יבמות י״דYevamot 14

Perek 14 of 16 in Yevamot — 9 mishnayot

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Mishnah 1א׳

חֵרֵשׁ שֶׁנָּשָׂא פִקַּחַת, וּפִקֵּחַ שֶׁנָּשָׂא חֵרֶשֶׁת, אִם רָצָה יוֹצִיא, וְאִם רָצָה יְקַיֵּם. כְּשֵׁם שֶׁהוּא כוֹנֵס בִּרְמִיזָה, כָּךְ הוּא מוֹצִיא בִרְמִיזָה. פִּקֵּחַ שֶׁנָּשָׂא פִקַּחַת, וְנִתְחָרְשָׁה, אִם רָצָה יוֹצִיא, וְאִם רָצָה יְקַיֵּם. נִשְׁתַּטֵּית, לֹא יוֹצִיא. נִתְחָרֵשׁ הוּא אוֹ נִשְׁתַּטָּה, אֵינוֹ מוֹצִיא עוֹלָמִית. אָמַר רַבִּי יוֹחָנָן בֶּן נוּרִי, מִפְּנֵי מָה הָאִשָּׁה שֶׁנִּתְחָרְשָׁה יוֹצְאָה, וְהָאִישׁ שֶׁנִּתְחָרֵשׁ אֵינוֹ מוֹצִיא. אָמְרוּ לוֹ, אֵינוֹ דוֹמֶה הָאִישׁ הַמְגָרֵשׁ לְאִשָּׁה מִתְגָּרֶשֶׁת, שֶׁהָאִשָּׁה יוֹצְאָה לִרְצוֹנָהּ וְשֶׁלֹּא לִרְצוֹנָהּ, וְהָאִישׁ אֵינוֹ מוֹצִיא אֶלָּא לִרְצוֹנוֹ:

A deaf-mute who married a pikachath, and a pikeach who married a deaf-mute — if he wishes, he sends her away, and if he wishes, he keeps her. Just as he (the deaf-mute) marries by gesticulation, so he sends away by gesticulation. [That is, as betrothal, so is divorce. And, likewise, a pikeach who married a deaf-mute. He married her by gesticulation, gesturing to her until she accepted; and he sends her away by gesticulation, if he wishes to send her away.] If a pikeach married a pikachath and she became a deaf-mute [Even though her betrothal was bona fide, in that she was a pikachath at that time], if he wishes to send her away, he sends her away, [the woman's consent not being required], and if he wishes, he keeps her. If she becomes deranged, he may not send her away. [Even though she knows how to care for her get and, by Torah ordinance, is divorced, the sages instituted that he not divorce her, so that men not "make free" with her.] If he became a deaf-mute or deranged [after betrothal], he never sends her away. [Since his betrothal was bona fide betrothal, he can never send her away, incomplete divorce not dissolving complete betrothal.] R. Yochanan b. Nuri asked: Why is it that a woman who became a deaf-mute can be divorced, whereas a man who became a deaf-mute cannot divorce? They answered: A man divorcing cannot be compared to a woman being divorced. A woman is divorced either consentingly or non-consentingly. A man divorces only by volition.

Mishnah 2ב׳

הֵעִיד רַבִּי יוֹחָנָן בֶּן גֻּדְגְּדָה עַל הַחֵרֶשֶׁת שֶׁהִשִּׂיאָהּ אָבִיהָ, שֶׁהִיא יוֹצְאָה בְגֵט. אָמְרוּ לוֹ, אַף זוֹ כַיּוֹצֵא בָהּ:

R. Yochanan b. Godgada testified about a deaf-mute whose father had betrothed her [when she was a minor, and who had accepted her betrothal, so that her betrothal was complete in spite of her being a deaf-mute (since she was betrothed by her father's knowledge and not her own)] that she goes out with a get. [Even after she had become of age and her father's authority had lapsed, she receives her get.] They said to him: This one, too, [a pikachath who became a deaf-mute] is like her.

Mishnah 3ג׳

שְׁנֵי אַחִים חֵרְשִׁים, נְשׂוּאִים לִשְׁתֵּי אֲחָיוֹת חֵרְשׁוֹת, אוֹ לִשְׁתֵּי אֲחָיוֹת פִּקְחוֹת, אוֹ לִשְׁתֵּי אֲחָיוֹת, אַחַת חֵרֶשֶׁת וְאַחַת פִּקַּחַת, אוֹ שְׁתֵּי אֲחָיוֹת חֵרְשׁוֹת נְשׂוּאוֹת לִשְׁנֵי אַחִים פִּקְחִים, אוֹ לִשְׁנֵי אַחִים חֵרְשִׁין אוֹ לִשְׁנֵי אַחִין, אֶחָד חֵרֵשׁ וְאֶחָד פִּקֵּחַ, הֲרֵי אֵלּוּ פְטוּרוֹת מִן הַחֲלִיצָה וּמִן הַיִּבּוּם. וְאִם הָיוּ נָכְרִיּוֹת, יִכְנֹסוּ, וְאִם רָצוּ לְהוֹצִיא, יוֹצִיאוּ:

Two deaf-mute brothers married to deaf-mute sisters or to two deaf-mute pikchoth, or to two sisters, one, a deaf-mute; the other, a pikachath, or two deaf-mute sisters married to two brothers, pikchim, or to two deaf-mute brothers, or to two brothers, one, a deaf-mute; the other, a pikeach, are exempt from chalitzah and from yibum. [For since both men are deaf-mutes or both women deaf-mutes, as the betrothal of one, so is the betrothal of the other, and the betrothal of his wife (the sister) comes and dissolves the linkage of his yevamah, which is not a complete linkage.] And if they were strangers, they can marry them [for there is no chalitzah with a deaf-mute man or woman, "and he shall say," "and she shall say" not obtaining with them]; and if they wish to send them away, they send them away [with a get, a get by gesticulation coming and dissolving his betrothal and his brother's linkage, which was by gesticulation.]

Mishnah 4ד׳

שְׁנֵי אַחִים, אֶחָד חֵרֵשׁ וְאֶחָד פִּקֵּחַ, נְשׂוּאִים לִשְׁתֵּי אֲחָיוֹת פִּקְחוֹת, מֵת חֵרֵשׁ בַּעַל הַפִּקַּחַת, מַה יַּעֲשֶׂה פִקֵּחַ בַּעַל הַפִּקַּחַת, תֵּצֵא מִשּׁוּם אֲחוֹת אִשָּׁה. מֵת פִּקֵּחַ בַּעַל הַפִּקַּחַת, מַה יַּעֲשֶׂה חֵרֵשׁ בַּעַל פִּקַּחַת, מוֹצִיא אִשְׁתּוֹ בְגֵט, וְאֵשֶׁת אָחִיו אֲסוּרָה לְעוֹלָם.

Two brothers, one, a deaf-mute; the other, a pikeach, married to two sisters, pikchoth: If the deaf-mute, the husband of the pikachath, died, what does the pikeach, the husband of the pikachath, do? She goes out by reason of "his wife's sister." If the pikeach, the husband of the pikachath, died, what does the deaf-mute, the husband of the pikachath, do? He sends out his wife with a get [For the linkage of her sister, deriving from complete betrothal, forbids her to him. And there is no power in his betrothal to reject the yevamah by reason of "his wife's sister"], and his wife's brother is forbidden forever. [For a deaf-mute cannot give chalitzah, and he cannot marry her, by reason of "his wife's sister."]

…and 5 more mishnayot in this perek.

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Mishnah, Torat Emet 357 edition, via Sefaria — public domain

English: The Mishna with Obadiah Bartenura, tr. Rabbi Shraga Silverstein, via Sefaria — CC BY