שולחן ערוך אבן העזר · סימן קע״א

English

A man who was married to an orphan of minor age (note: who was married off by her brother or mother, and whose marriage is valid by Rabbinical decree) and a deaf woman (whose marriage is also only valid by Rabbinical ruling) and he died, and the women have fallen to his brother for possible levirate marriage, consummation of levirate marriage with one of these (Rabbinically married) women does not free her co-wife from levirate bonds. What is their resolution? We instruct the minor to reject him (annul the marriage), and the brother marries the deaf woman. If he wants to divorce her, he writes a divorce after consummating the marriage, and she is then permitted to a stranger.

English

If both wives were deaf or both were minors, consummation of levirate marriage with one frees her co-wife [from levirate bonds].

English

If one wife was of majority age, and the other was a minor, consummation of levirate marriage or chalitza (ceremony severing the levirate bond) with the adult wife frees the minor [from levirate bond], but consummation of levirate marriage with the minor does not free the adult wife.

English

If one wife was wise (of sound mind), and the other wife was deaf, consummation of levirate marriage or chalitza with the wise wife frees the deaf wife from levirate bond, but consummation of levirate marriage with the deaf wife does not free the wise wife.

English

If both [wives] were minors, and the living brother consummated levirate marriage with one of them, and then he or another brother had sexual relations with the second [minor wife], this did not invalidate the levirate marriage of the first, but he is forbidden to stay with the second. Therefore we instruct the second to reject (annul) her marriage, and he upholds marriage with the first.

English

Similarly, if both were deaf, sexual relations with the second woman do not invalidate [the levirate marriage to] the first; the second woman is forbidden to him, and he should divorce her with a get.

English

A minor girl and a deaf girl, when the levir first has relations with the minor and then he or his brother has relations with the deaf girl, he has not disqualified the minor, and the deaf girl requires a get. For relations with a minor is has greater legal consequences than relations with a deaf girl, for the minor will be fit for marriage after some time. Therefore, he should uphold the minor who had relations first.

English

If he had relations with the deaf girl, and then he or his brother had relations with the minor, he has disqualified the deaf girl. And we should instruct the minor to refuse marriage, and then he divorces the deaf girl through a get. This is the opinion of the Rambam, but others disagree with him, as is explicit in the Tur and the Nimukei Yosef, ch. Bet Shammai.

English

One was a girl of sound senses and the other deaf, if the levir had relations with the girl of sound senses first, and then he or his brother had relations with the deaf girl, he has not disqualified the girl of sounds senses, but the deaf girl requires a get. If the levir had relations with the deaf girl first, and then he or his brother had relations with the girl of sound senses, he has disqualified the deaf girl. And the deaf girl goes out with a get, and the girl of sound senses [goes out] with a get and halitzah.

English

If one was of majority age and one was a minor, and he had relations with the adult, and afterwards he or his brother had relations with the minor, he has not disqualified the adult, and they instruct the minor that she should reject her marriage. If he had relations with the minor, and afterwards he or his brother had relations with the adult, they instruct the minor that she should reject her marriage, and he upholds marriage with the adult.