Yevamot, Chapter Fourteen, Mishnah Eight

 

Mishnah Eight

1)                     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 of sound senses, the husband of the deaf woman died, what should the brother of sound senses, the husband of the woman of sound senses, do?

a)                                 He must marries her and if he wishes to divorce her he may do so.

2)                     If the brother of sound senses, the husband of the woman of sound senses, died, what should the brother of sound senses, the husband of the deaf woman, do?

a)                                 He may either perform halitzah or yibbum.

 

Explanation

Section one:  In this scenario, the brother of sound senses is married to a deaf woman and his brother, also of sound senses was married to a woman of sound senses. If the husband of the deaf woman dies, his brother must marry his widow.  He cannot perform halitzah, because she is deaf.  He can later divorce her, because he is of sound senses

Section two:  If the brother of sound senses dies, his widow who is of sound senses becomes liable for yibbum or halitzah with the yavam.  Since he is also of sound senses he may have yibbum or halitzah with her, as is the case in all normal scenarios.

 

 

 

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