💍 Mishnah Yevamot 14

חֵרֵשׁ שֶׁנָּשָׂא פִקַּחַת, וּפִקֵּחַ שֶׁנָּשָׂא חֵרֶשֶׁת, אִם רָצָה יוֹצִיא, וְאִם רָצָה יְקַיֵּם. כְּשֵׁם שֶׁהוּא כוֹנֵס בִּרְמִיזָה, כָּךְ הוּא מוֹצִיא בִרְמִיזָה. פִּקֵּחַ שֶׁנָּשָׂא פִקַּחַת, וְנִתְחָרְשָׁה, אִם רָצָה יוֹצִיא, וְאִם רָצָה יְקַיֵּם. נִשְׁתַּטֵּית, לֹא יוֹצִיא. נִתְחָרֵשׁ הוּא אוֹ נִשְׁתַּטָּה, אֵינוֹ מוֹצִיא עוֹלָמִית. אָמַר רַבִּי יוֹחָנָן בֶּן נוּרִי, מִפְּנֵי מָה הָאִשָּׁה שֶׁנִּתְחָרְשָׁה יוֹצְאָה, וְהָאִישׁ שֶׁנִּתְחָרֵשׁ אֵינוֹ מוֹצִיא. אָמְרוּ לוֹ, אֵינוֹ דוֹמֶה הָאִישׁ הַמְגָרֵשׁ לְאִשָּׁה מִתְגָּרֶשֶׁת, שֶׁהָאִשָּׁה יוֹצְאָה לִרְצוֹנָהּ וְשֶׁלֹּא לִרְצוֹנָהּ, וְהָאִישׁ אֵינוֹ מוֹצִיא אֶלָּא לִרְצוֹנוֹ:

With regard to a deaf-mute who married a halakhically competent woman, and a halakhically competent man who married a deaf-mute: If either man wants to divorce his wife, he may divorce her, and if he wants to maintain her as his wife, he may maintain her. The reason why a deaf-mute man can divorce his wife is that just as he marries her by intimation, i.e., his marriage is not performed by explicit speech, as deaf-mutes rely on gestures, so too, he divorces her by intimation. Likewise, in the case of a halakhically competent man who married a halakhically competent woman, and she later became a deaf-mute: If he wants to divorce his wife, he may divorce her, as a wife does not have to have intellectual capacity to receive a bill of divorce, and if he wants to maintain her as his wife, he may maintain her. If she became an imbecile, he may not divorce her, i.e., a bill of divorce is ineffective in this case. If he became a deaf-mute or an imbecile after they were married, he may never divorce her, as he does not have the legal competence to give a bill of divorce. Rabbi Yoḥanan ben Nuri said: For what reason is the halakha that in the case of the woman who becomes a deaf-mute, her husband may divorce her, but in the case of the man who becomes a deaf-mute, he may not divorce his wife? If the bill of divorce written by someone who formerly possessed all his senses and later became a deaf-mute is invalid, it stands to reason that it should not be valid when she becomes a deaf-mute either. They said to him: The man who divorces his wife is not similar to the woman who is divorced, as the woman is divorced whether she is willing or unwilling. Since the woman’s consent is not required, she may be divorced even if she is a deaf-mute. And, conversely, the man divorces his wife only willingly, and therefore the bill of divorce of a deaf-mute, who is not legally competent, is ineffective.

הֵעִיד רַבִּי יוֹחָנָן בֶּן גֻּדְגְּדָה עַל הַחֵרֶשֶׁת שֶׁהִשִּׂיאָהּ אָבִיהָ, שֶׁהִיא יוֹצְאָה בְגֵט. אָמְרוּ לוֹ, אַף זוֹ כַיּוֹצֵא בָהּ:

Rabbi Yoḥanan ben Gudgada testified with regard to a female deaf-mute whose father married her off when she was a minor, which means her marriage was valid by Torah law, that she can be divorced with a bill of divorce even when she matures and is no longer under her father’s authority, despite the fact that she is not legally competent. They said to him: This woman, too, has a similar status. In other words, a woman who possessed all her faculties and later became a deaf-mute is comparable to a minor whose marriage was valid by Torah law and later, when she matured and was no longer under the authority of her father, received a bill of divorce. Both of these women can receive a bill of divorce, in accordance with the principle stated in the previous paragraph.

שְׁנֵי אַחִים חֵרְשִׁים, נְשׂוּאִים לִשְׁתֵּי אֲחָיוֹת חֵרְשׁוֹת, אוֹ לִשְׁתֵּי אֲחָיוֹת פִּקְחוֹת, אוֹ לִשְׁתֵּי אֲחָיוֹת, אַחַת חֵרֶשֶׁת וְאַחַת פִּקַּחַת, אוֹ שְׁתֵּי אֲחָיוֹת חֵרְשׁוֹת נְשׂוּאוֹת לִשְׁנֵי אַחִים פִּקְחִים, אוֹ לִשְׁנֵי אַחִים חֵרְשִׁין אוֹ לִשְׁנֵי אַחִין, אֶחָד חֵרֵשׁ וְאֶחָד פִּקֵּחַ, הֲרֵי אֵלּוּ פְטוּרוֹת מִן הַחֲלִיצָה וּמִן הַיִּבּוּם. וְאִם הָיוּ נָכְרִיּוֹת, יִכְנֹסוּ, וְאִם רָצוּ לְהוֹצִיא, יוֹצִיאוּ:

The mishna continues: In a case where there were two deaf-mute brothers married to two deaf-mute sisters or to two halakhically competent sisters, or to two sisters, one of whom was a deaf-mute and the other one halakhically competent; or in a case where there were two deaf-mute sisters married to two halakhically competent brothers or to two deaf-mute brothers or to two brothers, one of whom was a deaf-mute and the other one halakhically competent, all these women are exempt from ḥalitza and from levirate marriage. Each of them is forbidden to her yavam because he is married to her sister. And if they were unrelated women, i.e., the women are not sisters, the men may marry them in levirate marriage, and if they want to divorce them later, they may divorce them.

שְׁנֵי אַחִים, אֶחָד חֵרֵשׁ וְאֶחָד פִּקֵּחַ, נְשׂוּאִים לִשְׁתֵּי אֲחָיוֹת פִּקְחוֹת, מֵת חֵרֵשׁ בַּעַל הַפִּקַּחַת, מַה יַּעֲשֶׂה פִקֵּחַ בַּעַל הַפִּקַּחַת, תֵּצֵא מִשּׁוּם אֲחוֹת אִשָּׁה. מֵת פִּקֵּחַ בַּעַל הַפִּקַּחַת, מַה יַּעֲשֶׂה חֵרֵשׁ בַּעַל פִּקַּחַת, מוֹצִיא אִשְׁתּוֹ בְגֵט, וְאֵשֶׁת אָחִיו אֲסוּרָה לְעוֹלָם.

However, if two brothers, one of whom is a deaf-mute and other one halakhically competent, were married to two halakhically competent sisters, and the deaf-mute married to the halakhically competent sister died, what should the halakhically competent brother married to the halakhically competent sister do? His brother’s wife is released without levirate marriage or ḥalitza, due to the prohibition with regard to a wife’s sister. If the halakhically competent brother married to the halakhically competent sister died, what should the deaf-mute brother married to the halakhically competent sister do? He divorces his wife with a bill of divorce, as his wife’s sister came before him for levirate marriage by Torah law, and the legal status of her marriage and her levirate marriage is higher than his own marriage, which applies only by rabbinic law. And his brother’s wife is forbidden to him forever, and there is no remedy for her. He cannot marry her, as by rabbinic law she is the sister of his ex-wife, nor can he exempt her by means of ḥalitza, as he is a deaf-mute.

שְׁנֵי אַחִים פִּקְחִים נְשׂוּאִים לִשְׁתֵּי אֲחָיוֹת, אַחַת חֵרֶשֶׁת וְאַחַת פִּקַּחַת, מֵת פִּקֵּחַ בַּעַל חֵרֶשֶׁת, מַה יַּעֲשֶׂה פִקֵּחַ בַּעַל פִּקַּחַת, תֵּצֵא מִשּׁוּם אֲחוֹת אִשָּׁה. מֵת פִּקֵּחַ בַּעַל פִּקַּחַת, מַה יַּעֲשֶׂה פִקֵּחַ בַּעַל הַחֵרֶשֶׁת, מוֹצִיא אֶת אִשְׁתּוֹ בְגֵט, וְאֶת אֵשֶׁת אָחִיו בַּחֲלִיצָה.

If two halakhically competent brothers were married to two sisters, one of whom is a deaf-mute and the other one halakhically competent, and the halakhically competent brother married to the deaf-mute sister died, what should the halakhically competent brother married to the halakhically competent sister do? The deaf-mute sister is released due to the prohibition with regard to a wife’s sister. If the halakhically competent brother married to the halakhically competent sister died, what should the halakhically competent brother married to the deaf-mute sister do? He divorces his wife with a bill of divorce, as the halakhically competent sister came before him for levirate marriage, and the status of her levirate bond is higher than the status of his marriage to his wife, a deaf-mute. And he releases his brother’s wife, who is not a deaf-mute, by means of ḥalitza, as they are both legally competent and can therefore perform ḥalitza.

שְׁנֵי אַחִים, אֶחָד חֵרֵשׁ וְאֶחָד פִּקֵּחַ, נְשׂוּאִים לִשְׁתֵּי אֲחָיוֹת, אַחַת חֵרֶשֶׁת וְאַחַת פִּקַּחַת, מֵת חֵרֵשׁ בַּעַל חֵרֶשֶׁת, מַה יַּעֲשֶׂה פִקֵּחַ בַּעַל פִּקַּחַת, תֵּצֵא מִשּׁוּם אֲחוֹת אִשָּׁה. מֵת פִּקֵּחַ בַּעַל פִּקַּחַת, מַה יַּעֲשֶׂה חֵרֵשׁ בַּעַל חֵרֶשֶׁת, מוֹצִיא אִשְׁתּוֹ בְגֵט, וְאֵשֶׁת אָחִיו אֲסוּרָה לְעוֹלָם.

If two brothers, one of whom is a deaf-mute and the other one halakhically competent, were married to two sisters, one of whom is a deaf-mute and the other one halakhically competent, and the deaf-mute brother married to the deaf-mute sister died, what should the halakhically competent brother married to the halakhically competent sister do? The deaf-mute woman is released due to the prohibition with regard to a wife’s sister. If the halakhically competent brother married to the halakhically competent sister died, what should the deaf-mute brother married to the deaf-mute sister do? He divorces his wife with a bill of divorce, which is as valid as their original marriage. And his brother’s wife is forbidden to him forever. There is no remedy for her, as he may not consummate levirate marriage with her because she is the sister of his ex-wife by rabbinic law, and he cannot perform ḥalitza with her either, as he is a deaf-mute.

שְׁנֵי אַחִים, אֶחָד חֵרֵשׁ וְאֶחָד פִּקֵּחַ, נְשׂוּאִים לִשְׁתֵּי נָכְרִיּוֹת פִּקְחוֹת, מֵת חֵרֵשׁ בַּעַל פִּקַּחַת, מַה יַּעֲשֶׂה פִקֵּחַ בַּעַל פִּקַּחַת, אוֹ חוֹלֵץ אוֹ מְיַבֵּם. מֵת פִּקֵּחַ בַּעַל פִּקַּחַת, מַה יַעֲשֶׂה חֵרֵשׁ בַּעַל פִּקַּחַת, כּוֹנֵס, וְאֵינוֹ מוֹצִיא לְעוֹלָם.

If two brothers, one of whom is a deaf-mute and the other one halakhically competent, were married to two unrelated, halakhically competent women, and the deaf-mute married to the halakhically competent woman died, what should the halakhically competent brother married to the halakhically competent woman do? He either performs ḥalitza or enters into levirate marriage. If the halakhically competent brother married to the halakhically competent woman died, what should the deaf-mute brother married to the other halakhically competent woman do? He cannot perform ḥalitza with her, as he is a deaf-mute. Rather, he marries her, and he may never divorce her, as sexual intercourse between a yavam and his yevama creates a valid marriage that cannot be broken by the bill of divorce of a deaf-mute.

שְׁנֵי אַחִים פִּקְחִים נְשׂוּאִים לִשְׁתֵּי נָכְרִיּוֹת, אַחַת פִּקַּחַת וְאַחַת חֵרֶשֶׁת, מֵת פִּקֵּחַ בַּעַל חֵרֶשֶׁת, מַה יַּעֲשֶׂה פִקֵּחַ בַּעַל פִּקַּחַת, כּוֹנֵס. וְאִם רָצָה לְהוֹצִיא, יוֹצִיא. מֵת פִּקֵּחַ בַּעַל הַפִּקַּחַת, מַה יַּעֲשֶׂה פִקֵּחַ בַּעַל חֵרֶשֶׁת, אוֹ חוֹלֵץ אוֹ מְיַבֵּם.

If two halakhically competent brothers were married to two unrelated women, one of whom is halakhically competent and the other one a deaf-mute, and the halakhically competent brother married to the deaf-mute woman died, what should the halakhically competent brother married to the halakhically competent woman do? The brother cannot perform ḥalitza with her, as she is a deaf-mute. Rather, he marries the deaf-mute, and if he wishes to divorce her, he may subsequently divorce her with a bill of divorce. If the halakhically competent brother married to the halakhically competent sister died, what should the halakhically competent brother married to the deaf-mute do? Either he performs ḥalitza or he enters into levirate marriage.

שְׁנֵי אַחִים, אֶחָד חֵרֵשׁ וְאֶחָד פִּקֵּחַ, נְשׂוּאִים לִשְׁתֵּי ��ָכְרִיּוֹת, אַחַת חֵרֶשֶׁת וְאַחַת פִּקַּחַת, מֵת חֵרֵשׁ בַּעַל חֵרֶשֶׁת, מַה יַּעֲשֶׂה פִקֵּחַ בַּעַל פִּקַּחַת, כּוֹנֵס. וְאִם רָצָה לְהוֹצִיא, יוֹצִיא. מֵת פִּקֵּחַ בַּעַל פִּקַּחַת, מַה יַּעֲשֶׂה חֵרֵשׁ בַּעַל חֵרֶשֶׁת, כּוֹנֵס, וְאֵינוֹ מוֹצִיא לְעוֹלָם:

If two brothers, one of whom is a deaf-mute and the other one halakhically competent, were married to two unrelated women, one of whom is a deaf-mute and the other one halakhically competent, and the deaf-mute brother who was married to the deaf-mute woman died, what should the halakhically competent brother married to the halakhically competent woman do? He may marry her if he desires the deaf-mute woman, and if he wishes afterward to divorce her, he may divorce her. If the halakhically competent brother married to the halakhically competent woman died, what should the deaf-mute brother married to the deaf-mute woman do? He marries his yevama and may never divorce her, as he does not have the legal capacity to end a valid marriage.