## Yevamot Daf 116a

###### Yevamot 116a:1
[Yevamot 116a:1](https://torahapp.org/share/book/Yevamot/r/116a:1)

לְמַאי נֵיחוּשׁ לַהּ? אִי לִנְפִילָה — מִזְהָר זְהִיר בֵּיהּ. אִי לְפִקָּדוֹן — כֵּיוָן דִּשְׁמֵיהּ כִּשְׁמֵיהּ לָא מַפְקֵיד גַּבֵּיהּ.

**William Davidson Edition - English:**
**With regard to what** should we **be concerned** in the case of the promissory note? **If** we are concerned **about** the possibility of **falling,** i.e., that the promissory note might have dropped from this person’s hand and the other one found it, the former is certainly **careful with it** so as not to lose it, as he knows there is someone else in the city with the same name. **If** we are concerned **about** the possibility that it was given as **a deposit** for safekeeping, i.e., that the actual owner might have given it to the one in possession of it, **since his name is the same as the name** of the bailee, the owner **would not deposit** his contract **with him** without some insurance.


###### Yevamot 116a:2
[Yevamot 116a:2](https://torahapp.org/share/book/Yevamot/r/116a:2)

מַאי אָמְרַתְּ, דִּלְמָא מְסַר לֵיהּ? אוֹתִיּוֹת נִקְנוֹת בִּמְסִירָה.

**William Davidson Edition - English:**
**If you say** that **perhaps** the actual owner **passed,** i.e., transferred the promissory note **to this** person whose name is the same as his own, i.e., he gave or sold it to him so he may collect it for himself, in that case the one in possession is entitled to collect the money, as **letters** of credit **are acquired through passing.** There is no need for an additional act of acquisition here, which means that the promissory note belongs to the one in possession of it, despite the fact that it was not originally written for him. Consequently, no proof can be brought from this case with regard to whether or not one should be concerned about two people with identical names.


###### Yevamot 116a:3
[Yevamot 116a:3](https://torahapp.org/share/book/Yevamot/r/116a:3)

הָהוּא גִּיטָּא דְּאִשְׁתְּכַח בְּסוּרָא וּכְתִיב בֵּיהּ הָכִי: בְּסוּרָא מָתָא אֲנָא עָנָן בַּר חִיָּיא נְהַרְדָּעָא פְּטַרִית וְתָרֵכִית פְּלוֹנִית אִנְתְּתִי. וּבְדַקוּ רַבָּנַן מִסּוּרָא וְעַד נְהַרְדְּעָא, וְלָא הֲוָה עָנָן בַּר חִיָּיא אַחֲרִינָא לְבַר מֵעָנָן בַּר חִיָּיא מְחַגְּרָא דַּהֲוָה בִּנְהַרְדְּעָא. וַאֲתוֹ סָהֲדִי וֶאֱמוֹר דְּהָהוּא יוֹמָא כִּי אִיכְּתַב הָהוּא גִּיטָּא, עָנָן בַּר חִיָּיא מְחַגְּרָא גַּבַּן הֲוָה.

**William Davidson Edition - English:**
The Gemara relates: There was **a certain bill of divorce that was found in** the city of **Sura and the following was written in it: In the city of Sura, I, Anan bar Ḥiyya** of **Neharde’a, excused and sent away** and divorced **my wife, so-and-so. And the Sages examined** the area **from Sura to Neharde’a,** throughout almost all of Babylonia, **and there was no other Anan bar Ḥiyya** than the one they knew, **apart from an Anan bar Ḥiyya of Ḥagra who was in Neharde’a. And** yet **witnesses came and said that on that day, when that bill of divorce was written: Anan bar Ḥiyya of Ḥagra was with us** in Neharde’a, not in Sura.


###### Yevamot 116a:4
[Yevamot 116a:4](https://torahapp.org/share/book/Yevamot/r/116a:4)

אָמַר אַבָּיֵי: אַף לְדִידִי דְּאָמֵינָא חָיְישִׁינַן — הָכָא לָא חָיְישִׁינַן, דְּהָא קָאָמְרִי סָהֲדִי דְּבִנְהַרְדְּעָא הֲוָה, מַאי בְּעָא בְּסוּרָא.

**William Davidson Edition - English:**
**Abaye said: Even according to my** opinion, by **which I say** that generally **we are concerned** about the possibility of someone else with the same name, **here we are not concerned.** The reason is **that the witnesses say** the other Anan bar Ḥiyya **was in Neharde’a; what,** then, **is he doing in Sura?** Consequently, there is no concern that the bill of divorce was written by the Anan bar Ḥiyya of Ḥagra.


###### Yevamot 116a:5
[Yevamot 116a:5](https://torahapp.org/share/book/Yevamot/r/116a:5)

אָמַר רָבָא: אַף לְדִידִי דְּלָא חָיְישִׁינַן — הָכָא חָיְישִׁינַן, דִּלְמָא בְּגַמְלָא פָּרְחָא אֲזַל. אִי נָמֵי בִּקְפִיצָה. אִי נָמֵי מִילֵּי מְסַר.

**William Davidson Edition - English:**
**Rava said: Even according to my** opinion, in which I say **that we are not concerned** in general, **here,** when it is established that there definitely is another man by the same name, **we are concerned.** As for the apparently contradictory testimony, **perhaps he went by a flying camel,** an extremely fast means of transportation, and was able to travel from Neharde’a to Sura in one day. **Alternatively,** he might have arrived **by** a miraculous **shortcut. Alternatively,** he might have **given verbal instructions** beforehand for them to write the bill of divorce in a place where he was not physically located.


###### Yevamot 116a:6
[Yevamot 116a:6](https://torahapp.org/share/book/Yevamot/r/116a:6)

כְּדַאֲמַר לְהוּ רַב לְסָפְרֵי, וְכֵן אֲמַר לְהוּ רַב הוּנָא לְסָפְרֵי: כִּי אִיתַנְכוּ בְּשִׁילֵי כְּתוּבוּ בְּשִׁילֵי, אַף עַל גַּב דְּמִימַּסְרָן מִילֵּי בְּהִינֵי. וְכִי אִיתַנְכוּ בְּהִינֵי כְּתוּבוּ בְּהִינֵי, אַף עַל גַּב דְּמִימַּסְרָן מִילֵּי בְּשִׁילֵי.

**William Davidson Edition - English:**
This last answer is **as Rav said to the** court **scribes, and likewise Rav Huna said to the scribes: When you are in** a place called **Shili, write** that the contract was written **in Shili, even when the instructions are given** to you **in** a different place called **Hini. And** likewise, **when you are in Hini, write** that it was written **in Hini, even when the instructions are given** to you **in Shili.**


###### Yevamot 116a:7
[Yevamot 116a:7](https://torahapp.org/share/book/Yevamot/r/116a:7)

מַאי הֲוָה עֲלַיְיהוּ דְּשׁוּמְשְׁמֵי? רַב יֵימַר אָמַר: לָא חָיְישִׁינַן. רָבִינָא אָמַר: חָיְישִׁינַן. וְהִלְכְתָא: חָיְישִׁינַן.

**William Davidson Edition - English:**
The Gemara returns to the original question: **What was** the conclusion that was reached **about this** case involving **sesame plants?** Do they belong to the one who deposited them, or is the claim of the bailee accepted, that he returned them and placed other sesame plants in the same barrel? **Rav Yeimar said: We are not concerned** that they are different plants, and **Ravina said: We are concerned.** The Gemara concludes: **And** the ***halakha*** is that **we are concerned** about the possibility that the bailee replaced them with others, and we do not rely on the distinguishing marks provided by the claimant in this case.


###### Yevamot 116a:8
[Yevamot 116a:8](https://torahapp.org/share/book/Yevamot/r/116a:8)

קְטָטָה בֵּינוֹ לְבֵינָהּ וְכוּ׳. הֵיכִי דָּמֵי קְטָטָה בֵּינוֹ לְבֵינָהּ, אָמַר רַב יְהוּדָה אָמַר שְׁמוּאֵל: בְּאוֹמֶרֶת לְבַעְלָהּ ״גָּרְשֵׁינִי״. כּוּלְּהוּ נָמֵי אָמְרוּ הָכִי! אֶלָּא בְּאוֹמֶרֶת לְבַעְלָהּ ״גֵּירַשְׁתַּנִי״.

**William Davidson Edition - English:**
§ The mishna taught: If there was **a quarrel between him and her,** her testimony that her husband died is not accepted. The Gemara asks: **What are the circumstances** of a **quarrel between him and her? Rav Yehuda said** that **Shmuel said:** This is a case **where** people heard **her say to her husband: Divorce me.** The Gemara asks: Is this proof? **All** women **likewise say this** when they are angry; this does not prove that there was an unresolved quarrel left between them. **Rather,** a quarrel is **when she says to her husband: You divorced me,** i.e., she claims that she was actually divorced.


###### Yevamot 116a:9
[Yevamot 116a:9](https://torahapp.org/share/book/Yevamot/r/116a:9)

וְלִיהֵמְנַהּ מִדְּרַב הַמְנוּנָא. דְּאָמַר רַב הַמְנוּנָא: אִשָּׁה שֶׁאָמְרָה לְבַעְלָהּ ״גֵּירַשְׁתַּנִי״ — נֶאֱמֶנֶת. חֲזָקָה אֵין אִשָּׁה מְעִיזָּה פָּנֶיהָ בִּפְנֵי בַּעְלָהּ!

**William Davidson Edition - English:**
The Gemara asks: If she said to her husband that he divorced her, **let us believe her** claim, **in** accordance with the statement **of Rav Hamnuna. As Rav Hamnuna said: A woman who said to her husband: You divorced me, is deemed credible.** Why? There is **a presumption** that **a woman would not dare** to lie **in the presence of her husband** about a matter which he knows to be untrue. If so, why isn’t her claim that she was divorced accepted? This would mean that there is no need for any testimony concerning his death, as the ties between them have already been severed.


###### Yevamot 116a:10
[Yevamot 116a:10](https://torahapp.org/share/book/Yevamot/r/116a:10)

בְּאוֹמֶרֶת ״גֵּירַשְׁתַּנִי בִּפְנֵי פְּלוֹנִי וּפְלוֹנִי״, וְשַׁאֵילְנָא וְאָמְרוּ: ״לֹא הָיוּ דְבָרִים מֵעוֹלָם״.

**William Davidson Edition - English:**
The Gemara answers: In fact, a couple is considered to be quarreling **when she says: You divorced me in the presence of** two witnesses, **so-and-so and so-and-so; and** the court **asked those** men **and they said: This matter never happened.** In this case it is obvious that there was a terrible quarrel between them, but her claim that she was divorced is not accepted. Consequently, her later claim that her husband is dead is not accepted.


###### Yevamot 116a:11
[Yevamot 116a:11](https://torahapp.org/share/book/Yevamot/r/116a:11)

מַאי טַעְמָא דִּקְטָטָה? רַב חֲנִינָא אָמַר: מִשּׁוּם דִּמְשַׁקְּרָא. רַב שִׁימִי בַּר אָשֵׁי אָמַר: מִשּׁוּם דְּאָמְרָה בִּדְדָמֵי. מַאי בֵּינַיְיהוּ?

**William Davidson Edition - English:**
§ The Gemara analyzes the ruling of the mishna itself. **What is the reason** that **in** the case of **a quarrel** between them the court does not accept her testimony? **Rav Ḥanina said: Because she lies,** i.e., due to their quarrel she is likely to testify falsely that her husband died. **Rav Shimi bar Ashi said: Because she says** what **she imagines** to be the case. When there is peace between them, she examines the matter thoroughly to discover whether he actually died, but if there is a quarrel between them she is not so exacting, as she is pleased to be rid of him. The Gemara asks: **What is** the difference **between** these two explanations?