Yevamos - Daf 110
- Must a married ketanah have relations after adulthood to be considered a d’Oraysa marriage?
On Daf 109b we learned that Rav holds that a ketanah that was married, must have relations after she reaches adulthood in order for her marriage to be considered a d’Oraysa marriage. The Gemara here challenges this understanding of Rav, based on a case where a ketanah did not do mi’un, became an adult, ועמדה ונשאת – and she then went and married another man without having received a get from her first husband, and Rav said: אינה צריכה גט משני – she does not need a get from the second husband because the kiddushin never took effect, and Shmuel said she does. Is this not a case where the first husband had not yet had relations with her after she reached adulthood, and yet Rav rules that she does not require a get from the second man? This implies that Rav does hold that the first marriage is a d’Oraysa level marriage! The Gemara answers that the case is where the first husband did have relations with her after she became an adult, and that is why she does not need a get from the second man. The reason Shmuel holds that she does require a get is because he holds כל הבועל על דעת קדושין הראשונים הוא בועל – anyone who has relations does so on the basis of the original kiddushin. Since the original kiddushin is only considered a d’Rabbanon level marriage, the second marriage takes effect on a d’Oraysa level and she requires a get from him.
- מי שהיה נשוי לשתי חרשות ומת
The next Mishnah states: מי שהיה נשוי לשתי יתומות קטנות ומת – If one was married to two orphaned female minors and he died, ביאתה או חליצתה של אחת מהם פוטרות צרתה – relations or chalitzah with one of the wives exempts her tzarah, וכן שתי חרשות – and similarly if he was married to two female deaf-mutes. The Gemara says that this implies that a חרשת is fit for chalitzah, and a Mishnah clearly taught that chalitzah with a חרשת is invalid? Rav Gidel said in the name of Rav: אביאה – the comparison in the Mishnah was referring to having relations, not chalitzah. Rabbah said: You can even say it is referring to chalitzah. כאן ברחשת מעיקרא כאן בפקחת ואחר כך נתחרשה – Here, in our Mishnah, we are discussing one who was a deaf-mute initially, at the time of her marriage, whereas in the other Mishnah, she was a woman who was mentally competent at the time of her marriage and then became a חרשת. A woman who was initially a חרשת can perform chalitzah, כי היכי דעל הכי נפק – for just as she entered the relationship, she can leave it. Rashi explains that she was married through signaling with her hands, so too, she can signal when doing chalitzah. But a woman who was a פקחת initially, cannot do chalitzah as a חרשת, for the kriah of the pesukim is me’akev. The Gemara successfully refutes Rabbah’s position.
- Who was more preferable, the ketanah or חרשת?
Rav Adda bar Ahava and his son-in-law Rav Chana were discussing the Mishnah’s case of one married to a קטנה וחרשת , where the din is, the biah of the yavam with one of them does not exempt her tzarah. They said that this ruling applies where the yavam was a פקח – mentally competent, and we do know not who is more preferable to him. Is the ketanah more desirable, for one day she will reach כלל דיעה – the category of having daas, or is the חרשת more desirable since she is an adult and a בת ביאה – fit for having relations? But if the husband was a חרש, certainly the חרשת was more desirable to him because she was a בת ביאה and also similar to him. Rav Nachman told them that even in this case, the Tanna is in doubt, and therefore doing yibum with one of them will not exempt her tzarah.
