Yevamot, Chapter Thirteen, Mishnah Ten

 

Introduction

This mishnah is a continuation of yesterday’s mishnah.

 

Mishnah Ten

1)                     [If one was] of sound senses and the other deaf, and the yavam had intercourse with the woman of sound senses and then he also had intercourse with the deaf woman, or a brother of his had intercourse with the deaf woman, he does not disqualify the former [for him].

2)                     If the yavam had intercourse with the deaf woman, and then he also had intercourse with the woman of sound senses, or a brother of his had intercourse with the woman of sound senses, he disqualifies the deaf woman [for him].

 

Explanation

Section one: When the yavam has intercourse with the woman of sound senses, he fully acquires her as his wife.  His subsequent act of intercourse, or his brother’s subsequent act of intercourse with her rival wife is licentious but does not effect the status of the first woman.

Section two:  As we learned yesterday, sexual intercourse does not effect a full acquisition of a deaf woman, but rather a partial acquisition.  Therefore, there is the possibility of acquiring the second woman, and thereby creating a situation where both rival wives are somewhat “acquired” to him.  Since it is forbidden to be with both, he must separate from both of them. 

 

image_print