1,923. A Hearing Woman and a Woman with Congenital Deafness

Yibum v’Chalitzah 5:28

Pursuant to the previous halacha, if the yavam was first intimate with the woman with congenital deafness and then he or one of the other brothers was intimate with the minor*, it does invalidate the marriage to the woman with congenital deafness. The minor is instructed to dissolve her marriage through refusal (miun), while the woman with congenital deafness must be given a get.

Yibum v’Chalitzah 5:29

Let’s say that the deceased’s widows are a woman with full faculties and a woman with congenital deafness. If the yavam was intimate with the woman with full faculties and then he or one of the other brothers was intimate with the woman with congenital deafness, it does not invalidate his marriage to the woman with full faculties, though the woman with congenital deafness must be given a get. If the yavam was first intimate with the woman with congenital deafness and then he or one of the other brothers was intimate with the woman with full faculties, it does invalidate his marriage to the woman with congenital deafness. The woman with congenital deafness must be given a get and the woman with full faculties should both be given a get and perform chalitzah.

*The intention of the halacha is not to recommend such a thing, merely to address the halachic impact should it occur.