Related for Gittin 141:9
והא קתני ירושות אמר רבי אבהו ירושת בנו הבכור
This excludes a mute who cannot utter'. Now why should this be, seeing that [according to R. Kahana] he can signify by writing? — Abaye replied to him: You are speaking of testimony, and testimony comes under a different rule, because the All-Merciful has said that it must be from their mouths,<span class="x" onmousemove="('comment',' Deut. XIX, 15, 'At the mouth of two witnesses … shall a matter be established'. ');"><sup>9</sup></span>
Tosefta Terumot
One who hears and does not speak – he is mute. One who speaks and does not hear – he is deaf. And in both cases regard him as one who is sensible in all respects.
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