Tuesday, July 31, 2007

TESTIMONY OF A WOMAN - Yevamos 88 - Daf Yomi

The Gemora states that regarding testimony for a woman whose husband died overseas, we accept testimony from a witness who heard testimony from another witness, although we normally do not accept such testimony. Similarly, even the testimony of a person who is normally invalidated for testimony, such as a woman, a slave and the like, their testimony will be accepted to allow a woman to remarry.

The Reshash asks: Tthe Mishnah states that there is no liability of a korban shevuas haeidus, if one takes an oath that he does not know testimony regarding a woman. The question is, if regarding testimony on behalf of a woman, even a woman’s testimony is acceptable, then one should be liable a korban shevuas haeidus for testimony regarding a woman.

The Reshash answers that the testimony of woman is not considered a testimony. Even if she is a “kosher” witness, she is not considered to be “kosher” with regard to the laws of testimony, only that she can reveal what happened in a certain situation. This answer is corroborated by Rabi Akiva Eiger .

The Shav Shmattsa answers that what we believed the words of a woman is not because of testimony, but rather because we assume that her words are the facts. If so, regarding the liability of a korban shevuas haeidus, Rashi writes that we require that the person was fit to testify. So it follows that a woman and anyone else who is invalidated from testifying will not fall under the category of liability for a korban shevuas haeidus.