Parallel
יבמות 111:1
Soncino English Talmud · Berean Standard Bible
Let her continue to live with him in any case. For if [a deaf woman] is acquired then she is of course acquired, and if she is not acquired, then she is a mere stranger. And should you argue, 'why should the minor wait until she grows up and then performs halizah? Let her continue to live with him [for the same reason that] if she is [properly] acquired then she is of course acquired, and if she is not acquired, then she is a mere stranger'; if so [it could be retorted] whereby should the deaf [widow] be released! R. Shesheth said: Logical deduction leads also to the interpretation R. Hisda imparted to Rab's ruling. For it was taught: If two brothers were married to two orphan sisters, a minor and a deaf woman, and the husband of the minor died, the deaf widow is released by means of a letter of divorce while the minor waits until she is of age, when she performs halizah. If the husband of the deaf woman dies, the minor is released by a letter of divorce while the deaf widow is forever forbidden [to marry again]. If, however, he cohabited with the deaf widow he must give her a letter of divorce and she becomes permitted [to marry any other man]. Now, if you grant that a deaf wife is partially acquired [and that concerning] a minor [it is doubtful whether] she is [fully] acquired or not acquired [at all], one can well see the reason why when he cohabited with the deaf widow he gives her a letter of divorce and she becomes permitted [to marry any other man]. For you may rightly claim that in any case [she becomes permitted]. If the minor is acquired, [the deaf widow] is rightly released as his wife's sister; and if she is not acquired [at all] he has quite lawfully contracted with her the levirate marriage. If you contend, however, [that concerning] a deaf woman [it is doubtful whether] she is acquired or not acquired [at all], and that a minor is partially acquired, [the difficulty arises] why should the deaf widow, if he cohabited with her and gave her a letter of divorce, be permitted [to marry again] when the cohabitation with her was unlawful, and an unlawful cohabitation does not release a woman? — It is possible that this statement represents the view of R. Nehemiah who ruled that an unlawful cohabitation exempts [a widow] from halizah. If [this statement represents the view of] R. Nehemiah read the final clause: 'If a man was married to two orphans, one of whom was a minor and the other deaf, and died 'and the levir cohabited with the minor and then cohabited with the deaf widow, or a brother of his cohabited with the deaf widow, both are forbidden to him. How do they obtain redress? The deaf woman is released by a letter of divorce while the minor waits until she is of age 'when she performs halizah'. Now, if you grant that a deaf wife is partially acquired [and that concerning] a minor [it is doubtful whether she is fully] acquired or not acquired [at all], and [that the opinion in this statement] is that of the Rabbis, one can well understand the reason why 'the minor waits until she is of age, when she performs halizah', since [otherwise] he might cohabit with the deaf widow first, and the [subsequent] cohabitation with the minor would [thereby] be rendered an unlawful cohabitation. If you contend, however, [that the opinion in the statement is that of] R. Nehemiah, surely he [it may be objected] ruled that an unlawful cohabitation does exempt! Consequently it must be concluded [that the opinion in the statement is that of] the Rabbis. Our point is thus proved. R. Ashi said: From the first clause also it may be inferred that [the opinion expressed] is that of the Rabbis. For it was stated, 'If, however, he cohabited with the deaf widow he must give her a letter of divorce and she becomes permitted [to marry any other man]', but it was not stated, 'If he cohabited with the minor, he must give her a letter of divorce and she becomes permitted'! — If this is all, there is not much force in the argument; since in respect of the deaf widow for whom no lawful redress is possible mention had to be made of redress obtained through a forbidden act, but concerning a minor, for whom lawful redress is possible, no redress obtainable through a forbidden act was mentioned. MISHNAH. IF A MAN WHO WAS MARRIED TO TWO ORPHANS WHO WERE MINORS DIED, AND THE LEVIR COHABITED WITH ONE, AND THEN HE ALSO COHABITED WITH THE OTHER, OR A BROTHER OF HIS COHABITED WITH THE OTHER,
—