Commentary for Yevamot 220:16

אמר רב חסדא ש"מ קסבר רב חרשת קנויה ומשויירת קטנה קנויה ואינה קנויה דאי ס"ד חרשת קנויה ואינה קנויה קטנה קנויה ומשויירת חרשת אמאי כונס ומוציאה בגט

and [in the course of these they] stated: The ruling,<span class="x" onmousemove="('comment',' Lit., 'that which we learned'. ');">⁴⁰</span> [IF A MAN WAS MARRIED TO] A MINOR AND TO A DEAF WOMAN, COHABITATION WITH ONE OF THEM DOES NOT EXEMPT HER RIVAL applies only to a case<span class="x" onmousemove="('comment',' Lit., 'these words'. ');">⁴¹</span> where [the widows] became subject to him<span class="x" onmousemove="('comment',' Lit., 'she fell'. ');">⁴²</span> through a brother of his who was of sound senses, since it is not known to us whether he<span class="x" onmousemove="('comment',' The deceased brother. ');">⁴³</span> was more pleased with the minor or whether he was more pleased with the deaf woman; 'whether he was more pleased with the minor' because she would [in due course] reach the age of intelligence or 'whether he was more pleased with the deaf woman' because she was fully grown and in a marriageable condition; if [the widows], however, became subject to him<span class="x" onmousemove="('comment',' Lit., 'she fell'. ');">⁴²</span> through a deaf brother of his, there is no doubt that he<span class="x" onmousemove="('comment',' The deceased brother. ');">⁴⁴</span> was more pleased with the deaf woman, because she was of matrimonial age and of his kind. But I told them: Even if [the widows] became subject to him<span class="x" onmousemove="('comment',' Lit., 'she fell'. ');">⁴⁵</span> through a deaf brother of his [the question of his preference still remains] a matter of doubt. How do they<span class="x" onmousemove="('comment',' The minor and the deaf wife whose husband died childless and who became subject to a levir. ');">⁴⁶</span> obtain redress?<span class="x" onmousemove="('comment',' Since one does not exempt the other (v. our Mishnah) and the deaf woman is incapable of performing halizah. Were the levir to marry the deaf widow and submit to halizah from the minor after she had attained her majority, the former would become forbidden to him by the halizah of her rival ('If a man did not build he must never build', supra), the marriage of the deaf not being Pentateuchally valid to sever the levirate bond with the minor. ');">⁴⁷</span> — R. Hisda replied in the name of Rab: [The levir] marries the deaf widow and then releases her by a letter of divorce,<span class="x" onmousemove="('comment',' Cf. supra n. 4. ');">⁴⁸</span> while the minor waits until she is of age, when she performs <i>halizah</i>.<span class="x" onmousemove="('comment',' Both widows are thus released from the levir. ');">⁴⁹</span> From this, said R. Hisda, it may be inferred that Rab is of the opinion that a deaf wife is partially acquired,<span class="x" onmousemove="('comment',' By her husband. Lit., 'acquired and left over'; only in a part of her person is she legally regarded as wife, Cf. infra n. 9. ');">⁵⁰</span> [while concerning] a minor [it is a matter of doubt whether] she is [properly] acquired,<span class="x" onmousemove="('comment',' Completely; and she is consequently regarded as the deceased brother's proper wife. ');">⁵¹</span> or not acquired [at all];<span class="x" onmousemove="('comment',' And consequently she is legally no more than a stranger. That the legal condition of relationship between the minor and her husband is different from that between the deaf wife and her husband is fairly obvious. For if they were both regarded as partially acquired, or if the acquisition of either was regarded as doubtful, their legal position would in no way differ from that of two minors or two deaf women, while, in fact, it does. (Cf. our Mishnah and the following one). From Rab's ruling, however, it is inferred that it is the deaf wife who is partially acquired and that it is the minor concerning whom it is uncertain whether she is wholly acquired or not acquired at all. ');">⁵²</span> for were it to be suggested that concerning a deaf wife [it is uncertain whether] she is acquired<span class="x" onmousemove="('comment',' Completely; and she is consequently regarded as the deceased brother's proper wife. ');">⁵¹</span> or not acquired [at all and that] a minor is partially acquired,<span class="x" onmousemove="('comment',' By her husband. Lit., 'acquired and left over'; only in a part of her person is she legally regarded as wife, Cf. infra n. 9. ');">⁵⁰</span> [the question would arise] why [should the levir] marry [the deaf widow] and release her by a letter of divorce?

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