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1) BY WHEN HAS YIBUM BEEN DONE?

(a) Question: Rather than force him to do Chalitzah, we should force him to do Yibum!
(b) Answer (Rav): The case is, she has a Get from him.
(c) Question (Beraisa): A Yevamah, within 30 days of falling to Yibum, says that the Yavam has not had relations with her. Whether he says that he has had relations or not, we force him to do Chalitzah;

1. If she says this 30 days after falling to Yibum, we request that he do Chalitzah;
2. If she says that he did Yibum, and he denies this, he gives her a Get;
3. If he says that he did Yibum, and she denies this, she needs a Get and Chalitzah.

(d) Answer #1 (R. Ami): Rather, she needs Chalitzah with the Get she already has.
(e) Answer #2 (Rav Ashi): She needs a Get on account of the Yibum (which he claims to have done) and Chalitzah - the case is, she already received a Get before relations (which prohibited Yibum).
(f) A Yavam and Yevamah came before Rava; both said that they had not done Yibum.

1. Rava: Do Chalitzah, and she is permitted.
2. Rav Sharbiya: But a Beraisa says, she needs a Get and Chalitzah!
3. Rava: If the Beraisa says so, that is the law.

(g) Question (Hon): What is the law of her Tzarah (if the Yevamah that seemingly did Yibum later claims that she has not had relations)?
(h) Answer (Rav Nachman): Because we force or request the Yavam to do Chalitzah - will we prohibit the Tzarah?!
(i) (Mishnah): A woman that vows not to get benefit ...
(j) (Mishnah): At first, they used to say that 3 women are divorced and receive a Kesuvah: a Kohen's wife who says that she was defiled; one who says, "Heaven knows, my husband cannot have normal relations"; one who vows not to have relations with a Yisrael.
(k) Later, Chachamim were concerned that women will seek to marry someone else, and use one of these reasons to get out of their current marriage.

1. If a Kohen's wife says that she was defiled - she must prove this;
2. One who says, 'Heaven knows, my husband cannot have normal relations', he should seek to appease her;
3. One who vows not to have relations with a Yisrael, her husband annuls the part of the vow which forbids him; he can have relations with her, and she is permanently forbidden to other men.

(l) Question: If she vowed not to have relations with any Yisrael - is she forbidden to the Yavam?

1. Did it cross her mind that she may fall to Yibum, or not?

(m) Answer #1 (Rav): The Yavam is not as the husband.
(n) Answer #2 (Shmuel): The Yavam is as the husband.
(o) (Abaye): Presumably, Rav is correct.

1. (Mishnah): One who vows not to benefit from her Yavam in her husband's lifetime, we force him to do Chalitzah.
2. If a woman thinks that she may fall to Yibum - we should request that he do Chalitzah!

(p) Answer: The case is she has children - she does not think that her children will die and then her husband.
(q) Question: But if she has no children - the law is, we only request that he do Chalitzah?

1. Why did the end of the Mishnah say, if she intended to prevent Yibum, we request that he do Chalitzah - we can make a better distinction!
2. The Mishnah should say - we only force him to do Chalitzah when she has children - but if not, we request that he do Chalitzah!
3. Rather, we learn as Rav, whether or not she has children, we force him to do Chalitzah.

2) THE MARRIAGE OF DEAF PEOPLE

(a) (Mishnah): A deaf man married a healthy woman, or a healthy man that married a deaf woman - if he wants, he can divorce her; if he wants, he can stay married;

1. Just as he married her through gesturing, he may divorce her by gesturing.

(b) A healthy man married a healthy woman, and she went deaf - if he wants, he can divorce her; if he wants, he can stay married; if she went insane, he may not divorce her;

1. If he went deaf or insane, he can never divorce her.

(c) R. Yochanan Ben Nuri: Why is it, if she goes deaf, he may divorce her, but if he goes deaf, he cannot divorce her?
(d) Chachamim: A woman is divorced whether or not she wants; a man only divorces if he wants to.
(e) R. Yochanan Ben Gudguda testified that a deaf woman that her father married off (before she was a Bogeres) may be divorced.
(f) Chachamim: This case (a healthy woman that went deaf) has the same law.
(g) 2 deaf brothers are married to 2 sisters - the sisters can be deaf, healthy, or 1 of each; or, 2 deaf sisters are married to 2 brothers - the brothers can be deaf, healthy, or 1 of each - if 1 man dies, his wife is exempt from Chalitzah and Yibum;

1. If the wives were unrelated, the Yavam may do Yibum; afterwards, if he wants to, he may divorce her.

(h) 2 brothers, 1 deaf and 1 healthy, are married to 2 healthy sisters. The deaf brother died - his wife is exempt from Chalitzah and Yibum, she is the Yavam's wife's sister.

1. If the healthy brother died, the deaf brother must divorce his wife, and the Yevamah is forbidden forever (until the Yavam dies).

(i) 2 healthy brothers are married to 2 sisters, 1 deaf and 1 healthy. The husband of the deaf sister died - his wife is exempt from Chalitzah and Yibum, she is the Yavam's wife's sister.

1. If the husband of the healthy sister died, the Yavam must divorce his wife, and the Yevamah does Chalitzah.

(j) 2 brothers, 1 deaf and 1 healthy, are married to 2 sisters, 1 deaf and 1 healthy. The deaf brother, married to the deaf woman died - his wife is exempt from Chalitzah and Yibum, she is the Yavam's wife's sister.

1. If the healthy brother, married to the healthy woman died, the deaf brother must divorce his wife, and the Yevamah is forbidden forever (until the Yavam dies).

(k) 2 brothers, 1 deaf and 1 healthy, are married to 2 healthy, unrelated women. The deaf brother died - the Yavam may do Chalitzah or Yibum.

1. If the healthy brother died, the Yavam does Yibum, and can never divorce her.

(l) 2 healthy brothers are married to 2 unrelated women, 1 healthy and 1 deaf. The husband of the deaf woman died - the Yavam does Yibum; later, he may divorce her if he wants.

1. If the husband of the healthy woman died, the Yavam may do Chalitzah or Yibum.

(m) 2 brothers, 1 deaf and 1 healthy, are married to 2 unrelated women, 1 deaf and 1 healthy. The deaf brother, married to the deaf woman died - his wife does Yibum, and the Yavam may divorce her if he wants.

1. If the healthy brother, married to the healthy woman died, the Yavam does Yibum, and he can never divorce her.

(a) (Gemara - Question - Rami Bar Chama): Why did Chachamim enact marriage for deaf people, and not for insane people?

1. (Beraisa): An insane man or a minor married a woman, and he died - she is exempt from Chalitzah and Yibum.

(b) Answer: By deaf people, the marriage will last, Chachamim enacted it; by insane people, the marriage will not last - a person cannot live in a basket with a snake - Chachamim did not enact it,
(c) Question: Why didn't Chachamim enact marriage for a (male) minor, but they did enact for deaf people?
(d) Answer: Deaf people will never be able to get married mid'Oraisa, Chachamim enacted marriage mid'Rabanan; a minor will be able to get married mid'Oraisa, no enactment was made for him.
(e) Question: But a female (orphaned) minor will be able to be married mid'Oraisa, and marriage was enacted for her!
(f) Answer: There, the reason was so people should not freely have relations with her.
(g) Question: Why may a girl do Mi'un, but not a deaf woman?