Yevamot 121A

קירב מיתתו. מאי בינייהו?

hastened his own death. For instance, if the maimed man convulsed intensely, injuring himself, the perpetrator is not culpable for the death and should not be exiled. The Talmud asks: What is the practical difference between these two considerations, that the wind or the victim himself hastened his death?

דשחטיה בביתא דשישא ופרכיס. אי נמי: דשחטיה בברא ולא פרכיס.

The Talmud explains: There is a practical difference between them in a case where one cut someone in a house of marble that was closed on every side, in which there was no wind, and the victim convulsed. Alternatively, there is a difference in a case where one cut the victim outside, where there is wind, and the victim did not convulse at all.

רבי יהודה אומר: לא כל וכו׳. איבעיא להו: רבי יהודה בן בבא לקולא פליג, או לחומרא פליג.

§ It was taught in the Mishnah that one may testify to someone’s death only when he saw the corpse within 3 days of the individual’s death. However, R' Yehuda ben Bava says: Not every person, nor every place, nor every hour is identical. A dilemma was raised before the rabbis: Did R' Yehuda ben Bava disagree with the Rabbis with the intent to rule more leniently and hold that sometimes one may testify to the identity of one who died even if he did not see the body within 3 days of his death? Or, did he disagree with the intent to rule more stringently and hold that sometimes one may not testify even if he saw the body within 3 days of the individual’s death?

תא שמע: דההוא גברא דטבע בכרמי, ואסקוהו אבי הדיא לבתר תלתא יומין, ואנסבה רב דימי מנהרדעא לדביתהו. ותו: ההוא גברא דאטבע בדגלת, ואסקוהו אגישרא דשביסתנא, ואנסבה רבא לדביתהו אפומא דשושביני לבתר חמשה יומי.

Come and hear a solution: A certain man drowned in a place called Carmi, and they drew him out of the water near Bei Hedya after 3 days, and Rav Dimi from Neharde’a allowed his wife to marry. And furthermore, a certain man drowned in the Tigris River, and they drew him out of the river onto the Bridge of Shabistana, and Rava allowed his wife to marry based upon his friends’ testimony, although the body was seen only 5 days after death.