Bava Batra 135A

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Text Excerpt

ההוא דהוה קא שכיב, אמרו ליה: אתתיה למאן? אמר להו: חזיא לכהנא רבה.

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 marriage, or is she permitted to marry whomever she wishes? He said to them: She is fit to marry even a High Priest. She is not required to enter into levirate marriage.

אמר רבא: מאי ניחוש לה? הא אמר רב חייא בר אבא אמר רבי יוחנן: בעל שאמר ״גרשתי את אשתי״⁠ – נאמן! אמר ליה אביי, והא כי אתא רבי יצחק בר יוסף אמר רבי יוחנן: בעל שאמר ״גרשתי את אשתי״⁠ – אינו נאמן! אמר ליה: (ולאו) מי לא שנינהו ⁠– כאן למפרע, וכאן להבא?

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: But when Rav Yitzḥak bar Yosef came from Eretz Yisrael, he said that R' Yoḥanan says: A husband who says: I have divorced my wife, is not deemed credible. Rava said to him: But didn’t we resolve the contradiction, concluding that here R' Yoḥanan was referring to a retroactive testimony and there he was referring to testimony for the future? Therefore, according to both versions of R' Yoḥanan’s statement, the husband should be deemed credible in this case.

ואשנויי ניקום ולסמוך?! אמר ליה רבא לרב נתן בר אמי: חוש לה.

Abaye responded: But should 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 to Rav Natan bar Ami: Be concerned about it. There may be a dispute with regard to this issue, as the resolution cannot be relied upon.

Text data via Sefaria: William Davidson Edition - English and William Davidson Edition - Vocalized Aramaic, CC-BY-NC; edition provenance: Koren. Display terminology has been modernized for readability.