Mishnah 1
1)
(a)What does the Mishnah say about a Cheresh who marries (i.e. betroths) a Pikachas or vice-versa?
(b)Bearing in mind that a Cheresh and a Chareshes can neither speak or hear, how does the marriage take place?
(c)How about the divorce?
(d)And what does the Tana say about a Pike'ach who marries a Pikachas, who subsequently becomes a Chareshes?
(e)Seeing as the Kidushin was fully valid, how is it possible to divorce her?
1)
(a)The Mishnah permits a Cheresh who marries (i.e. betroths) a Pikachas or vice-versa - to divorce his wife or to remain with her (See Tos.Yom-Tov), as he sees fit.
(b)Despite the fact that a Cheresh and a Chareshes can neither speak or hear, the marriage takes place - by means of hand-signs ...
(c)...and that's how he divorces her.
(d)If a Pike'ach marries a Pikachas, who subsequently becomes a Chareshes - the Tana gives him the same option ...
(e)in spite of the fact that the Kidushin was fully valid - seeing as (notwithstanding a decree that the Chachamim subsequently issued forbidding divorcing a woman against her will) divorce does not require the woman's consent.
2)
(a)What will be the Din if, in the latter case, the woman did not become a Chareshes, but a Shotah?
(b)What if she is capable of looking after her Get?
(c)And what if it is the husband (and not the wife) who becomes either a Cheresh or a Shoteh?
(d)What is the reason for the earlier ruling?
(e)And what did the Chachamim answer Rebbi Yochanan ben Nuri, when he asked them to explain the difference between a woman and a man who become a deaf-mute (See Tos. Yom-Tov)?
2)
(a)If, in the latter case, his wife did not become a Chareshes, but a Shotah - he is forbidden to divorce her, ever (See Tos. Yom-Tov ...
(b)... even if she is capable of looking after her Get.
(c)The same ruling will apply - if it was the husband (and not the wife) who becomes either a Cheresh or a Shoteh.
(d)The reason for earlier ruling is - based on a decree protecting a Shotah from becoming Hefker (free for the taking).
(e)When Rebbi Yochanan ben Nuri asked the Chachamim to explain the difference between a woman and a man who become a deaf-mute, they replied that (See Tos. Yom-Tov) - whereas a woman can be divorced against her will, a man cannot divorce against his full consent (and the Da'as of both a Cheresh and a Shoteh is incomplete).
Mishnah 2
3)
(a)What did Rebbi Yochanan ben Gudgodah testify concerning a Chareshes whose father married her off when she was a Ketanah (See Tos. Yom-Tov)?
(b)What is the legal status of their marriage?
(c)Why is that?
(d)To whom were the Chachamim referring when they responded that 'The same applies to this woman, too!'
3)
(a)Rebbi Yochanan ben Berokah testified that a Chareshes whose father married her off - can be divorced (See Tos. Yom-Tov).
(b)Their marriage is - valid min ha'Torah ...
(c)... seeing as it was based on the Da'as of the father.
(d)When the Chachamim commented 'The same applies to this woman, too', they were referring - to the earlier case of a Pikachas who became a Chareshes.
Mishnah 3
4)
(a)What does the Mishnah say about two brothers Chershin who are married to two sisters Chershos, and one of them dies?
(b)And what does the Tana say in ...
1. ... the event that both of the sisters are Pikchos, or if one of them is a Pikachas and the other, a Chareshes?
2. ... the equivalent cases, but where it is the two sisters who are Chershos?
(c)On what grounds are all of the above cases Patur?
4)
(a)In a case where two brothers Chershin are married to two sisters Chershos, and one of them dies - the Mishnah exempts the Yevamah from both Yibum and Chalitzah.
(b)And the Tana issues the same ruling in ...
1. ... the event that both of the sisters are Pikchos, or if one of them is a Pikachas and the other, a Chareshes, and also in ...
2. ... the equivalent cases, but where it is they are both Chershos ...
(c)... because - seeing as either both Chershin or both Chershos are equal, the Kidushin of the one (albeit an incomplete one) removes the incomplete Zikah of the Yevamah, seeing as she is her sister.
5)
(a)What will the Din be in the above cases if the two women are strangers?
(b)What if he does not want to live with her?
(c)Why can they not perform Chalitzah?
(d)Why is that?
5)
(a)In the event that (in the above cases) the two women are strangers - they are obligated to perform Yibum.
(b)If he does not want to live with her - he can then divorce her (See Tos. Yom-Tov).
(c)They cannot perform Chalitzah - since neither a Cheresh nor a Chereshes are subject to Chalitzah ...
(d)... seeing as they are unable to recite the prescribed text whilst performing Chalitzah (See Tos.yom-Tov).
Mishnah 4
6)
(a)The Tana now discusses the various possible combinations of Cheresh and Pike'ach, but where neither both brothers nor both sisters are Chershim. If two brothers, one a Cheresh, the other, a Pike'ach are married to two sisters Pikchos, what happens to the wife of ...
1. ... the Cheresh in the event that he dies?
2. ... the Pikachas if he is the one who dies?
(b)On what grounds must the latter divorce his wife? Why is the Yevamah not pushed away because of Achos Ishto?
(c)And why is the Yevamah not permitted ...
1. ... to remarry by performing Chalitzah?
2. ... to the Yavam via Yibum?
6)
(a)The Tana now discusses the various possible combinations of Cheresh and Pike'ach, but where neither both brothers nor both sisters are Chershim. If two brothers, one a Cheresh, the other, a Pike'ach are married to two sisters Pikchos, in the event that ...
1. ... the Cheresh dies - his brother's wife (the Yevamah) 'goes out' on account of the Isur of Achos Ishah.
2. ... the Pike'ach is the one who dies - the Cheresh must divorce his wife and his brother's wife is forbidden (both to him and to remarry) forever.
(b)The latter must divorce his wife - because whereas his marriage is only partially valid, his brother's was total. Consequently, it is the Yevamah who overrides his wife and not vice-versa.
(c)Neither is the Yevamah permitted ...
1. ... to remarry by performing Chalitzah - since a Cheresh cannot make Chalitzah (as we just explained). Nor can she become permitted ...
2. ... to the Yavam via Yibum - because of the Isur of Achos Ishah.
Mishnah 5
7)
(a)If two Pikchim brothers are married to two sisters, one a Chareshes, the other, a Pikachas, what happens to ...
1. ... the Pikachas, in the event that the husband of the Chareshes dies?
2. ... the Chareshes in the event that the husband of the Pikachas dies?
(b)In the latter case, what else is the husband of the Chareshes (the Yavam) obligates to do?
7)
(a)If two Pikchim brothers are married to two sisters, one a Chareshes, the other, a Pikachas and the husband of ...
1. ... the Chareshes dies - the Yavam is obligated to divorce his wife because she is the sister of his Yevamah (with whom he can perform neither Yibum nor Chalitzah, as we explained in the previous Mishnah).
2. ... the Pikachas dies - the Yavam is obligated to divorce his wife and ...
(b)... to do Chalitzah with the Yevamah.
Mishnah 6
8)
(a)What is the Halachah in a case where two brothers, one a Cheresh, the other, a Pike'ach, who are married to a Chareshes and a Pikachas, respectively, if the Cheresh dies? What happens to the Pike'ach's wife?
(b)The Tana issues the same ruling in the event that it is the Pike'ach who died. What does he say about the Pike'ach's wife?
8)
(a)In a case where two brothers, one a Cheresh, the other, a Pike'ach, who are married to a Chareshes and a Pikachas, respectively, and the Cheresh dies - the Yavam must divorce his wife.
(b)The Tana issues the same ruling in the event that it is the Pike'ach who died (i.e. that the Cheresh is obligated to divorce his Chareshes wife [See Tos. Yom-Tov]) - adding that the Pike'ach's wife is forbidden forever.
Mishnah 7
9)
(a)The Mishnah now discusses two brothers, one a Cheresh and one a Pike'ach who are married to two unrelated Pikchos. What does he say in a case where ...
1. ... the Cheresh dies? What happens to his wife?
2. ... it is the Pike'ach died?
9)
(a)The Mishnah now discusses two brothers, one a Cheresh and one a Pike'ach who are married to two unrelated Pikchos. If ...
1. ... the Cheresh dies - the Pike'ach is free to perform either Yibum or Chalitzah, whereas if ...
2. ... it is the Pike'ach who died - the Cheresh must perform Yibum with the Yevamah, and will never be able to divorce her.
Mishnah 8
10)
(a)And what does the Tana say about two Pikchim brothers married to two unrelated women, one a Pikachas, the other a Chareshes, where ..
1. ... the husband of the Chareshes dies? What sole option does the Pike'ach who is married to the Pikachas have?
2. ... it is the husband of the Pikachas who died?
10)
(a)The Tana rules in a case where two Pikchim brothers are married to two unrelated women, one a Pikachas, the other, a Chareshes, and ..
1. ... the husband of the Chareshes dies, the sole option open to the Pike'ach who is married to the Pikachas is - to perform Yibum with the Chareshes and to subsequently divorce her, should he so wish. Whereas if ...
2. ... it is the husband of the Pikachas who died - the Yavam is free to perform either Yibum or Chalitzah with her.
Mishnah 9
11)
(a)The final case is where two brothers, one, a Cheresh, the other, a Pike'ach, are married to two unrelated women, one a Chareshes, the other, a Pikachas, respectively. What does the Mishnah say if ...
1. ... the Cheresh dies? What happens to the Chareshes?
2. ... it is the Pike'ach who dies? What happens to the Pikachas?
11)
(a)The final case is where two brothers, one, a Cheresh, the other, a Pike'ach, are married to two unrelated women, one a Chareshes, the other, a Pikachas, respectively. The Mishnah rules, if ...
1. ... the Cheresh dies - that the Yavam Pike'ach must perform Yibum with the Chareshes and then divorce her, if he so wishes. Whereas ...
2. ... if it is the Pike'ach who dies - the Yavam Cheresh performs Yibum with the Pikachas, and is never permitted to divorce her.
