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1) WHEN DOES A RABBINIC MARRIAGE BECOME FULL MARRIAGE?

(a) Suggestion: They argue when she did not have relations with her 1st husband in adulthood.
(b) Rejection: No, the case is, they had relations.
(c) Question: If so, why does Shmuel say a Get is not needed?
(d) Answer: He holds, when the husband has relations, he relies on the initial engagement (and does not have in mind to make engagement through relations).
(e) Objection: Rav and Shmuel already argued on this!

1. A man engaged a woman on condition, and married her without mentioning the condition (and the condition was not fulfilled).
2. (Rav): She needs a Get.
3. (Shmuel): She does not need a Get.

i. Rav says she needs a Get - since he married her, he pardoned his condition.
ii. Shmuel says she does not need a Get - when the husband has relations, he relies on the initial engagement.

(f) Answer: It was necessary for them to argue both times.

1. If they only argued in the case of the condition - one might have thought, only there Rav said she is married, since he forgave the condition - but by the minor that grew up, he would admit to Shmuel!
2. If they only argued in the case of the minor that grew up - one might have thought, only there Shmuel said she is not married to the 1st husband - but by the condition, he would admit to Rav!

(g) Question: Did Rav really say, she is only married if they had relations?

1. There was a case of a minor that was engaged, and was sitting by the Chupah; a man grabbed her (and engaged her). Rav Beruna and Rav Chananel, Talmidim of Rav, were there, and they did require her to get a Get from the 2nd man.

(h) Answer (Rav Ashi): Since he acted improperly, Chachamim acted improperly to him (to nullify his engagement).
(i) Question (Ravina): We understand, if he engaged her with money (Chachamim can make money ownerless - here, they make it a gift).

1. If he engaged her through relations, how can Chachamim uproot his engagement?

(j) Answer (Rav Ashi): They make his relations as an act of extramarital relations.
(k) (Rav Yehudah and R. Elazar): The law is as R. Eliezer.

(a) (Mishnah): A man was married to 2 orphaned minors, and he died. Yibum or Chalitzah of one of them exempts the other.
(b) The same applies if he was married to 2 deaf women.
(c) If he was married to an orphaned minor and a deaf woman - Yibum or Chalitzah of either does not exempt the other.
(d) If he was married to a healthy woman and a deaf woman - Yibum of the healthy woman exempts the deaf woman, but Yibum of the deaf woman does not exempt the healthy woman.
(e) If he was married to an adult and an orphaned minor - Yibum of the adult exempts the minor, but Yibum of the minor does not exempt the adult.
(f) (Gemara) Question: Can a deaf woman really do Chalitzah?

1. (Mishnah): A deaf man that did Chalitzah, or a deaf woman that did Chalitzah, or a Yevamah that is a minor that did Chalitzah - the Chalitzah is invalid.

(g) Answer #1 (Rav Gidal): When the Mishnah says, 'And similarly, 2 deaf women' - it only means that Yibum of 1 exempts the other.
(h) Answer #2 (Rabah): It can even refer to Chalitzah - we distinguish, if she was deaf from the start of marriage, or if she was healthy and then became deaf.

1. If she was deaf from the start of marriage, just as she got married (mid'Rabanan) by gesturing, she leaves (Zikah) by gesturing.
2. If she was healthy and then became deaf, she is married mid'Oraisa - she cannot do Chalitzah mid'Oraisa, because she cannot read the verses.

(i) Question (Abaye) If she was deaf from the start of marriage, can she really do Chalitzah?

1. (Mishnah): 2 brothers, 1 deaf and 1 healthy, are married to 2 unrelated women, 1 deaf and 1 healthy. The deaf brother, married to the deaf woman died - his wife does Yibum, and the Yavam may divorce her if he wants;
2. If the healthy brother, married to the healthy woman died, the Yavam does Yibum, and he can never divorce her.

i. Suggestion: She was deaf from the start, and the Mishnah says, she can only do Yibum, not Chalitzah!

(j) Answer: No, the case is, she was healthy and went deaf.
(k) Question (Mishnah): 2 healthy brothers, are married to 2 unrelated women, 1 healthy and 1 deaf. The husband of the deaf woman died - the Yavam does Yibum; later, he may divorce her if he wants;

1. If the husband of the healthy woman died, the Yavam may do Chalitzah or Yibum.

i. Suggestion: Just as the Yavam was healthy from the start, also the Yevamah was deaf from the start - and it says, she may only do Yibum, not Chalitzah!

(l) Answer: No, each is unto himself - he was healthy from the start, she was healthy and went deaf.
(m) Question (Mishnah): 2 brothers, 1 deaf and 1 healthy, are married to 2 sisters, 1 deaf and 1 healthy. The deaf brother, married to the deaf woman died - his wife is exempt from Chalitzah and Yibum, she is the Yavam's wife's sister;
(n) If the healthy brother, married to the healthy woman died, the deaf brother must divorce his wife, and the Yevamah is forbidden forever (until the Yavam dies).

1. You cannot say, the Yevamah was healthy and went deaf - if so, he could not divorce her!

i. (Mishnah): If she went deaf, he may divorce her; if she went insane, he may not divorce her; if he went deaf or insane, he can never divorce her.

2. Rather, he was deaf from the start.
3. Suggestion: Just as he was deaf from the start, so was the Yevamah; and since in the case of the sisters, they were deaf from the start, also the case of the unrelated women!

i. And by the unrelated women it says, she may only do Yibum, not Chalitzah!

(o) Rabah had no answer.
(p) Rav Yosef (to Abaye): Why did you ask from that case - Rabah could answer, the sisters were deaf from the start, but the unrelated women were healthy and went deaf! You should have asked from the following case.
(q) (Mishnah): 2 deaf brothers are married to 2 sisters - the sisters can be deaf, healthy, or 1 of each; or, 2 deaf sisters are married to 2 brothers - the brothers can be deaf, healthy, or 1 of each - if 1 man dies, his wife is exempt from Chalitzah and Yibum;
(r) If the wives were unrelated, the Yavam may do Yibum; afterwards, if he wants to, he may divorce her.

1. Question: What is the case?
2. Suggestion: If the men were healthy and later went deaf - they could not divorce them!

i. (Mishnah): If she went insane, he may not divorce her; if he went deaf or insane, he can never divorce her.

3. Answer: Rather, the men were deaf from the start. Since they were deaf from the start, so were the women; and it says, the Yavam may do Yibum but not Chalitzah!

i. This refutes Rabah.

(a) (Mishnah): A deaf woman and a minor ...
(b) (Rav Ada Bar Ahavah and Rav Chana): When the Mishnah says, a deaf woman and a minor that are Tzaros, Yibum of 1 does not exempt the other - that applies when their husband was healthy, and we do not know which wife he preferred.

1. Perhaps he prefers the minor, because she will later have reason.
2. Perhaps he prefers the deaf woman, because she is an adult, and fit for relations.

i. But if their husband was deaf, he certainly preferred his deaf wife, because she was fit for relations, and was like him.

(c) Rav Nachman: Even if their husband was deaf, the Tana is unsure.
(d) Question: What is the solution?
(e) Answer (Rav Chisda citing Rav): He does Yibum to the deaf Yevamah, and divorces her; the minor does Chalitzah when she grows up.

1. Rav Chisda: Rav holds, a deaf woman is partially married; a minor is married and not married.

(f) If you would say vice-versa - why does he do Yibum to the deaf woman and divorce her - either way, she should be allowed to remain married!