Bava Batra 135A

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Text Excerpt

The Talmud relates: There was a certain man, who was presumed to have brothers but no children, who was dying. His wife was therefore presumed to be obligated in levirate marriage. Those with him said to him: To whom may his wife, i.e., your wife, be married? Is she required to enter into levirate

Rava said: With what possibility need we be concerned with regard to her? Doesn’t R' Ḥiyya bar Abba say that R' Yoḥanan says: A husband who says: I have divorced my wife, is deemed credible, and she is exempt from levirate marriage? Therefore, this woman will be exempt as well. Abaye said to him:

Abaye responded: But shall we arise and rely on answers in a halakhic ruling? Although the contradiction can be resolved in this manner, there is no guarantee that this resolution is correct. Therefore Rav Yitzḥak bar Yosef’s statement should still be taken into consideration. Rava subsequently said

The Talmud relates: There was a certain man who was presumed by us, i.e., the court, to have no brothers, and he said at the time of his death that he has no brothers. Rav Yosef said: With what possibility need we be concerned with regard to his wife, in terms of her requiring levirate marriage? F

Rav Yosef responded: In any event, now the witnesses are not present before us, so this possibility does not need to be taken into account. Isn’t this the same as R' Ḥanina’s ruling in a case where women who were captured and subsequently liberated claimed that they were not raped in captivity (Ket