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Mishnayos Yevamos Perek 14 Mishnah 6

יבמות פרק י"ד משנה ו׳

6

If two brothers, one of whom is a deaf-mute and the other one halakhically competent, were married to two sisters, one of whom is a deaf-mute and the other one halakhically competent, and the deaf-mute brother married to the deaf-mute sister died, what should the halakhically competent brother married to the halakhically competent sister do? The deaf-mute woman is released due to the prohibition with regard to a wife’s sister. If the halakhically competent brother married to the halakhically competent sister died, what should the deaf-mute brother married to the deaf-mute sister do? He divorces his wife with a bill of divorce, which is as valid as their original marriage. And his brother’s wife is forbidden to him forever. There is no remedy for her, as he may not consummate levirate marriage with her because she is the sister of his ex-wife by rabbinic law, and he cannot perform ḥalitza with her either, as he is a deaf-mute.

שְׁנֵי אַחִים, אֶחָד חֵרֵשׁ וְאֶחָד פִּקֵּחַ, נְשׂוּאִים לִשְׁתֵּי אֲחָיוֹת, אַחַת חֵרֶשֶׁת וְאַחַת פִּקַּחַת, מֵת חֵרֵשׁ בַּעַל חֵרֶשֶׁת, מַה יַּעֲשֶׂה פִקֵּחַ בַּעַל פִּקַּחַת, תֵּצֵא מִשּׁוּם אֲחוֹת אִשָּׁה. מֵת פִּקֵּחַ בַּעַל פִּקַּחַת, מַה יַּעֲשֶׂה חֵרֵשׁ בַּעַל חֵרֶשֶׁת, מוֹצִיא אִשְׁתּוֹ בְגֵט, וְאֵשֶׁת אָחִיו אֲסוּרָה לְעוֹלָם.

ו׳