14. Testimony which obligates keeping Aveilus:[2]

In order for one to be obligated to mourn the passing of a relative, one must receive authentic information regarding his death. A single witness is believed in this regard, and one is not required to hear testimony from two witnesses. Likewise, a person is believed even if he did not personally witness the death, but is carrying the information from someone who did witness it [i.e. another relative, the doctor, hospital etc]. [Likewise, a woman is believed.[3]] Even a gentile’s testimony is believed if he is Mesiach Lefi Tumo [i.e. a casual statement without any incentive for the gentile].[4]  [The general rule is as follows: All testimony that is valid to allow a woman to remarry, is valid for determining the death of the relative to obligate Aveilus.[5] Thus, the following forms of testimony are all valid: Slave, woman, relative, and Eid Mepi Eid. One who is an invalid witness due to sin, is only valid if he is Mesiach Lefi Tumo.[6] A child, however, is not believed, and neither is one who is insane.[7]]

Contradiction of testimony:[8] In the event that there is conflicting testimony regarding the death of the relative, with two people saying that he died and two others saying that he did not die, then one does not mourn him.[9]

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[1] See Nitei Gavriel Chapter 126

[2] Michaber 397:1

[3] See Taz 397:1; Michaber E.H. 17:3

[4] Michaber ibid; Rashal in name of Ravayah, brought in Taz 397:1; See Michaber Even Haezer 17:3; 14-16

Other opinions: Some Poskim rule a gentile is not believed to testify that someone passed away regarding keeping the laws of Aveilus. [Taz 397:1 in name of Rashal, in name of Or Zarua]

[5] Shach 397:1 in name of Ramban and Bach; See Even Haezer 17

[6] Michaber Even Haezer 17:3

[7] Michaber Even Haezer 17:13

[8] Michaber 397:2

[9] The reason: As Safek Aveilus Lihakel. [Taz 397:2] Alternatively, as we establish a person on his Chazaka that he is alive. [Shach 397:2]