MISHNAH: A deaf-mute man who married a hearing woman or a hearing man who married a deaf-mute woman may divorce or stay married at will; just as he marries with sign language so he divorces with sign language. A hearing man who married a hearing woman who then became deaf-mute may divorce or stay married at will. If she became insane he shall not divorce. If he became deaf-mute or insane, he can never divorce.
HALAKHAH: “A deaf-mute who married a hearing woman”, etc. How does he do it 5:8 that he may communicate by lip reading. ? He communicates in sign language and gives her the bill of divorce. In the same way he communicates with others, others communicate with him.
The Mishnah applies if he 24:1 ). The marriage then can be undone only by an act valid by biblical standards, outside the reach of a deaf-mute. became betrothed to her by money. But if he became betrothed to her by copulation, his betrothal is an action but his divorce is not an action.
Rebbi Eleazar asked Rebbi Joḥanan: The wife of a deaf-mute or an insane? He said to him, that does not even need a reparation sacrifice for a possible sin. Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan, Rebbi Hila in the name of Rebbi Eleazar: It does not even need a reparation sacrifice for a possible sin. Since you say, it does not even need a reparation sacrifice for a possible sin; if another man came and gave her qiddušin , they take hold of her. If he divorced, is she permitted to remarry the first [husband]? That is what Rebbi Ḥiyya stated: About the wife of a deaf-mute who after being divorced by the deaf-mute went and married a deaf-mute or a hearing person, I am reading: “Her first husband who sent her away cannot come to take her back.” About the wife of a hearing person who after being divorced went and married a deaf-mute or a hearing person, I am reading: “Her first husband who sent her away cannot … ” If a deaf-mute’s husband went overseas and they came and told his wife, your husband has died, and she went and married a deaf- mute or a hearing person, and then her husband returned, she has to leave both of them. If the husband of a hearing wife went overseas and they came and told her, your husband has died, and she went and married a deaf-mute, and then her hearing [husband] returned, we would think that the deaf-mute should divorce her but the hearing person can keep her. She is still under these disabilities.
“If she became insane he shall not divorce.” In the House of Rebbi Yannai they said, because of the fence 113b s. v. יצתה, Rašba 113b, Roš 14:3, from where all later sources are derived) the reading is גְּרִירָה “towing, dragging”. According to that reading, R. Yannai says that the divorce is rabbinically prohibited because on her own the insane could not defend herself and might be dragged away by any man for sexual abuse. According to the reading of the ms. and editio princeps גְּדֵירָה, R. Yannai asserts only that it is a rabbinic decree that the husband is forbidden to divorce her (cf. Demai Chapter 1, Note 89 for the equality גזירה = גדירה). The cases quoted by R. Nehemiah bar Mar Uqban support the ms. reading unequivocally. In the Babli, 113b , R. Yannai is quoted as author of the statement attributed here to R. Ze‘ira and R. Hila. . Rebbi Ze‘ira and Rebbi Hila both say, because she cannot preserve her bill of divorce 24:1 requires that the divorce document be in the hand of the wife, a wife without a legal hand cannot be divorced. The Babli, 113b , agrees that a bill of divorce that cannot be delivered either to the woman or her representative is inactive. . Rebbi Nehemiah bar Mar Uqban (the son) [in the name], l. c. The reading of the ms. is impossible. of Rebbi Yose explained three cases. If he transgressed and divorced her. According to him who said because of a fence, he divorced. According to him who said because she cannot preserve her bill of divorce, it is forbidden. If she has a son, or a father, or a brother. According to him who said because of a fence, it is forbidden. According to him who said because she cannot preserve her bill of divorce, she has a father and can preserve her bill of divorce. Sometimes she is insane and sometimes of lucid mind. According to him who said because of a fence, it is forbidden. According to him who said because she cannot preserve her bill of divorce, sometimes she can preserve her bill of divorce 1:1 (Notes 52–55 ), Giṭṭin 7:1, fol. 48c; Babli Roš Haššanah 28a ] a sporadically insane person is treated as a normal person in his intervals of lucidity. .
MISHNAH: Rebbi Joḥanan ben Nuri said, why can a deaf-mute woman be divorced but a deaf-mute man cannot divorce? They told him, a divorcing man is not comparable to a divorced woman since a woman can be divorced with or against her will but a man divorces only by his own will. Rebbi Joḥanan ben Gudgada 7:9 , Giṭṭin 5:5 . testified about a deaf-mute girl who was married off by her father that she could be divorced by a bill of divorce. They said to him, that is an example.
HALAKHAH: “Rebbi Joḥanan ben Nuri testified,” etc. Rebbi Ḥananiah asked before Rebbi Hila. The matters seem reasonable for a hearing woman of sound mind, that she is divorced with or without her acquiescence. But a deaf-mute woman who has no will should not be divorced except with her acquiescence. But is it not testimony “that is an example”; does one add to a testimony it is proof that the testimony was checked and found truly to reflect old practice. ? But Rebbi Ḥanania is of the opinion that this deals with a hearing girl who was married off by her father and became deaf-and-dumb. Rebbi Yose is of the opinion that this deals with an underage girl who was married off by her father and became divorced.
Rebbi Joḥanan said, there is nothing to be learned from the beginning, but there is something to be learned from the end. What is there at the beginning? If the deaf-mute [brother] was the husband of the deaf-mute [woman] and the hearing the husband of the hearing. But if the deaf-mute [brother] was the husband of the hearing [woman] and the hearing the husband of the deaf-mute, that should have been stated at the very end.
MISHNAH: Two deaf-mute brothers married to two deaf-mute sisters, or two hearing sisters, or two sisters of whom one is deaf-mute, the other hearing; or two deaf-mute sisters married to two deaf-mute brothers, or two hearing brothers, or two brothers of whom one is deaf-mute, these are free from ḥalîṣah and levirate. If the women are unrelated, they must marry them, and, if they want to, they may send them away if one of the parties at least is deaf-mute, and the two marriages are of equal status, they must marry in levirate. But after the marriage, there is no general obstacle to a divorce. . Two brothers, one deaf-mute and one hearing, married to two hearing sisters. If the deaf-mute married to the hearing wife died, what shall the hearing [brother] married to the hearing wife do? [The widow] has to leave as the wife’s sister. If the hearing [brother] married to the hearing wife died, what shall the deaf-mute married to the hearing wife do? He divorces his wife by a bill of divorce; his brother’s widow is permanently forbidden. .
HALAKHAH: “Two deaf-mute brothers,” etc. What about her co-wife ? Let us hear from the following: If his hearing daughter was married to his deaf-mute brother, her co-wife is free from ḥalîṣah and levirate.
MISHNAH: Two hearing brothers married to two sisters, one deaf-mute and one hearing. If the hearing [brother] married to the deaf-mute wife died, what shall the hearing [brother] married to a hearing wife do? [The widow] has to leave as the wife’s sister. If the hearing [brother] married to the hearing wife died, what shall the hearing [brother] married to the deaf-mute wife do? He removes his wife by a bill of divorce and his brother’s widow by ḥalîṣah .
HALAKHAH: “Two hearing brothers,” etc. What about her co-wife? Let us hear from the following: If his deaf-mute daughter was married to his hearing brother, her co-wife performs ḥalîṣah but not levirate.
MISHNAH: Two brothers, one deaf-mute and one hearing, married to two sisters, one deaf-mute and one hearing. If the deaf-mute [brother] married to the deaf-mute wife died, what shall the hearing [brother] married to a hearing wife do? [The widow] has to leave as the wife’s sister. If the hearing [brother] married to the hearing wife died, what shall the deaf-mute [brother] married to the deaf-mute wife do? He removes his wife by a bill of divorce; his brother’s wife is permanently forbidden. .
HALAKHAH: “Two deaf-mute brothers,” etc. What about her co-wife? Let us hear from the following: If his deaf-mute daughter was married to his deaf-mute brother, her co-wife is free from ḥalîṣah and levirate.
MISHNAH: Two brothers, one deaf-mute and one hearing, married to two unrelated hearing women. If the deaf-mute [brother] married to a hearing wife died, what shall the hearing [brother] married to a hearing wife do? He performs either ḥalîṣah or levirate. If the hearing [brother] married to a hearing wife died, what shall the deaf-mute [brother] married to a hearing wife do? He marries [the widow] and never can divorce her.
HALAKHAH: “Two brothers, one deaf-mute,” etc. May she eat heave? Let us her from the following: “A hearing daughter of an Israel who married a deaf-mute Cohen does not eat heave. If he died and she came before the levir, if he is hearing, she eats, deaf-mute does not eat.”
MISHNAH: Two hearing brothers, married to two unrelated women, one deaf-mute and one hearing. If the hearing [brother] married to the deaf-mute wife died, what shall the hearing [brother] married to a hearing wife do? He marries [the widow]. He may later divorce her since in that she is passive. , and if he wants to divorce, he divorces. If the hearing [brother] married to the hearing wife died, what shall the hearing [brother] married to the deaf-mute wife do? He performs either ḥalîṣah or levirate. Two brothers, one deaf-mute and one hearing, married to two unrelated women, one deaf-mute and one hearing. If the deaf-mute [brother] married to the deaf-mute wife died, what shall the hearing [brother] married to the hearing wife do? He marries, and if he wants to divorce, he divorces. He may later divorce her since in that she is passive. . If the hearing [brother] married to the hearing wife died, what shall the deaf-mute [brother] married to the deaf-mute wife do? He marries and can never divorce.
HALAKHAH: “Two hearing brothers,” etc. “Two brothers, one of them deaf-mute,” etc. May she eat heave? Let us hear from the following: “A hearing daughter of an Israel who became engaged to a hearing Cohen, who did not manage to bring her to the bridal chamber before he became deaf-mute or before she became deaf-mute, does not eat heave. If he died and she came before a levir she eats even if he is deaf-mute. In this He increased the power of the levir over that of the husband since the deaf-mute levir enables her to eat, but the deaf-mute husband does not enable her to eat.”