Responsa for Yevamot 240:7
אמר אביי לא קשיא הא ר"ש בן אלעזר הא רבנן דתניא מעידין על המגוייד ואין מעידין על הצלוב רבי שמעון בן אלעזר אומר אף על המגוייד אין מעידין מפני שיכול לכוות ולחיות
[Thus it follows that] it is only defilement that he does not cause but that it is impossible for him to live!<span class="x" onmousemove="('comment',' Which is contradictory to the implication in our Mishnah. ');"><sup>17</sup></span> — Abaye replied: This is no difficulty. The one represents the view of<span class="x" onmousemove="('comment',' Lit., 'that'. ');"><sup>18</sup></span> R. Simeon b. Eleazar; the other that of<span class="x" onmousemove="('comment',' Lit., 'that'. ');"><sup>18</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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