One witness on the matter of allowing a woman to remarry due to the death of her husband
I am currently reading the article you wrote about Parashat Shofitim, and it says there that the fact that only one witness is sufficient for the issue of allowing a woman to remarry due to the death of her husband is the law of the rabbis. I wanted to ask how the law of the rabbis can simplify the law of the Torah?
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This is not my invention. This is the method of all the poskim and this is how it is explained in the Gemara (although the Rambam has a contradiction on the matter, and it depends on various reasons in the Talmud itself: a definite presumption and a minasva or the regulation of agunot). The explanation for this is very simple. If the husband is in fact dead, the woman is permitted to marry. Although there is a rule in the laws of evidence that only two witnesses permit a private matter, but this is only the laws of evidence. Therefore, if the Sages are convinced that the husband is truly dead according to one witness (and a definite presumption and a minasva), they can relax the laws of evidence and allow marriage. They did not allow a man's wife to be an Alma, but only relaxed the laws of evidence.
In principle, sages can remove something from the Torah in a Sho'at, and when there is a great need, then probably also in a Ko'a. If the permission is to marry, then it is a permission in a Ko'a. But if the permission is not to accept the testimony of two, then there is room to discuss whether it is a Sho'at or a Ko'a.
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