Soncino English Talmud
Yevamot
Daf 120a
That of allowing her rival to marry before herself. If it is granted that a rival may give evidence in favour of her associate, her rival may be permitted to marry even if she herself did not remarry. If, however, it be maintained that the reason is because she would not cause injury to herself, the rival would be permitted to marry only if she herself had married again, but if she herself did not remarry, her rival also would not be permitted to remarry. Now, what [is the decision]? — Come and hear: R. ELEAZAR RULED: SINCE THEY WERE ONCE PERMITTED TO THE LEVIR THEY ARE PERMITTED TO MARRY ANY MAN. Now, if it be granted that [the reason is because] she would not cause injury to herself one can well see the reason why only when the one married again is the other permitted to remarry. If it be maintained, however, that the reason is because a rival is eligible to tender evidence in favour of her associate, [the associate should be permitted to marry again] even if the rival did not remarry. Consequently it must be concluded that R. Eleazar's reason is: Because she herself had married again and she would not cause injury to herself! — R. Eleazar may have argued on the basis of the view of the Rabbis. 'According to my view [he may have said in effect] a rival is eligible to tender evidence in favour of her associate, and even if she herself did not remarry the other may be allowed to marry again. According to your view, however, you must at least agree with me that where she herself' remarried the other also should be allowed to marry again, since she would naturally not injure herself!' And the Rabbis? — She might be acting [in the spirit of] let me die with the Philistines. Come and hear: If a woman and her husband went to a country beyond the sea, and she returned and stated, 'My husband is dead', she may be married again and she also receives her kethubah. Her rival, however, is forbidden. R. Eleazar ruled: Since she becomes permitted her rival also becomes permitted! — Read: Since she was permitted and she married again. Let it, however, be apprehended that she may have returned with a letter of divorce and that the reason why she made her statement is because it was her intention to injure her rival! — If she was married to an Israelite, this would be so indeed; but here we are dealing with one who married a priest. MISHNAH. EVIDENCE [OF IDENTITY] MAY BE LEGALLY TENDERED ONLY ON [PROOF AFFORDED BY] THE FULL FACE WITH THE NOSE, THOUGH THERE WERE ALSO MARKS ON THE MAN'S BODY OR CLOTHING. NO EVIDENCE [OF A MAN'S DEATH] MAY BE TENDERED BEFORE HIS SOUL HAS DEPARTED; EVEN THOUGH THE WITNESSES HAVE SEEN HIM WITH HIS ARTERIES CUT OR CRUCIFIED OR BEING DEVOURED BY A WILD BEAST. EVIDENCE [OF IDENTIFICATION] MAY BE TENDERED [BY THOSE] ONLY [WHO SAW THE CORPSE] WITHIN THREE DAYS [AFTER DEATH]. R. JUDAH B. BABA, HOWEVER, SAID: NEITHER ALL MEN, NOR ALL PLACES, NOR ALL SEASONS ARE ALIKE. GEMARA. Our Rabbis taught: Evidence [of identification] may be tendered only on [proof afforded by] the forehead without the face or the face without the forehead — Both together with the nose must be present. Abaye, or it might be said, R. Kahana, stated: What is the Scriptural proof? — The shew of their countenance doth witness against them. Abba b. Martha, otherwise Abba b. Manyumi, was being pressed for the payment of some money by the people of the Exilarch's house. Taking some wax he smeared it on a piece of rag and stuck it upon his forehead. He passed before them and they did not recognize him. THOUGH THERE WERE ALSO MARKS etc. Does this imply that identification marks are not valid Pentateuchally? A contradiction, surely, may be pointed out: If he found it tied to a bag, a purse or a seal-ring or if it was found among his furniture, even after a long time, it is valid! — Abaye replied: This is no difficulty. The one is the view of R. Eliezer b. Mahebai while the other is that of the Rabbis. For it was taught: No evidence [of identification] by a mole may he legally tendered. R. Eliezer h. Mahebai ruled: Such evidence may be legally tendered. Do they not differ on the following principle, that one Master is of the opinion that identification marks are valid Pentateuchally while the other Master is of the opinion that identification marks are only Rabbinically valid? — Said Raba: All agree that identification marks are valid Pentateuchally; but here they differ on the question whether it is common for the same kind of mole to he found on persons of simultaneous birth. One Master is of the opinion that it is common for the same kind of mole to be found on persons of simultaneous birth, and the other Master is of the opinion that it is not common for the same kind of mole to be found on persons of simultaneous birth. Others say: Their point of difference here is whether a mole usually undergoes a change after one's death — One Master is of the opinion that it usually undergoes a change after one's death and the other Master is of the opinion that it does not usually undergo a change after one's death. Others maintain that Raba said: All agree that identification marks are only Rabbinically valid; but here [it is on the question] whether a mole