Talmud Bavli
Talmud Bavli

Responsa for Yevamot 240:8

ומי מצית לאוקומי כר"ש בן אלעזר והא קתני סיפא מעשה בעסיא באחד ששילשלוהו לים ולא עלתה בידם אלא רגלו ואמרו חכמים מן הארכובה ולמעלה תנשא מן הארכובה ולמטה לא תנשא

the Rabbis. For it was taught: Evidence may be legally tendered on [the death of a person] whose arteries were cut,<span class="x" onmousemove="('comment',' The evidence being accepted as valid to enable the man's wife to remarry. ');"><sup>19</sup></span> but no such evidence may be tendered concerning one crucified. R. Simeon b. Eleazar ruled: No such evidence may be legally tendered even concerning one whose arteries were cut, because [the wounds] might be cauterized and [the man] may survive.<span class="x" onmousemove="('comment',' Lit., 'he is able to burn and to live'. Our Mishnah would thus represent the view of R. Simeon b. Eleazar. ');"><sup>20</sup></span> Can this,<span class="x" onmousemove="('comment',' V. supra n. 8. ');"><sup>21</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.
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