The Book of Deeds of Those Living in the Land of Israel
If a woman received a betrothal [offer] from a certain man for [her daughter] whose father had died, and her daughter knew that her mother had betrothed her to be a wife and she was silent [i.e., did not object], the presumption is that she [i.e., the daughter] accepted [the betrothal]. Now if this young girl became an adult woman, and some time later she went and accepted a betrothal from another man, and both betrothals were performed in front of witnesses, to which of the two is she betrothed?
This is the ruling. [She is betrothed] to the first, and as for the second, his betrothal is not valid, as betrothal is not effective with a married woman, whether betrothed or wed. She must return what she took from the second man. [ . . . ]
A [man] went abroad and committed evil deeds, was caught by the governor, stood trial, was tortured, confessed to his name and that of his town—that it was such-and-such—was sentenced, and died. A certain non-Jewish merchant arrived at and entered the town of the deceased for the purpose of commerce or for some other reason, and, while conversing with the residents, said to them, “I saw a Jew in such-and-such a place sentenced by the authorities, and he died, or was killed or burned, and I myself saw him killed and dead.”
We examine whether he [i.e., the non-Jewish merchant] had come for the purpose of delivering that testimony or if the relatives of the woman whose husband died had brought him [in which case we may not accept his testimony]. But if the non-Jew came of his own accord, without intent [to provide testimony], but as one engaging in conversation, when he said, “I saw a certain Jew sentenced by the authorities in such-and-such a place and he said, ‘I am so-and-so from such-and- such a place,’ and he was killed,” we examine him, and if he can provide testimony of identifying signs, whether about the body or his garments, we accept his testimony, even though he is a non-Jew.
If [on the other hand] he reported with intent, we ask him about the details of the identifying signs of the man, about his height, voice, and facial appearance. We say to him, “Did you hear him [i.e., the deceased] request that you go to his wife or relatives?” If he replies, “Yes,” you must rule according to what you observe [of his demeanor and testimony]. Sometimes others may have sent him with intent [to mislead]. [ . . . ]
[If] someone died and left behind a pregnant or nursing wife, [the wife] must wait twenty-four months to remarry, from the time the child is born until the child is weaned. If [the child] dies, she must wait nevertheless, for sometimes a woman intentionally strangles her child so that she may remarry quickly. But if they [i.e., the widow and her future husband] were engaged to each other before twenty-four months passed, she must swear that they will not be alone together before [the full] twenty-four months have passed.
If the child dies before his father, even one day earlier, and the father dies after, by even one hour, the woman waits for three months [so that there is no confusion over the paternity of a future child], and [then] she may marry whomever she desires. This is because a woman may not marry during the days of her child’s nursing until the milk has dried up, which is twenty-four months for a boy or a girl. If the child is in the grave, and she marries after just eighteen months, what she has done is done, but if she asks a sage [first], he should not permit her.
Published in: The Posen Library of Jewish Culture and Civilization, vol. 3: Encountering Christianity and Islam.