Torah Community Connections

Week 58 - Tuesday - 2 January 2001

YEVAMOT: CHAPTER 14: MISHNAH 7

If two brothers, one a deaf-mute and one of sound senses, are married to two unrelated women of sound senses; and the male 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? Either he submits to halitzah or he marries by yibum. If the man of sound senses, husband of the woman of sound senses, died, what shall the male deaf-mute, husband of the woman of sound senses, do? He weds, and may never send her away.

Kehati

If two brothers, one a deaf-mute and one of sound senses are married to two unrelated women of sound senses -- women of sound senses who are not sisters, and the male deaf-mute, husband of the woman of sound senses -- whose marriage is not fully valid, died -- 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 -- whose marriage is fully valid, while his yevamah's yibum tie to him is only binding by Rabbinic law, do? Either he submits to halitzah or he married by yibum -- as the law prescribes for any yevamah.

If the man of sound senses, husband of the woman of sound senses, died -- and his wife requires yibum from his deaf-mute brother, what shall the male deaf-mute, husband of the woman of sound senses do? He weds -- his yevamah, and he may never send her away -- for his bill of divorce, which is by Rabbinic law, cannot cancel his yevamah's yibum tie to him, which is by Torah law; and since he is a deaf-mute he cannot submit to halitzah.

YEVAMOT: CHAPTER 14: MISHNAH 8

If two brothers of sound senses are married to two unrelated women, one of sound senses and one a deaf-mute; and the man of sound senses, husband of the female deaf-mute, died, what shall the man of sound senses, husband of the woman of sound senses, do? He weds, and if he wants to send her away -- he sends her. If the man of sound senses, husband of the woman of sound senses, died, what shall the man of sound senses, husband of the female deaf-mute, do? Either he submits to halitzah or he marries by yibum.

Kehati

If two brothers of sound senses are married to two unrelated women, one of sound senses and one a deaf-mute; the man of sound senses, husband of the female deaf-mute, died -- and his wife came before his brother, husband of the woman of sound senses for yibum,

What shall the man of sound senses, husband of the woman of sound senses, do? He weds -- his yevamah and does not submit to halitzah from her, since the law of halitzah does not apply to a female deaf-mute, and if he wants to send her away -- he sends her away -- with a bill of divorce, after marrying her by yibum.

If the man of sound senses, husband of the woman of sound senses, died -- and his wife came before his brother for yibum, what shall the man of sound senses, husband of the female deaf-mute, do? Either he submits to halitzah or he marries by yibum -- for he is of sound senses and his yevamah is of sound senses.

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