Yevamos 112b

יבמות קי״ב ע״ב

Yevamot 112b

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Topic

The end of פרק בית שמאי (כופין like רב), then פרק חרש. It covers the marriage, divorce and יבום of a חרש or חרשת, and why the רבנן enacted marriage for them but not for a שוטה or קטן.

Overview

The amud opens at the end of a discussion about a woman who made a נדר against her husband's brother. The גמרא first suggests that the משנה is about a woman who has children. It then rejects that idea and concludes that בית דין forces the brother to do חליצה either way, like רב, and פרק בית שמאי closes with the Hadran. A new פרק begins with a משנה about a חרש or חרשת. They can marry and divorce through gestures, and the rule changes when one spouse loses capacity after the wedding. רבי יוחנן בן נורי asks why a wife who became a חרשת can be divorced but a husband who became a חרש cannot. The חכמים answer that a man divorces only by his own will, while a woman can be divorced even against hers. The משנה then works through many cases of two brothers, some deaf and some competent, married to sisters or to unrelated women, and rules on יבום, חליצה and divorce in each. In the גמרא, רמי בר חמא asks why the רבנן set up marriage for a חרש but not for a שוטה or a קטן, and the גמרא explains each difference, including the case of a קטנה. It then begins to ask why a קטנה can do מיאון but a חרשת cannot, and that answer continues on the next amud.

Opening lines

The steps (32)

1. ChallengeThe משנה should have said 'we ask', not 'we force'
2. ResolutionThe משנה is about a woman who has children
3. ChallengeThen the משנה should have spelled out the children difference
4. ConclusionChildren or not, בית דין forces him, like רב
5. ConclusionHadran: closing the chapter בית שמאי
6. StatementA deaf-mute's marriage and divorce work by gestures
7. StatementWhen the wife or husband loses capacity after the marriage
8. ChallengeWhy is the deaf wife different from the deaf husband?
9. ResolutionA man divorces only willingly, a woman even unwillingly
10. StatementTestimony: a deaf girl married off by her father can be divorced
11. ProofThe חכמים: the wife who became deaf is the same
12. StatementTwo brothers married to two sisters with deaf-mutes involved: exempt from both
13. StatementThe deaf brother dies, leaving a competent widow
14. StatementThe competent brother dies, leaving the deaf brother stuck
15. StatementTwo competent brothers; the deaf wife's husband dies
16. StatementThe competent wife's husband dies: divorce and חליצה
17. StatementDeaf and competent brothers married to deaf and competent sisters: the deaf brother dies
18. StatementSame case: the competent brother dies
19. StatementDeaf and competent brothers married to unrelated competent women: the deaf brother dies
20. StatementSame case: the competent brother dies, and the deaf brother must marry and never divorce
21. StatementTwo competent brothers with a competent wife and a deaf wife: the deaf wife's husband dies
22. StatementSame case: the competent wife's husband dies, so it is a normal choice of חליצה or יבום
23. StatementDeaf and competent brothers with unrelated wives: the deaf brother dies
24. StatementDeaf and competent brothers with unrelated wives: the competent brother dies
25. QuestionWhy marriage for a deaf person but not for an imbecile?
26. ResponseA marriage with an imbecile cannot last
27. QuestionWhy marriage for a deaf person but not for a minor?
28. ResponseA minor will grow up and marry by Torah law; a deaf person will not
29. ChallengeA minor girl will grow up, yet she got a rabbinic marriage
30. ResolutionThe minor girl's marriage protects her from being treated as ownerless
31. QuestionWhy can a minor girl refuse, but a deaf woman cannot?
32. ResponseThe answer begins: if a deaf woman could refuse...