Yevamos - Daf 112
- נטולה מן היהודים ליבם מהו
The question was asked: נטולה מן היהודים ליבם מהו – If a married woman said, “I am removed from all Jews,” meaning she made a vow not to have benefit from relations with any man, what is the halachah regarding the yavam? Did she consider at the time she made the neder that her husband might die childless, and she will fall to the yavam in yibum? If so, then the yavam is certainly prohibited to her. Or did she not consider the possibility, in which case, he would be permitted to her. Rashi explains that the reason she might not have considered the possibility is that the reason she wanted a divorce was because having relations was causing her pain. She was concerned though that if she said she wanted a divorce, her husband might suspect she wanted it so she could marry someone else. To allay his concerns, she made the neder prohibiting all men to her. If this was the purpose of the neder, it would not have included the yavam, since in the event of divorce, she would be prohibited to him as an ervah. Rav said: יבם אינו כבעל – the yavam is not like the husband, as the neder did not apply to him, and if the husband dies childless, he may to yibum with her. Shmuel said: יבם הרי הוא כבעל – the yavam is like the husband, and just as the husband is forbidden to her, so is he, because the neder includes him. Abaye brings a support for Rav’s position.
- Why a חרשת may get divorced but a חרש may not divorce
The opening Mishnah of the fourteenth perek states: פקח שנשא פקחת ונתחרשה – If a competent man married a competent woman and she became a חרשת, אם רצה יוציא אם רצה יקיים – If he wants, he may divorce her or if he wants, he may keep her as his wife. But if she became insane, he may not divorce her. נתחרש הוא או נשתטה אינו מוציאה עולמית – If he became a חרש or a שוטה, he can never divorce her. Rebbe Yochanan ben Nuri said to the Rabbanon, why may a woman who became a חרשת be divorced, but a man who became a חרש may not divorce? They answered: אינו דומה האיש המגרש לאשה המתגרשת – A man who divorces is not comparable to a woman being divorced. שהאשה יוצאה לרצונה ושלא לרצונה והאיש אינו מוציא אלא לרצונו – for the woman can be divorced with her consent and without it, while the man may only divorce with his consent. Since a man who is mentally incompetent, such as a חרש or a שוטה, can not express consent, they may not divorce a woman.
- Why marriages were instituted for a חרש וחרשת but not for a שוטה ושוטה
Rami bar Chama said: מאי שנא חרש וחרשת דתקינו להו רבנן נשואין ומאי שנא דשוטה ושוטה דלא תקינו להו רבנן נשואין – What is the difference between a חרש וחרשת that the Rabbanon instituted a category of marriage and a שוטה ושוטה that the Rabbanon did not? Rashi explains that if the deceased brother was a חרש or the widow is a חרשת, chalitzah is required, indicating that there is nisuin and kiddushin for them, even though mid’Oraysa, they cannot make a kinyan. And it was taught in a Baraisa that if a שוטה or a katan married a woman and then died childless, their wives are exempt from chalitzah and from yibum. The Gemara answers, חרש וחרשת דקיימא תקנתא דרבנן תקינו להו רבנן נשואין – In the case of the חרש וחרשת where the Rabbinic institution of marriage can endure, they established nisuin. Rashi explains that deaf mutes can get along with other people, and certainly with their spouses. In the case of the שוטה ושוטה where a Rabbinic institution of marriage cannot endure, for אין אדם דר עם נחש בכפיפה אחת – for a man cannot live with a snake inside one basket, they did not institute it. Rashi explains that it is not the nature of insane people to coexist with others peaceably, and the marriage will ultimately fail.
