who disappears among the general populace and no news is known of either of them, there is a great difference between the two. The first will be recognized when he arrives in town, whereas the second will not be recognized. A year or two may pass without anyone knowing whether he is in the town or elsewhere.
Therefore, the sound view is that this should not be assigned the fixed periods mentioned by the jurists; rather, it should be left to the judge’s independent assessment in each individual case. Four years may be too long, where it is most likely that he died in less time; or, depending on the circumstances, it may be too short. For instance, if a man is swept away and carried off by a valley flood, the apparent indication of his disappearance is that he has perished. According to what the jurists have stated, we would wait four years; but in our time, we would not wait four years, since a helicopter can follow the course of the valley and ascertain what happened. In such matters, the correct view is that they should be referred to the judge’s independent assessment. This differs according to circumstances, times, places, and the causes of the disappearance. Thus, it should not be restricted to four years or ninety years.
His statement, “Then she observes the waiting period for death”: this is four months and ten days.
His statement, “A female slave is like a free woman with respect to waiting, but her waiting period is half that of a free woman”: Why is she like a free woman with respect to waiting? Because the waiting relates to the husband, not to her, since we will search for him. The waiting period, however, relates to her. Accordingly, we say: a female slave is like a free woman with respect to waiting, while her waiting period is half that of a free woman. Her waiting period is therefore two months and five days.
His statement, “She does not require a judge’s ruling in order to set the period and the waiting period for death”: meaning, she does not need to refer the matter to a judge; rather, she herself, when her husband goes missing