Mishnayos Gittin Perek 5 Mishnah 5

Rabbi Yoḥanan ben Gudgeda testified before the Sages about the case of a deaf-mute woman who was married off by her father when she was a minor, so that her marriage took effect by Torah law. He said that she can be released from her marriage through a bill of divorce, whether as a minor or after she reaches adulthood. Although as a deaf-mute woman she is not legally competent to give her consent, the divorce is effective because divorce does not require the woman’s consent. And similarly, he testified about the case of the minor daughter of a non-priest who was orphaned from her father and then married off to a priest by her mother or brother, so that her marriage took effect by rabbinic law. He said that nevertheless she may partake of teruma, although by Torah law it is prohibited for one who is not in a priestly household to partake of teruma. And furthermore if this girl dies, then her husband inherits her estate. It is not said that because the validity of the marriage is by rabbinic law and not Torah law he is not entitled to inherit from her. And Rabbi Yoḥanan ben Gudgeda further testified about a stolen beam that was already built into a large building [bira], that the victim of the robbery receives only the value of the beam but not the beam itself, due to an ordinance instituted for the penitent. By Torah law, a robber is obligated to return any stolen item in his possession, provided that its form has not been altered. If one stole a beam and incorporated it into a building, then by Torah law he would have to destroy the building and return the beam. In order to encourage repentance, the Sages were lenient and allowed a robber to return the value of the beam. And lastly, Rabbi Yoḥanan ben Gudgeda testified about a sin-offering that was obtained through robbery but that was not publicly known to have been obtained in that manner. He said that it effects atonement for the robber who sacrifices it, for the benefit of the altar, as will be explained in the Gemara.

הֵעִיד רַבִּי יוֹחָנָן בֶּן גֻּדְגְּדָה עַל הַחֵרֶשֶׁת שֶׁהִשִּׂיאָהּ אָבִיהָ, שֶׁהִיא יוֹצְאָה בְגֵט. וְעַל קְטַנָּה בַת יִשְׂרָאֵל שֶׁנִּשֵּׂאת לְכֹהֵן, שֶׁאוֹכֶלֶת בַּתְּרוּמָה, וְאִם מֵתָה, בַּעְלָהּ יוֹרְשָׁהּ. וְעַל הַמָּרִישׁ הַגָּזוּל שֶׁבְּנָאוֹ בַבִּירָה, שֶׁיִּטֹּל אֶת דָּמָיו, מִפְּנֵי תַקָּנַת הַשָּׁבִים. וְעַל חַטָּאת הַגְּזוּלָה שֶׁלֹּא נוֹדְעָה לָרַבִּים, שֶׁהִיא מְכַפֶּרֶת, מִפְּנֵי תִקּוּן הַמִּזְבֵּחַ: