Introduction Two more testimonies, one by Rabbi Akiva and one by Rabbi Joshua
Rabbi Akiva testified in the name of Nehemiah, a man of Beth Deli, that a woman is allowed to remarry on the evidence of one witness. Usually Jewish law requires two witnesses in order for testimony to be effective. Here we learn of an exception to this rule. If one witness testifies that a woman’s husband has died, she is allowed to remarry based on one witness’s testimony. This leniency is to prevent the sad situation where a woman cannot remarry because she doesn’t know if her first husband is dead. This same testimony appears in chapter six mishnah one, there given by Rabbi Judah ben Bava. It is perplexing that Rabbi Akiva should repeat the same testimony. The reason why Rabbi Akiva repeats the testimony is explained in the last mishnah of Yevamoth. There Rabbi Akiva relates that when he traveled to Babylonia he met Rabbi Nehemiah of Beth Deli who told him that he had heard that in the Land of Israel only Rabbi Judah ben Bava allowed a woman to re-marry on the testimony of one witness; the other Sages disagree. Rabbi Akiva confirmed that this was true. Rabbi Nehemiah responded to him that he had heard from Rabban Gamaliel the Elder that a woman could remarry on the testimony of one witness. The testimony in our mishnah is Rabbi Akiva’s reporting of what Rabbi Nehemiah had told him. It is meant to teach that the testimony in chapter six, mishnah one is agreed to by more than just Rabbi Judah ben Bava.
Rabbi Joshua testified concerning bones found in the wood-shed that the Sages said: one may gather them, bone by bone, and they are all clean. Rabbi Joshua testifies that the bones of a human were found in the wood-shed in the Temple in Jerusalem, and that the Sages said that they could gather up the bones and bring them out of the Temple, without fearing that the bones had come into contact with other things in the Temple and impurified them. This is because the Temple is public domain and all cases of doubtful impurity in the public domain are deemed pure.