Torah Community Connections

Week 58 - Sunday-31 December 2000

YEVAMOT: CHAPTER 14: MISHNAH 3

If two deaf-mute brothers are married to two deaf-mute sisters, or to two sisters of sound senses, or to two sisters, one a deaf-mute and one of sound senses; or two deaf-mute sisters are married to two brothers of sound senses, or to two deaf-mute brothers, or to two brothers, one a deaf-mute and one of sound senses -- then these women are exempt from halitzah and from yibum. And if they were unrelated -- they wed, and if they want to send away -- they send away.

Kehati

If two deaf-mute brothers are married to two deaf-mute sisters, or to two sisters of sound senses, or to two sisters, one of whom is a deaf-mute and one of whom is of sound senses; or two deaf-mute sisters are married to two brothers of sound senses, or to two deaf-mute brothers, -- this is the same example as in the first section of the mishnah: "If two deaf-mute brothers are married to two deaf-mute sisters;" it is repeated in order to complete all the examples in the second section of the mishnah, as in the first section, or to two brothers, one of whom is a deaf-mute and one of whom is of sound senses -- in all these cases, if one of the brothers died childless,

Then these women are exempt from halitzah and from yibum -- since the two brothers are deaf-mutes, or the two sisters are deaf-mutes, the marriages of both of them are equivalent, i.e., they are binding only by Rabbinic law; therefore the marriage of the wife of the yavam cuts the yibum tie of his yevamah on account of being his wife's sister, since the yibum tie of his yevamah, also, is only binding by Rabbinic law.

And if they -- the two wives were unrelated -- and not sisters, they wed -- if one of the brothers died childless, the other marries the wife of his dead brother by yibum; but he does not submit to halitzah from her, for the law of halitzah does not apply to a male deaf-mute or to a female deaf-mute, as has been taught: "If a male deaf-mute was subjected to halitzah, or a female deaf-mute performed halitzah, their halitzah is invalid" (12:4, above), and if they want to send away -- the yevamah, they send away -- with a bill of divorce, after the yibum, since the bill of divorce given by signs cancels his marriage which is based on the yibum tie caused by the death of his brother, for this marriage also was effected by signs, as taught above (mishnah 1).

YEVAMOT: CHAPTER 14: MISHNAH 4

If two brothers, one a deaf-mute and one of sound senses, are married to two sisters of sound senses, and the deaf-mute husband of the woman of sound senses died, what shall the man of sound senses, husband of the woman of sound senses do? She is exempt on account of being his wife's sister. If the man of sound senses, husband of the woman of sound senses, died, what shall the deaf-mute, husband of the woman of sound senses, do? He sends away his wife with a bill of divorce, and his brother's wife is prohibited forever.

Kehati

This and the following five mishnayot (4-9), are one mishnah in most editions; however, we have followed the calendar of the "Daily Mishnah" program, which divides this mishnah into six mishnayot.

If two brothers, one a deaf-mute and one of sound senses, are married to two sisters of sound senses and the deaf-mute husband of the woman of sound senses died -- his marriage was not a fully valid marriage, and his wife came before his brother of sound senses, for yibum, what shall the man of sound senses, husband of the woman of sound senses do -- whose wife of sound senses is the sister of his yevamah?

She -- the yevamah, is exempt -- from yibum and halitzah, on account of being his wife's sister -- since the marriage of the man of sound senses is a fully valid marriage, and thus that the yevamah is prohibited to him as his wife's sister.

If the man of sound senses, husband of the woman of sound senses, died -- and his wife came before his deaf-mute brother for yibum, and her yibum tie to him is binding by Torah law, what shall the male deaf-mute, husband of the woman of sound senses, do -- since his wife is the sister of his yevamah, but her marriage is only valid by Rabbinic law?

He sends away his wife with a bill of divorce -- for her sister's yibum tie, caused by a marriage binding by Torah law, prohibits his wife to the yavam as the sister of the woman tied to him, and his marriage, which is valid only by Rabbinic law, does not have the power to reject the yevamah under the prohibition of his wife's sister, and his brother's wife -- the yevamah, is prohibited forever -- to any man, since the male deaf-mute cannot submit to halitzah from her, since the halitzah of a male deaf-mute is invalid; he is also prohibited from performing yibum to her, for his wife's marriage prohibits her to him as his wife's sister, by Rabbinic law.

Return to Mishna Yomit Index

Visit the Mishna Yomit Archives