Responsa for Yevamot 240:3
גופו דארוך וגוץ כליו דחיישינן לשאלה ואי חיישינן לשאלה חמור בסימני אוכף היכי מהדרינן
and as to one's CLOTHING [no reliability can be placed upon their identification] since borrowing might be apprehended.<span class="x" onmousemove="('comment',' There is no proof that the dead man was wearing his own clothes. V. supra note 5. ');"><sup>5</sup></span> If, however, borrowing is to be apprehended how could we allow the return of an ass<span class="x" onmousemove="('comment',' That was found. ');"><sup>6</sup></span> on [the strength of] the identification marks of a saddle!<span class="x" onmousemove="('comment',' V. B.M. 27a. ');"><sup>7</sup></span>
Teshuvot Maharam
Q. A went to a village and expected to return the same day. He did not return, and on that day a murdered man was found in the nearby forest. Although the body was unrecognizable as it had been mutilated by dogs, it was identified as A's body for the following reasons: (a) People said that a Jew was murdered; (b) the garments on the dead body were recognized as belonging to A; (c) A's wife identified a mole on the dead body as the one her husband had. May A's wife remarry?
A. Neither a general rumor, nor the finding of one's garments on a dead body, are sufficient to establish the death of an individual. But a woman is believed when she identifies her husband's body through a mole. A's wife may, therefore, remarry.
SOURCES: Pr. 371.
A. Neither a general rumor, nor the finding of one's garments on a dead body, are sufficient to establish the death of an individual. But a woman is believed when she identifies her husband's body through a mole. A's wife may, therefore, remarry.
SOURCES: Pr. 371.
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