Chapter XIV

Eighteen Treatises from the Mishna, by D. A. Sola and M. J. Raphall, [1843], at sacred-texts.com

CHAPTER XIV.

§ 1. When a deaf and dumb man marries a sound ¹ woman, or a sound man marries a deaf and dumb woman, he may either divorce his wife or keep her, and even as he married her by certain signs [made before witnesses] thus may he divorce her in the same manner. A sound man who had married a sound woman, who afterwards became deaf and dumb, may either divorce or keep her as he pleases, but if she became afflicted with madness, he is not at liberty to divorce her. Should he become deaf and dumb, or mad, he may not divorce her at all. R. Jochanan ben Noori asked, "Why may a woman who became deaf and dumb be divorced, and a husband who thus became affected may not divorce his wife?" They [the sages] replied unto him, "Because there is a material difference in this respect between the two parties, for a woman may be divorced with or without her consent, but the man's consent is necessary to render a divorce valid."

§ 2. R. Jochanan ben Gudgodah testified [to have been taught], "That a deaf and dumb female, who, in her minority, had been disposed of in marriage by her father, may be divorced by the delivery of a Get to her." They [the sages] said unto him, "This also is applicable to the case where the loss of hearing and speech occurs after marriage."

§ 3. When two brothers who are deaf and dumb are married to two women in the same state, who are sisters to each other, or to two sisters who are sound, or that one is sound and the other deaf and dumb, or two deaf and dumb sisters married to two brothers who are sound, or to two brothers who are thus afflicted, or that one of

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the brothers is deaf and dumb, and the other sound, then in all the mentioned cases the sisters are released from the obligation of Yeboom and of Chalitzah. When the deaf and dumb females are not related to each other, the surviving brother must marry the widow by Yeboom, ² but may divorce them afterwards. ³

§ 4. If two brothers, one of whom is deaf and dumb, and the other not so, should marry two sound women, and the deaf and dumb husband dies, what must the [surviving] sound brother who had married the sound sister do? [Nothing] because his brother's widow is free from Yeboom, as sister of his wife. If the sound man married to the sound woman die, what must the surviving deaf and dumb brother married to the sound sister do? He must separate from his wife by a Get, and his brother's widow will be for ever prohibited to re-marry. ⁴

§ 5. When two sound brothers are married to two sisters, one of whom is deaf and dumb, and the other sound; when the sound man married to the deaf and dumb woman dies first, what must the [surviving] sound man married to the sound sister do? [Nothing] because the widow is released as being his wife's sister. When the sound man married to the sound sister dies first, what must the [surviving] sound brother married to the deaf and dumb sister do? He must separate from his wife by a Get, and from his sister-in-law by Chalitzah.

§ 6. When two brothers, one of whom is deaf and dumb, and the other sound, are married to two sisters, one of whom is deaf and dumb, and the other sound, if the deaf and dumb husband of the deaf and dumb woman die first, what must the sound husband of the sound woman do? [Nothing] because the widow is released as his wife's sister. If the sound husband of the sound woman die first, what must the deaf and dumb husband of the deaf and dumb woman do? He must separate from his wife by a Get, and his brother's widow is for ever prohibited to re-marry.

§ 7. When two brothers, one of whom is deaf and dumb, and the other sound, are married to two sound women not related to each

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other, and the deaf and dumb husband of the sound woman dies first, what must the [surviving] husband of the sound woman do? He must either receive Chalitzah of his brother's relict, or must marry her by Yeboom. If the sound brother, husband of the sound woman, happen to die first, what must the [surviving] deaf and dumb brother, husband of the sound woman do? He must marry her, but has not the power ever to divorce her.

§ 8. When two sound brothers are married to two women not related to each other, one of whom is sound, and the other deaf and dumb, when the sound husband of the deaf and dumb woman dies first, what must the sound husband of the sound woman do? He must either marry his brother's relict, or divorce her as he pleases. When the sound husband of the sound woman dies first, what must the sound husband of the deaf and dumb woman do? He must either receive Chalitzah from his brother's relict, or must marry her by Yeboom.

§ 9. When two brothers, one of whom is deaf and dumb, and the other sound, are married to two women not related to each other, one of whom is deaf and dumb, and the other sound, should the deaf and dumb husband of the deaf and dumb woman die first, what must the sound husband of the sound woman do? He must marry his brother's relict by Yeboom, but may divorce her afterwards. When the sound husband of the sound woman dies first, the deaf and dumb husband of the deaf and dumb woman must marry her without being at liberty to divorce her.

Footnotes

231:1 Observe, that wherever in this chapter the word "sound" is mentioned, as applied to either man or woman, it signifies a person who is in possession of the faculties of hearing and speech.

232:2 He cannot receive Chalitzah from her, as that ceremony can only be performed by persons who are in possession of their faculties of hearing and speech.

232:3 By giving her Get, which he may do by signs or gestures, indicative of his assent.

232:4 For the brother-in-law can as a deaf and dumb person not receive Chalitzah from her.