Yevamot 121a (קכא.) — the Talmud in English

Alternatively, perhaps it was he himself,

the slaughtered man, who, through his excessive convulsions,

hastened his death;

and the exile applies only to one who himself caused the entire death.

What is the difference between them,

between the two interpretations?

If he slaughtered him in a house of marble,

in which there is no air,

and he convulsed,

the slaughtered man.

Alternatively, if he slaughtered him outside,

in a place where there is air,

and he did not convulse,

the slaughtered man.

Rabbi Yehuda says: Not every

person and not every place.

They raised a dilemma before them: Did Rabbi Yehuda ben Bava disagree leniently, or did he disagree stringently?

Does he mean to say that testimony concerning the dead can be accepted based on the conditions of the place and the time even after three days, and he is lenient,

or perhaps, depending on the conditions of the place and the time, it may be impossible to testify even if three days have not elapsed since his death, and he is stringent?

Come and hear: There was a certain man who drowned in

a city called

Karmi.

And they brought him up

and brought him from the water to a place called

“Bei Hadiya,” after three days.

And

nevertheless,

Rav Dimi of Nehardea married his wife off.

And furthermore, there was a certain man who drowned in

the

Tigris River, and they brought him up at the Shavistana bridge, and Rava married his wife off on the basis of the testimony of his groomsmen,

according to the testimony of his groomsmen, who knew him,

after five days.

Granted, if you say he disagreed leniently—

they,

who married their wives off,

acted in accordance with Rabbi Yehuda ben Bava.

But if you say he disagreed stringently, they, who acted

to marry their wives off—

in accordance with whom

did they act leniently by permitting them to marry?

And we answer:

The case of

one who drowns in

water

is different, for it contracts.

For the water contracts the features of the face, and the face of one who dies in water does not swell and change as does the face of one who dies on dry land.

And we challenge this:

But you said

that

water strengthens

the

wound!

And we answer:

That statement applies

when water strengthens the wound,

where there is a wound.

But where there is no wound—

it contracts.

And this statement applies when, as soon as he was brought up,

when the drowned man was brought up from the water,

they saw him immediately,

and recognized him at that time.

But if he remained there for some time—

he swells.

And one may not testify concerning him.

Mishna:

One who

fell into water

and drowned in it,

whether it has an end,

as will be explained below,

or whether it has no end—

his wife is forbidden to marry.

In water that has an end, there is concern that perhaps he remained in it for a day or two.

And in water that has no end, there is concern that perhaps he remained in the water and emerged somewhere else, and is still alive.

Rabbi Meir said: There was an incident involving one who fell into the great cistern

of water

and emerged

from there

after three days.

Rabbi Yosei said:

There is no need to wait three days in the case of one who drowned in water that has an end, because if he had been saved, they would have seen him.

And

there was an incident involving a blind man who descended to immerse himself in a cave,

which contained water that had an end,

and the man

who was

leading him

and guiding the blind man

after him

into the water.

And they remained

there

until their souls departed,

and they did not wait;

and the court married off

the

wives of the men.

But if he drowned in water that has no end, Rabbi Yosei concedes that she is forbidden forever, lest he emerged from the water in a place that cannot be seen from here.

And again, there was an incident in Asia involving one whom they lowered into the sea,

in water that had no end,

and they were unable to retrieve

from him

anything but his leg,

while his entire body disappeared in the water.

The Sages said:

If his leg was severed

above the knee

[from the knee]

and above—

his wife may marry,

because he cannot survive in that condition.

Below the knee—

his wife may not marry.

Gemara:

The Sages taught: One who fell into water, whether it has an end or whether it has no end—

his wife is forbidden; this is the statement of Rabbi Meir.

And the Sages say: Water that has an end—

his wife is permitted; but water that has no end—

his wife is forbidden.

And the Gemara discusses:

What are the circumstances of “water that has an end”?

Abaye said: Any water where a person stands

and

sees

the entire area of the water into which he drowned

from all four directions.

There was a certain man who drowned in the marsh

which was water surrounded by land on all sides and therefore had an end,

of Daskey

[a place-name].

Rav Sheila married his wife off

to his wife.

Rav said to Shmuel: Come, let us excommunicate him,

let us excommunicate Rav Sheila for this.

He said to him: Let us send him

a warning

first,

beforehand.

They sent to Rav Sheila:

One who drowns in

water that has no end—

is his wife forbidden or permitted?

Rav Sheila sent back to them:

Rav Sheila

said: His wife is forbidden.

They sent him another question:

And the Daskey marsh—

is it water that has an end or water that has no end

?

He sent back to them: It is water that has no end.

They sent to him:

And, Master, why did you act in that manner

to permit his wife?

He sent back to them:

I made a mistake.

I thought that since the waters of the marsh pool

and

remain stationary—

they are comparable to water that has an end,

as he cannot travel to a place that cannot be seen.

But it is not so. Since there are waves—

perhaps the waves carried him down,

pushing him to a distant place, where he emerged.

Shmuel recited this verse concerning Rav

[Proverbs 12]

“No harm will befall the righteous.”

For he did not err by excommunicating Rav Sheila.

Rav recited this verse concerning Shmuel, who advised him to approach Rav Sheila first: [Proverbs 11]

“But there is deliverance through abundant counsel.”

It was taught: Rabbi said: There was an incident involving two men

who were

casting nets

and spreading nets to catch fish

in the Jordan.

One of them entered a fish cave,

part of which was elevated above the water and part of which was filled with water.

The sun set, and he could not see the entrance to the cave.

His fellow remained

until

his soul departed, and came and informed his household

that he had died.

The next day, the sun rose, and his fellow recognized

the

entrance to the cave, and came and found a great eulogy taking place in his household.

Rabbi said

concerning this:

How great are the words of the Sages, who said: Water that has an end—

his wife is permitted; water that has no end—

his wife is forbidden.

And we challenge this:

If so,

even one who drowned in

water that has an end should also raise concern that he entered a fish cave!?

And we answer:

In water that has an end, a fish cave is uncommon.

Rav Ashi said: This statement of the Sages, that water that has no end renders his wife forbidden, applies specifically to an ordinary person.

But not to a Torah scholar,

because

if

it happened that he

emerged—

he would have a public reputation.

But it is not so; there is no difference between an ordinary person and a Torah scholar,

as a matter of ex post facto validity, yes; but initially, no.

It was taught: Rabban Gamliel said: Once I was traveling on a ship, and I saw a ship that had broken apart, and I was distressed over the Torah scholar who was aboard it—and who was he? Rabbi Akiva.

When I came ashore, he came, sat down, and debated halakha before me.

I said to him: My son, who brought you up?

He said to me: A plank from the ship came my way, and with every wave that came toward me, I bowed my head to it.

And so the wave passed over me, and I did not drown.

From here the Sages said: If wicked people come against a person, he should bow his head to them.

He should not stand against them; rather, he should wait and not provoke them.

At that moment I said: How great are the words of the Sages, who said: Water that has an end—

she is permitted; water that has no end—

she is forbidden.

It was taught: Rabbi Akiva said: Once I was traveling on a ship, and I saw a ship being battered in the sea, and I was distressed over the Torah scholar who was aboard it—and who was he? Rabbi Meir.

When I came to the province of Cappadocia, he came, sat down, and debated halakha before me.

I said to him: My son, who brought you up? He said to me: One wave drove me to another, and that one to another, until it cast me up onto dry land.

At that moment I said: How great are the words of the Sages, who said: Water that has an end—

his wife is permitted; water that has no end—

his wife is forbidden.

The Sages taught: If one fell into a den of lions—

one may not testify concerning him.

If he fell into a pit full of snakes and scorpions—

one may testify concerning him.

Rabbi Yehuda ben Beteira says: Even if he fell into a pit full of snakes and scorpions—

one may not testify concerning him,