Yevamos - Daf 113
- Why a ketanah married to a Kohen may eat terumah while a חרשת may not
The Gemara asks: מאי שנא קטנה דאכלה בתרומה ומאי שנא חרשת דלא אכלא בתרומה – What is the difference between a ketanah, who eats d’Rabbanon terumah, and a deaf-mute woman, who does not eat d’Rabbanon terumah? After the first reason is rejected, the Gemara explains that the real reason a חרשת may not eat terumah is a גזירה שמא יאכיל חרש בפקחת – a decree lest a deaf-mute Kohen feed d’Oraysa terumah to his competent wife. Since she is competent and responsible for her actions and only married on a d’Rabbanon level to the Kohen, she would be chayav misa if she ate it. When the Gemara counters and says then at least in the case of the חרש ופקחת – the death-mute Kohen and his competent wife, let her eat d’Rabbanon terumah, since she is married to the Kohen on a d’Rabbanon level, it answers, גזירה דלמא אתי לאוכלה בתרומה דאורייתא – it is a decree lest her husband come to feed her d’Oraysa level terumah. Rashi explains that there is no need for a similar decree for a ketanah married to an adult Kohen lest an adult woman married to a minor Kohen eat terumah, because the Rabbis did not institute marriage for a minor boy.
- Why a ketanah receives a kesubah but a חרשת does not
The Gemara asks what the difference is between a ketanah, who has the right to a kesubah, and a חרשת, that does not have the right to a kesubah, and answers, דאם כן מימנע ולא נסבי לה – that if so, that a חרשת received a kesubah, men would be dissuaded and not marry her in the first place. Rashi explains that men will not be dissuaded from marrying a ketanah since she will eventually become competent. The Gemara asks, that if this is so, regarding the marriage of a פקחת and a חרש, ליתקן לה כתובה – let the Rabbanon institute a kesubah for her, דאם כן מימנעי ולא מינסבי – for if the competent women do not get one, they would be dissuaded and not marry deaf-mute men? The Gemara answers that it is not necessary since יותר משהאיש רוצה לישא אשה רוצה להנשא – more than a man desires to get married, a woman desires to get married. Therefore, not receiving a kesubah will not deter a פקחת from marrying a חרש.
- A שוטה can be divorced mid’Oraysa, but the Rabbanon forbid it
The Mishnah on Daf 112b stated that if a man married a woman who subsequently became insane, he may not divorce her. Rebbe Yitzchak said: דבר תורה שוטה מתגרשת מידי דהוה אפקחת בעל כרחה – Under d’Oraysa law, an insane woman can be divorced, just like a פקחת can be divorced against her will. What is the reason that the Rabbanon said she cannot be divorced? שלא ינהגו בה מנהג הפקר – So that people will not treat her in a hefker way after the divorce. The Gemara asks what is the case? If she knows how to safeguard her get and how to safeguard herself, then people will not treat her in a hefker way. If she does not know how to safeguard her get and herself, is it so that mid’Oraysa she can be divorced? For it was taught in Rebbe Yannai’s Beis Midrash, the passuk states regarding a get, "ונתן בידה" – and he placed it in her hand, which teaches, מי שיש לה יד לגרש עצמה – only one who has a “hand” to accept a get can be divorced which excludes a שוטה. And it was stated in Rebbe Yishmael’s Beis Midrash, the passuk states: "ושלחה מביתו" – and he sent her from his house, which teaches, מי שמשלחה ואינה חוזרת – that only one whose husband sends away and does not return can be divorced, which excludes a shotah, שמשלחה וחוזרת - who is sent away and returns. The Gemara answers that Rebbe Yitzchak’s teaching refers to one who can safeguard her get, so she can be d’Oraysa divorced, but cannot safeguard herself from being treated in a hefker way.
