פֿאַרבונדענע פּסוקים אויף דברים 19:15

Rebbi Yose ben Rebbi Abun, Rebbi Ḥuna in the name of Rebbi Yose. It is said here two,[by the mouth of two witnesses¹⁷Deut. 17:6.], and it is said there two, two men remained in the camp¹⁸Num. 11:27.. Since there two means men but not women nor underaged, also here two means men but not women nor underaged. Then why is it said (two) [and the two men shall stand]¹⁹If actually the same price was paid for the two he-goats used on the Day of Atonement, but if they were regularly sold in the market one of them clearly would fetch a higher price, they are not disqualified but do not fulfill the biblical requirement of equality.? Lest one of them be standing while the other be sitting; [one is silent while the other talks]¹¹Corrector’s addition from the parallel sources., one says everything he has to say, but to the other one says, make your statement short. With one the judge is friendly, to the other he is unfriendly, lets one sit and the other stand. [They said in the name of Rebbi Ismael, one says to him, either you dress as he is dressed or pay him to be dressed as you are.]¹¹Corrector’s addition from the parallel sources.

HALAKHAH: “Rebbi Aqiba said, when I left the country for Nahardea for the intercalation of the year, Nehemiah from Badala found me,” etc. If it was found in a document: “X died, X was killed”; Rebbi Jeremiah said, one lets his wife remarry; Rebbi Abun bar Cahana said, one does not let his wife remarry. A baraita supports the one, a baraita supports the other. A baraita supports Rebbi Jeremiah: “By the mouth of witnesses,” not on basis of their writings, not on the word of a translator, not on the testimony of a single witness¹⁵²The full baraita is found only here. In Sifry Deut. 188, on Deut. 19:15, “by the mouth of two witnesses or three witnesses the matter shall be determined”, written testimony and translated testimony are excluded (the court which hears a criminal matter must be composed of judges able to hear the witnesses in their own languages). In that context, the lone witness does not have to be mentioned since he is excluded by the verse itself. In the Babli, Yebamot 31b, Giṭṭin 71a, only written testimony is excluded..” Today, does one not let remarry on the testimony of a single witness¹⁵³Next Mishnah. The biblical rules of testimony have been abrogated once and for all in the case of the presumed widow since in that case there are no adversary proceedings and the biblical rules of testimony never applied.? Therefore also one lets remarry on basis of their writings and on the word of a translator. A baraita supports Rebbi Abun bar Cahana: The power of witnesses is greater than the power of a document and the power of a document is greater than the power of witnesses. Since if witnesses say, “X died, X was killed”, one lets his wife remarry but if it was found in a document: “X died, X was killed”, one does not let his wife remarry¹⁵⁴However, it is not established whether this baraita follows or precedes the reform of Rabban Gamliel.. The power of a document is greater than the power of witnesses, since if somebody gives a loan before witnesses, he can foreclose only from unincumbered property; by a document, he can foreclose from mortgaged property¹⁵⁵This is explained in Chapter 3, Notes 130–131. Cf. Mishnah Baba Batra 10:16..