Question (R. Elazar, to R. Yochanan): [If someone else had Bi'ah with] the wife of a Cheresh or a lunatic, what is the law?

Answer (R. Yochanan): There is not even Asham Taluy for her. (Mid'Oraisa, she is not even a Safek Eshes Ish.)

(R. Yakov bar Acha citing R. Yochanan, and R. Heila citing R. Lazar): There is not even Asham Taluy for her.

Consequence: Since you say that there is not even Asham Taluy for her, if another came and was Mekadesh her, Kidushin takes effect in her, and if [the latter] divorced her, she may return to the first. (SEFER NIR - also if there were Asham Taluy for her, another's Kidushin would take effect in her, but then she could not return to the first.)

Support: R. Chiyah taught that if a Cheresh divorced his wife, and she married a Cheresh or Pike'ach, I apply to her "Lo Yuchal Ba'alah ha'Rishon Asher Shilchah Lashuv Lekachtah";

If a Pike'ach divorced his wife, and she married a Cheresh, I do not apply to her "Lo Yuchal Ba'alah ha'Rishon Asher Shilchah..." (Chachamim enacted marriage for a Cheresh, but he is no better than a Pike'ach. Therefore in the previous clause, the Cheresh may not keep her. Here, his marriage is not strong enough to forbid her to her Pike'ach husband.)

If a Cheresh husband went overseas, and they came and told his wife 'your husband died', and she married a Cheresh or Pike'ach, and afterwards her husband came, she leaves both of them.

Assumption: If a Pike'ach husband went overseas, and they came and told his wife 'your husband died', and she married a Cheresh, the Cheresh divorces her, and the Pike'ach keeps her. (His marriage is not strong enough to forbid her to her Pike'ach husband, like above.)

Rejection: The fines (for one who remarried based on a false report that her husband died) apply also to her. (We fine in every case. We explained this like MAGID MISHNAH, Hilchos Gerushin 11:15.)

(Mishnah): If she went insane, he may not divorce her.

Explanation #1 (Beis R. Yanai): This is due to Greirah (she will return to him. Divorce must be "v'Shilchah mi'Beiso", i.e. she will not return to him).

Explanation #2 (R. Ze'ira and R. Ila): It is because she cannot guard her Get (the document).

R. Nechemyah bar Mar Ukvan brei d'R. Yosi said three matters:

If he transgressed and divorced, it is forbidden (i.e. all agree that she is not divorced);

If she has a father - according to the opinion that it is due to Greirah, it is forbidden. According to the opinion that it is because she cannot guard her Get, she has a father, and she can guard her Get (through him).

If sometimes she is crazy and sometimes sane - according to the opinion that it is due to Greirah, it is forbidden. According to the opinion that it is because she cannot guard her Get, she has times of sanity, and [then he can divorce her, for at the time] she can guard her Get. (We explained this like CHASAM SOFER.)

(Mishnah - R. Yochanan ben Nuri) Question: Why do we say that if she goes deaf, she can be divorced, but if he goes deaf, he cannot divorce?

Answer (Chachamim): A man who divorces is unlike a woman who is divorced. A woman is divorced willingly or unwillingly, but a man divorces only if he wants;

R. Yochanan ben Gudgada testified that a Chereshes whose father married her off (before she was a Bogeres), she may be divorced with a Get.

Chachamim (to R. Yochanan ben Nuri): Also she (a Pikachas who went deaf) has the same law.

(Gemara - R. Chananyah, to R. Heila): It seems that a Pike'ach, who has Da'as, she can be divorced knowingly or unknowingly. A Chereshes, who does not have Da'as, she can be divorced only knowingly! (Ein Ra'uy l'Bilah, Bilah Me'akeves Bo - if one cannot do the Mitzvah properly, he cannot do it at all!)

Rebuttal (R. Heila): Was this not testimony?! (The Halachah always follows testimony.) Also this [a Pikachas who went deaf] is similar [to a Chereshes whose father married her off; she can be divorced.]

Question (R. Chananyah): May we add to the testimony?!

R. Chananyah holds that a Pikachas whose father married her off, and she went deaf [she cannot be divorced, for at the time of Kidushin, she had Da'as to receive a Get, and now she does not. The testimony was about one who was a Chereshes when her father married her off.]

R. Yosi holds [that R. Chananyah discusses] a Ketanah [or Na'arah] whose father married her off. (If she were a Bogeres, her father has no Reshus over her. She would marry by herself. - MEICHAL HA'MAYIM)