Talmud - Ketubot 22b כתובות כ״ב ב׳

rationale for her statement, she is deemed credible. The Gemara relates: Shmuel learned this halakha from him forty times to ensure that he would not forget it, and even so, when confronted with a similar situation, Shmuel did not rely on that lenient ruling and did not take action with regard to himself and his wife.

§ The Sages taught that if two witnesses say: The husband died, and two witnesses say: He did not die; or if two witnesses say: This woman was divorced, and two witnesses say: She was not divorced, this woman may not remarry as there is no unequivocal testimony that she is unmarried. And if she remarried, she need not leave her husband. Rabbi Menaḥem bar Yosei says: She must leave her husband. And Rabbi Menaḥem bar Yosei said: When do I say that she must leave her husband? It is in a case where witnesses came to testify that she is still married and she remarried thereafter. However, if she remarried and the witnesses came thereafter, she need not leave her husband based on the uncertainty created by contradictory witnesses.

The Gemara asks: After all, they are two witnesses testifying that she is married and two witnesses testifying that she is not; how then can the ruling be that after remarrying she need not leave her husband? In that case, one who engages in intercourse with her stands liable to bring a guilt-offering for uncertainty. For any prohibition whose certain violation renders one liable to bring a sin-offering, its uncertain violation renders one liable to bring a guilt-offering for uncertainty. Rav Sheshet said: This is a case where she married one of her witnesses who testified that she is unmarried. As far as he is concerned, there is no uncertainty. The Gemara asks: She herself stands liable to bring a guilt-offering for uncertainty, as she has no independent knowledge whether her husband died. The Gemara answers that this is a case where she says: It is clear to me that he died.

§ Rabbi Yoḥanan said that if two witnesses say: The husband died, and two witnesses say: He did not die, this woman may not remarry. And if she remarried she need not leave her husband. If two witnesses say: This woman was divorced, and two witnesses say: She was not divorced, this woman may not remarry. And if she remarried she must leave her husband.

The Gemara asks: What is different in the first clause of Rabbi Yoḥanan’s statement, where, if she remarried, she need not leave her husband, and what is the different in the second clause, where, if she remarried, she must leave her husband? Abaye said: Interpret Rabbi Yoḥanan’s statement in a case where each testimony was given by one witness. If one witness says: The husband died, the Sages instituted an ordinance and accorded him credibility like that of two witnesses in order to enable his wife to remarry. And that is in accordance with the opinion of Ulla, as Ulla said: Wherever the Torah deemed one witness credible, his legal status there is that of two witnesses. And the legal status of that second witness who says: He did not die, is that of one witness, and the statement of one witness has no validity in a place where there is the testimony of two witnesses. Therefore, she need not leave her husband.

The Gemara asks: If so, that this is a case of the testimony of two witnesses against the testimony of one witness, it should be permitted for her to remarry even ab initio. The Gemara answers that she may not remarry ab initio due to the opinion of Rav Asi, as Rav Asi said that in any case of uncertainty, the verse “Remove from you a crooked mouth, and perverse lips put far from you” (Proverbs 4:24) applies. Although it is not a strictly prohibited action, it is, nevertheless, inappropriate.

In the latter clause of Rabbi Yoḥanan’s statement, where one witness says: This woman was divorced, and one witness says: She was not divorced, both of them are testifying that she was a married woman, and that witness who says: She was divorced, is one witness, and the statement of one witness has no validity in a place where there is the testimony of two witnesses. Therefore, even if she remarried she must leave her husband.

Rava explained the difference between the two cases in Rabbi Yoḥanan’s statement and said: Actually it is a case where they are two witnesses testifying that she is married and two testifying that she is not, and Rabbi Yoḥanan saw the statement of Rabbi Menaḥem bar Yosei as correct in the case of divorce but did not see it as correct in the case of death. What is the reason that he distinguishes between the two cases? In the case of death, if ultimately her husband returns alive, she is unable to deny that he is alive. Therefore, the woman’s decision to remarry is credible, as if she were not certain that he was dead, she would not have remarried. However, in the case of divorce, if her husband returns and claims that he did not divorce her, she is able to deny his claim. Therefore, her decision to remarry is suspect, and the Sages penalized her and established that she must leave her husband.

The Gemara asks: And is the woman impudent to that extent, that she would lie in the presence of her husband and claim that he divorced her? But didn’t Rav Hamnuna say with regard to a woman who said to her husband: You divorced me, she is deemed credible, as there is a presumption that a woman is not insolent in the presence of her husband? The Gemara answers: This statement that she is not insolent applies only in a case where there are no witnesses who are supporting her; however, in a case where there are witnesses who are supporting her, she would certainly be insolent.

Rav Asi explained the difference between the two cases in Rabbi Yoḥanan’s statement and said that it is a case where the witnesses say: He died now, or: He divorced her now. With regard to the husband’s death, there is no way to immediately clarify whether or not he is dead. With regard to divorce there is a way to immediately clarify whether or not he divorced her, as we say to the woman: If it is so that this is what happened, show us your bill of divorce. Since the testimony was that the divorce was now, it is not feasible that she lost the bill of divorce. If she fails to produce the bill of divorce, the witnesses that testify that she is divorced are apparently false witnesses. Therefore, even if she remarried she must leave her husband.

§ The Sages taught: In a case where two witnesses say: This woman was betrothed, and two witnesses say: She was not betrothed, this woman may not marry another, and if she remarried, she need not leave her husband. In a case where two witnesses say: This woman was divorced, and two witnesses say: She was not divorced, this woman may not remarry. And if she remarried, she must leave her husband.

Traduction : The William Davidson digital edition of the Koren Noé Talmud, with commentary by Rabbi Adin Even-Israel Steinsaltz.

Ketuvot 22b examines conflicting witness testimony about a husband's death or divorce and whether a remarried woman must separate from her new husband.