Talmud Bavli
Talmud Bavli

Commentary for Yevamot 221:14

אי משום הא לא איריא חרשת דלית לה תקנתא דהיתירא קתני תקנתא דאיסורא קטנה דאית לה תקנתא דהיתירא לא תני תקנתא דאיסורא:

'If he cohabited with the minor, he must give her a letter of divorce and she becomes permitted'!<span class="x" onmousemove="('comment',' Which would be the law according to R. Nehemiah, who ruled that an unlawful cohabitation exempts the woman from the levirate obligations. The statement, consequently, must represent the view of the Rabbis, and the reason why the minor cannot be released by a letter of divorce is because cohabitation with her is unlawful since she is the sister of the levir's partially acquired wife; while she herself, in case she was fully acquired, is subject to the levirate bond, from which the marriage with her deaf sister, whose kinyan was only partial, cannot exempt her. ');"><sup>46</sup></span> — If this is all, there is not much force in the argument; since in respect of the deaf widow for whom no lawful redress is possible<span class="x" onmousemove="('comment',' As she is forbidden to all men including the levir, as shewn supra. ');"><sup>47</sup></span> mention had to be made of redress obtained through a forbidden act,<span class="x" onmousemove="('comment',' It being the only possible means whereby she could marry again. ');"><sup>48</sup></span> but concerning a minor, for whom lawful redress is possible,<span class="x" onmousemove="('comment',' She has only to wait until she is of age, when she can lawfully perform halizah and thereby obtain her freedom. ');"><sup>49</sup></span>

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