Love is strong, but is hatred stronger? TB Yevamot 94

To establish a fact two witnesses are required to testify. The only exception when one witness is enough in the case allowing a woman to remarry based on the one witnesses testimony that her husband is dead. Yesterday’s daf TB Yevamot 93b raises the question why should one witness be acceptable 

“They raised a dilemma before Rav Sheshet: In a case of one witness who testifies that a woman’s husband is dead, with regard to a yevama, what is the halakha? Can the court rely on this witness? The Gemara explains the sides of the dilemma: Is the reason that the testimony of one witness in the case of a missing husband is accepted because one does not lie about something that will be discovered, and here, too, he will not lie, in case the husband later arrives? Or, perhaps the reason for the eligibility of one witness is because the woman herself is exacting in her investigation before she marries again. But here, since she sometimes loves the yavam, as she already knew him beforehand, she is not exacting in her investigation before she marries again.” (Seforia.org translation)

Starting yesterday daf and continuing on today’s daf TB Yevamot 94 “The Gemara provides an alternative version of the discussion. And some Sages maintain another version that says: Let the dilemma not be raised, as even a wife herself is also deemed credible when she says her husband is dead, as we learned in a mishna (114b): With regard to a woman who said: My husband is dead, she may marry. Likewise, if she claimed: My husband is dead, she should enter into levirate marriage. If so, one witness is certainly deemed credible when he says her husband has died. The case where you could raise the dilemma is with regard to permitting a yevama sto all other men, if a witness claims that the yavam is dead.

In this case as well, the Gemara clarifies the sides of this dilemma: What is the reason that one witness is deemed credible? Is it because one does not lie about something that will be discovered, and therefore here too he would not lie? Or, perhaps the reason for accepting the testimony of one witness is because the wife is exacting in her investigation before she marries again, but this yevama is not exacting in her investigation before she marries again. Why not? Because she hates the yavam, and she would therefore take advantage of any testimony to rid herself of him.” (Seforia.org translation)

The real question is whether or not the widow will do her to diligence before remarrying. When the widow already has affections for her brother-in-law, the rabbis trust her that she was still to her to diligence before she enters a levirate marriage because of the resulting 16 penalties enumerated in the first Mishna of our chapter if the testimony of the one witness proves to be erroneous and the husband returns back home.

On the other hand when she hates her brother-in-law and doesn’t want to have anything to do with him let alone marry him, the rabbis don’t trust her to do her to diligence because she wants to be relieved of obligation of marrying her brother-in-law.

Why in one case the Rabbi’s trust her and in another they don’t. Tosefot ד"ה כִּי תִּיבְּעֵי לָךְ לְמִישְׁרֵי יְבָמָה לְעָלְמָא answers the question simply that hatred is a much stronger emotion than love. Because her hatred is strong, she will be less motivated to do who to diligence.

Which do you believe is stronger, love or hatred?