Talmud Yerushalmi
Yerushalmi Yevamot 14:3 ירושלמי יבמות י״ד:ג׳
Part of: Chapter 14
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משנה: שְׁנֵי אַחִים חֵרְשִׁים נְשׂוּאִים לִשְׁתֵּי אֲחָיוֹת חֵרְשׁוֹת אוֹ לִשְׁתֵּי אֲחָיוֹת פִּקְחוֹת אוֹ לִשְׁתֵּי אֲחָיוֹת אַחַת חֵרֶשֶׁת וְאַחַת פִּיקַּחַת אוֹ שְׁתֵּי אֲחָיוֹת חֵרְשׁוֹת נְשׂוּאוֹת לִשְׁנֵי אַחִין פִּיקְחִין לִשְׁנֵי אַחִין חֵרְשִׁין לִשְׁנֵי אַחִין אֶחָד חֵרֵשׁ וְאֶחָד פִּיקֵּחַ. הֲרֵי אֵילּוּ פְטוּרִין מִן הַחֲלִיצָה וּמִן הַיִיבּוּם. וְאִם הָיוּ נָכְרִיּוֹת יִכְנוֹסוּ וְאִם רָצוּ לְהוֹצִיא יוֹצִיאוּ. שְׁנֵי אַחִין אֶחָד חֵרֵשׁ וְאֶחָד פִּיקֵּחַ נְשׂוּאִין לִשְׁתֵּי אֲחָיוֹת פִּקְחוֹת מֵת חֵרֵשׁ בַּעַל הַפִּיקַּחַת מַה יַעֲשֶׂה פִּיקֵּחַ בַּעַל הַפִּקַּחַת תֵּצֵא מִשּׁוּם אֲחוֹת אִשָּׁה. מֵת פִּקֵּחַ בַּעַל הַפִּקַּחַת מַה יַעֲשֶׂה חֵרֵשׁ בַּעַל הַפִּקַּחַת מוֹצִיא אִשְׁתּוֹ בְגְט וְאֶשֶׁת אָחִיו אֲסוּרָה לְעוֹלָם.
MISHNAH: Two deaf-mute brothers married to two deaf-mute sisters, or two hearing sisters, or two sisters of whom one is deaf-mute, the other hearing; or two deaf-mute sisters married to two deaf-mute brothers, or two hearing brothers, or two brothers of whom one is deaf-mute, these are free from ḥalîṣah and levirate30A sister cannot become the co-wife of a sister, Mishnah 1:1.. If the women are unrelated, they must marry them, and, if they want to, they may send them away31Since they cannot perform a valid ḥalîṣah if one of the parties at least is deaf-mute, and the two marriages are of equal status, they must marry in levirate. But after the marriage, there is no general obstacle to a divorce..
Two brothers, one deaf-mute and one hearing, married to two hearing sisters. If the deaf-mute married to the hearing wife died, what shall the hearing [brother] married to the hearing wife do? [The widow] has to leave as the wife’s sister. If the hearing [brother] married to the hearing wife died, what shall the deaf-mute married to the hearing wife do? He divorces his wife by a bill of divorce; his brother’s widow is permanently forbidden34The widow was married by biblical standards. She now is a candidate for levirate with the deaf- mute brother by biblical standards. Her biblical claim to the levir is stronger than the rabbinic claim of her deaf-mute sister. Therefore, from the moment of the hearing brother’s death, the deaf-mute sister is forbidden to her husband as sister of a quasi-wife. The widow herself cannot be helped. She cannot be married in levirate since her levir is incapable of marrying by biblical standards. She cannot be freed to marry another man since her levir is incapable of performing ḥalîṣah..
MISHNAH: Two deaf-mute brothers married to two deaf-mute sisters, or two hearing sisters, or two sisters of whom one is deaf-mute, the other hearing; or two deaf-mute sisters married to two deaf-mute brothers, or two hearing brothers, or two brothers of whom one is deaf-mute, these are free from ḥalîṣah and levirate30A sister cannot become the co-wife of a sister, Mishnah 1:1.. If the women are unrelated, they must marry them, and, if they want to, they may send them away31Since they cannot perform a valid ḥalîṣah if one of the parties at least is deaf-mute, and the two marriages are of equal status, they must marry in levirate. But after the marriage, there is no general obstacle to a divorce..
Two brothers, one deaf-mute and one hearing, married to two hearing sisters. If the deaf-mute married to the hearing wife died, what shall the hearing [brother] married to the hearing wife do? [The widow] has to leave as the wife’s sister. If the hearing [brother] married to the hearing wife died, what shall the deaf-mute married to the hearing wife do? He divorces his wife by a bill of divorce; his brother’s widow is permanently forbidden34The widow was married by biblical standards. She now is a candidate for levirate with the deaf- mute brother by biblical standards. Her biblical claim to the levir is stronger than the rabbinic claim of her deaf-mute sister. Therefore, from the moment of the hearing brother’s death, the deaf-mute sister is forbidden to her husband as sister of a quasi-wife. The widow herself cannot be helped. She cannot be married in levirate since her levir is incapable of marrying by biblical standards. She cannot be freed to marry another man since her levir is incapable of performing ḥalîṣah..
הלכה: שְׁנֵי אַחִין חֵרְשִׁין כול׳. צָרָתָהּ מָהוּ. נִישְׁמְעִינָהּ מִן הָדָא. בִּתּוֹ פִיקַּחַת נְשׂוּאָה לְאָחִיו חֵרֵשׁ. צָרָתָהּ פְטוּרָה מִן הַחֲלִיצָה וּמִן הַיִיבּוּם.
HALAKHAH: “Two deaf-mute brothers,” etc. What about her co-wife32Since at least one party is deaf-mute, none of the marriages described in the Mishnah is of biblical validity (it is assumed throughout these Mishnaiot that the deaf-mute woman was not married to her hearing husband by her father during her minority.) It therefore is not self-evident that the exemptions of Mishnah 1:1 apply in these cases. ? Let us hear from the following: If his hearing daughter was married to his deaf-mute brother, her co-wife is free from ḥalîṣah and levirate33If the marriage was valid, then the co-wife of the daughter is free according to the House of Hillel (Mishnah 1–4). If the marriage was invalid, then there is no place for levirate. In the latter case, the co-wife is forbidden to the hearing brother by rabbinic decree..
HALAKHAH: “Two deaf-mute brothers,” etc. What about her co-wife32Since at least one party is deaf-mute, none of the marriages described in the Mishnah is of biblical validity (it is assumed throughout these Mishnaiot that the deaf-mute woman was not married to her hearing husband by her father during her minority.) It therefore is not self-evident that the exemptions of Mishnah 1:1 apply in these cases. ? Let us hear from the following: If his hearing daughter was married to his deaf-mute brother, her co-wife is free from ḥalîṣah and levirate33If the marriage was valid, then the co-wife of the daughter is free according to the House of Hillel (Mishnah 1–4). If the marriage was invalid, then there is no place for levirate. In the latter case, the co-wife is forbidden to the hearing brother by rabbinic decree..