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1) THE DIFFERENCE BETWEEN MARRIAGE OF DEAF PEOPLE AND A MINOR

(a) Answer: If a deaf woman could do Mi'un, men would not marry her.
(b) Question: Why can a girl married mid'Rabanan to a Kohen eat Terumah, but not a deaf woman?

1. (Mishnah): R. Yochanan Ben Gudgada testified that a deaf girl whose father married her off may be divorced, and that a minor married to a Kohen eats Terumah.

i. We infer, a deaf woman does not eat Terumah.

(c) Answer: This is a decree, lest she will eat when married to a deaf man.
(d) Question: Why shouldn't she eat - we need not stop a minor (or a deaf woman, who is also exempt from Mitzvos) from eating forbidden food!
(e) Answer: This is a decree, lest a healthy woman married to a deaf man eat Terumah.
(f) Question: Since she is married mid'Rabanan, she should be permitted to eat Terumah mid'Rabanan!
(g) Answer: The decree is, lest she eat Terumah mid'Oraisa.
(h) Question: Why does a minor have a Kesuvah, but not a deaf woman?
(i) Answer: If a deaf woman had a Kesuvah, men would not marry her.
(j) Question: How do we know that a minor has a Kesuvah?
(k) Answer (Mishnah): One that does Mi'un, a Sheniyah, or an Ailonis - she has no Kesuvah.

1. If a minor was divorced, she would have a Kesuvah.

(l) Question: How do we know that a deaf woman has no Kesuvah?
(m) Answer (Beraisa): A deaf or insane man that married a healthy woman, even though he became healthy, his wife has no claim on him; if he wants to remain with her, she has a Kesuvah;
(n) A healthy man that married a deaf or insane woman, even if he wrote her a Kesuvah of 10000 Zuz, it is valid, because he chose to give away his property.

1. This is only because he chose to give - if not, she has no Kesuvah - if not, men would not marry her.

(o) Question: If so, we should enact a Kesuvah for a healthy woman that marries a deaf man - if not, women will not marry deaf men!
(p) Answer: A woman wants to get married more than a man.
(q) Rav Malkiyo married off a deaf man to a woman; he wrote her a Kesuvah of 400 Zuz.

1. Rava: This was very smart! If the man wanted a slave to serve him, we would buy one for him - now, he also gets a wife!

(a) Version #1 (Shmuel): One does not bring an Asham Taluy (pending guilt-offering) for relations with the wife of a deaf man.
(b) Suggestion: A Mishnah supports this.

1. (Mishnah): 5 types of people cannot separate Terumah, even b'Di'eved: a deaf person, an insane person, a minor, one who does not own the produce, and a Nochri that separated on the produce of a Yisrael, even with permission.

(c) Rejection: This is no support - Shmuel holds as R. Elazar.

1. (Beraisa - R. Elazar): The Terumah of a deaf man may not be considered as Chulin, because he is doubtfully obligated in Mitzvos.

(d) Question: If Shmuel holds as R. Elazar - one should have to bring an Asham Taluy!
(e) Answer: R. Elazar says that an Asham Taluy is only brought when there were 2 items, 1 forbidden and 1 permitted (and he is unsure which he took).
(f) Question: Does R. Elazar really require that there were 2 items?

1. (Beraisa - R. Elazar): One must bring an Asham Taluy for eating Chelev of a Kevi.

(g) Answer: Shmuel holds as R. Elazar regarding a deaf man, but not regarding Asham Taluy.
(h) Version #2 (Shmuel): One brings an Asham Taluy for relations with the wife of a deaf man.
(i) Question (Mishnah): 5 types of people cannot separate Terumah ...
(j) Answer: Shmuel holds as R. Elazar.
(k) Question (Rav Ashi): What is R. Elazar's reason?

1. It is clear that a deaf man has a weak mind - R. Elazar is unsure, if his mind is clear or not - but he is always the same.

2. Or, is it clear that his mind is weak and unclear - but sometimes he is healthy, sometimes insane.
3. Question: What difference does it make, what is his reason?
4. Answer: Whether he may divorce his wife.

i. If he is always the same - his Get is as valid as his engagement!
ii. If sometimes he is healthy, sometimes insane - he can engage, but not divorce!
iii. This question is unresolved.

(a) (Mishnah): If she became insane ...
(b) (R. Yitzchak): mid'Oraisa, a man can divorce an insane woman; just as a healthy woman is divorced against her will.

1. Chachamim said that she may not be divorced, so men should not freely have relations with her.

(c) Question: What is the case?

1. Suggestion: If she can guard her Get and herself - men cannot freely have relations with her!
2. Suggestion: If she cannot guard her Get nor herself - can she really be divorced mid'Oraisa?!

i. (d'Vei R. Yanai): "And he will give in her hand" - a woman who has a hand to divorce herself - but this woman has no such hand!
ii. (Tana d'Vei R. Yishmael): "He will send her from his house" - one who he sends, and does not return - to exclude a girl like this, that will return to him!

(d) Answer: The case is, she can guard her Get but not herself.

1. Mid'Oraisa, she can be divorced, since she can guard her Get.
2. Mid'Rabanan, she may not be divorced, lest men freely have relations with her.

(e) (Abaye): The Mishnah supports this - when she goes insane, it says, he may not divorce her; when he goes insane, it says, he may never divorce her!

1. By him, it says he can never divorce her, since this is mid'Oraisa; by her, it is only mid'Rabanan.

(a) (Mishnah): R. Yochanan Ben Nuri says ...
(b) Question: Is the case of a man that goes deaf clear to R. Yochanan Ben Nuri, and he is unsure about a woman that goes deaf?

1. Or, is the case of a woman that goes deaf clear, and he is unsure about a man that goes deaf?

(c) Answer: Since Chachamim answer, a man that divorces is unlike a woman that is divorced - a woman is divorced willingly or unwillingly, and a man only divorces willingly - we see that R. Yochanan Ben Nuri was unsure about a man.
(d) Rejection: To the contrary! Since they said to him, 'Even she is like her' - we see, he was unsure about a woman!
(e) Answer: R. Yochanan Ben Nuri spoke according to their words.

1. I hold, just as a deaf man cannot divorce, a deaf woman cannot be divorced; according to you - why do you distinguish?
2. They responded, a man that divorces is unlike a woman that is divorced.

(f) (Mishnah): R. Yochanan Ben Gudgeda testified ...
(g) (Rava): From R. Yochanan Ben Gudgeda's testimony - if a man tells witnesses, watch me give this Get, and tells his wife, 'Take this loan document' - she is divorced.

1. R. Yochanan Ben Gudgeda said, we do not need her consent - the same applies here!

(h) Question: This is obvious!
(i) Answer: One might have thought, since he said, take this loan document, he invalidated the Get - we hear, this is not so.

1. Had he invalidated it, he would have told the witnesses. Since he did not tell them, it is still valid.
2. The reason he lied to his wife is because he is embarrassed that he is divorcing her.

(j) R. Yitzchak Bar Bisna lost the keys to the Beis Medrash in a public domain on Shabbos.