Soncino English Talmud
Yevamot
Daf 116a
What possibility can be taken into consideration! If that of loss, one is surely careful with [a note of indebtedness]; if that of a deposit, since the name of the one is like that of the other the former does not entrust the latter with such a deposit; what then can be said? That he may only have delivered [the note] to him! 'Letters' [it may be replied] are acquired by mesirah. A letter of divorce was once found at Sura, and in it appeared this entry: 'In the town of Sura, I, Anan son of Hiyya. a Nehardean, released and divorced my wife So-and-so.' Now when the Rabbis searched from Sura to Nehardea [they found that] there was no other Anan son of Hiyya save one Anan son of Hiyya of Hagra who was at that time at Nehardea, and witnesses came and declared that on the day on which the letter of divorce was written Anan son of Hiyya of Hagra was with them. Said Abaye: Even according to me who hold that [the possibility of the existence of other men of the same name] is to be taken into consideration. no such possibility need be considered here, for [even in respect of the only other man known to have that name] witnesses declared that he was at Nehardea; how then could he [on the same day,] have been at Sura! Raba said: Even according to me who hold that [the possibility of the existence of other men of the same name] is not to be taken into consideration. [such possibility] must be considered here, since [the man in question] may have gone [to Sura] on a flying camel, or [got there] by a miraculous leap, or he may have given verbal instructions [for the letter of divorce to be written on his behalf], as, [in fact] Rab said to his scribes, and R. Huna, similarly, said to his scribes: When you are at Shili write [in any deed] 'At Shili', although the instructions were given to you at Hini, and when you are at Hini, write, 'At Hini', although the instructions Were given to you at Shili. What is [the decision] in respect of the sesame? — R. Yemar ruled: [The possibility that it was removed and replaced by another lot] is not to be taken into consideration; Rabina ruled: It is to be taken into consideration; and the law is that it is to be taken into consideration. DISCORD BETWEEN HIM AND HER etc. What is to be understood by DISCORD BETWEEN HIM AND HER? Rab Judah replied in the name of Samuel: When [a wife] says to her husband. 'Divorce me!' Do not all women say this? Rather [this is the meaning]: When she says to her husband. 'You have divorced me!' Then let her be believed on the strength of R. Hamnuna's ruling; for R. Hamnuna ruled: If a woman said to her husband, 'You have divorced me'. she is believed, for it is an established principle that no woman would dare [to make such a false assertion] in the presence of her husband! — [Here it is a case] where she said. 'You have divorced me in the presence Of So-and-so and So-and-so', who. when asked, stated that this had never happened. What is the reason in case Of DISCORD? — R Hanina explained: Because she is likely to tell a lie. R. Shimi b. Ashi explained: Because she speaks from conjecture. What is the practical difference between them?