) (Gemara) Question: Why should an innkeeper be worse than a regular woman (they said 'A Kohenes should be believed no less than an innkeeper')?
(l) Answer (Rav Kahana and Aba Brei d'Rav Minyomi): The innkeeper was a Nochris; she spoke innocently - 'This is his staff, this is his bag, this is the grave I buried him in.
(m) Objection: But they asked her, where is our friend (so she is not considered to be speaking innocently)!
(n) Answer: When she saw them, she cried, before they asked.

(a) (Beraisa): A man (Reuven) came before R. Tarfon to report a death, to permit the widow.

1. R. Tarfon: How do you know that the man died?
2. Reuven: We were travelling together; a troop chased us. He broke off an olive branch and chased them away. I said 'Aryeh (lion; also, a man's name), your strength should be enhanced!'

i. Aryeh: How did you know my name? In my city, they call me Yochanan b'Rebbi Yonason Aryeh, of the village Shichya.

3. Reuven: Later, he fell sick and died.
4. R. Tarfon permitted Aryeh's wife to marry.

(b) Question: Does R. Tarfon really hold that we need not interrogate witnesses?

1. (Beraisa): A man (Reuven) came before R. Tarfon to report a death, to permit the widow.
2. R. Tarfon: How do you know that the man died?
3. Reuven: We were travelling together; a troop chased us. He broke off an olive branch and chased them away. I said 'Aryeh (lion; also, a man's name), your strength should be enhanced!'

i. Aryeh: You guessed my name! In my city, they call me Yochanan b'Rebbi Yonason Aryeh, of the village Shichya.

4. Later, he fell sick and died.
5. R. Tarfon: Didn't you say Yochanan b'Rebbi Yonason of the village Shichya Aryeh?
6. Reuven: No, I said Yochanan b'Rebbi Yonason Aryeh, of the village Shichya.
7. R. Tarfon tested Reuven 2 or 3 times; when he saw that his story was consistent, he permitted Aryeh's wife to marry.

(c) Answer: Tana'im argue whether interrogation is required (Tana'im also argue regarding R. Tarfon's opinion).

1. (Beraisa): We do not interrogate witnesses testifying to permit a woman to marry; R. Akiva and R. Tarfon say, we do interrogate them.

(d) The Tana'im argue regarding R. Chanina's law.

1. (R. Chanina): mid'Oraisa, both monetary and capital cases require interrogation - "You will have 1 law".

i. Chachamim said that we do not interrogate in monetary cases, so as not to discourage people from lending money.

2. Chachamim hold, since the woman will receive her Kesuvah (if we allow her to marry), it is considered a monetary case;
3. R. Akiva and R. Tarfon hold, since we permit a married woman to remarry, it is as a capital case.

(e) (R. Elazar): Chachamim increase Shalom in the world - "All your children are learned of Hash-m, great is the Shalom of your children".