Soncino English Talmud
Yevamot
Daf 110b
but not submit to halizah! — No, this refers to a woman who was capable of hearing and became deaf afterwards. Come and hear: If two brothers of sound senses were married to two strangers one of whom was of sound senses and the other deaf, and [the brother who was] of sound senses, the husband of the deaf woman, died, what should the [brother who was] of sound senses, the husband of the woman who was of sound senses, do? He marries [the deaf widow], and if he wishes to divorce her he may do so. If [the brother who was] of sound senses, the husband of the woman who was of sound senses, died, what should the [brother who was] of sound senses, the husband of the woman who was deaf, do? He may either submit to halizah or contract levirate marriage. Are we not to assume that as the man was originally of sound senses so was she originally deaf, and nevertheless it was stated that he may only marry her but may not submit to her halizah! — Is this an argument? Each one may bear its own meaning. An objection was raised against him: If two brothers, one of whom was of sound senses and the other deaf, were married to two sisters, one of whom was of sound senses and the other deaf, and the deaf brother, the husband of the deaf sister, died, what should [the brother who was] of sound senses, the husband of [the sister who was] of sound senses, do? — [Nothing, since] the widow is released by virtue of her being [the levir's] wife's sister. If [the brother who was] of sound senses, the husband of [the sister who was] of sound senses, died, what should the deaf brother, the husband of the deaf sister, do? He releases his wife by means of a letter of divorce, while his brother's wife is for ever forbidden [to marry again]! And should you reply that here also [it is a case of a man] who was of sound senses and who became afterwards deaf, is [such a man, it may be retorted], in a position to divorce [his wife]? Surely, we learned: If she became deaf, he may divorce her; if she became insane, he may not divorce her. If he became deaf or insane he may never divorce her. Consequently it must be a case of a man who was originally deaf. And since [the man spoken of] is one who was originally deaf, the woman [spoken of in the same context must] also be one who was originally deaf; and, as the sisters were such as were originally deaf, the strangers also [must be such as were] originally deaf; but in the case of the strangers we learned that [the levir] may only marry but may not submit to halizah! The other remained silent. When he visited R. Joseph, the latter said to him: Why did you raise your objections against him from [teachings] which he could parry by replying that the sisters [spoken of are such as were] originally deaf, and that the strangers [are such as were originally] of sound senses who became deaf afterwards? You should rather have raised your objection against him from the following: If two deaf brothers were married to two sisters who were of sound senses, or to two deaf sisters or to two sisters one of whom was of sound senses and the other deaf; and so also if two deaf sisters were married to two brothers who were of sound senses, or to two deaf brothers, or to two brothers one of whom was of sound senses and the other deaf, behold these women are exempt from levirate marriage and from halizah. If [however the women] were strangers [the respective levirs] must marry them, and if they wish to divorce them, they may do so. Now, how [is this ruling] to be understood? If it be suggested [that it refers to brothers who were first] of sound senses and who became deaf afterwards, could they [it may be asked] divorce [their wives]? Surely, we learned: If he became deaf or insane he may never divorce her! This ruling must consequently refer to [brothers who were] originally deaf; and since they [are such as were] originally deaf, the women [referred to must] also be [such as were] originally deaf; and it was nevertheless taught: 'If [the women, however], Were strangers [the respective levirs] must marry them', they may thus only marry them but may not submit to their halizah. This, then, presents a refutation of Rabbah! — This is indeed a refutation. A MINOR AND A DEAF WOMAN etc. R. Nahman related: I once found R. Adda b. Ahabah and his son-in-law R. Hana sitting in the market place of Pumbeditha and bandying arguments and [in the course of these they] stated: The ruling, [IF A MAN WAS MARRIED TO] A MINOR AND TO A DEAF WOMAN, COHABITATION WITH ONE OF THEM DOES NOT EXEMPT HER RIVAL applies only to a case where [the widows] became subject to him through a brother of his who was of sound senses, since it is not known to us whether he was more pleased with the minor or whether he was more pleased with the deaf woman; 'whether he was more pleased with the minor' because she would [in due course] reach the age of intelligence or 'whether he was more pleased with the deaf woman' because she was fully grown and in a marriageable condition; if [the widows], however, became subject to him through a deaf brother of his, there is no doubt that he was more pleased with the deaf woman, because she was of matrimonial age and of his kind. But I told them: Even if [the widows] became subject to him through a deaf brother of his [the question of his preference still remains] a matter of doubt. How do they obtain redress? — R. Hisda replied in the name of Rab: [The levir] marries the deaf widow and then releases her by a letter of divorce, while the minor waits until she is of age, when she performs halizah. From this, said R. Hisda, it may be inferred that Rab is of the opinion that a deaf wife is partially acquired, [while concerning] a minor [it is a matter of doubt whether] she is [properly] acquired, or not acquired [at all]; for were it to be suggested that concerning a deaf wife [it is uncertain whether] she is acquired or not acquired [at all and that] a minor is partially acquired, [the question would arise] why [should the levir] marry [the deaf widow] and release her by a letter of divorce?
Sefaria
Yevamot 112b · Yevamot 112b · Yevamot 112b · Yevamot 112b · Yevamot 112b
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