REVACH L'DAF
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SUMMARY
Rav and Shmuel disagree about the law in the case of a man who betroths (Kidushin) a woman conditionally, but subsequently marries her (Nisu'in) unconditionally. (1)
If a man marries a Ketanah and someone else takes her and is Mekadesh her, when she becomes a Gedolah no Get is required from him. (2)
A man is married to a Ketanah and to a deaf mute, and he dies without children. The Yibum of one of them does not exempt the other. (3)
If a man is married to an ordinary woman and to a deaf mute, the Yibum of the ordinary woman exempts the deaf mute, but not vice versa.
If a man is married to a Gedolah and to a Ketanah, the Yibum of the Gedolah exempts the Ketanah, but not vice versa.
Rava: The Chalitzah of a deaf mute is a valid Chalitzah if she was already a deaf mute at the time of the original marriage.
If an ordinary woman falls to Yibum to a deaf mute, he may do Yibum, but he may never divorce her. (4)
If a woman falls to Yibum to a deaf mute who is married to her sister who is also a deaf mute, she is forbidden forever. (5)
If a woman becomes a deaf mute, her husband may divorce her, but if she becomes insane he may not divorce her. (6)
If a husband becomes a deaf mute or becomes insane, he may not divorce his wife. (7)
A BIT MORE
1. Rav: She needs a Get, because when he married her he forfeited the conditions that he made. Shmuel: She does not need a Get, because when he has Bi'ah he does so with the original Kidushin in mind.
2. Rav Papa: If the original husband had Bi'ah with her does she not need a Get from him. Rav Ashi: Even if he did not yet have Bi'ah with her, no Get is required. The Rabanan annulled the Kidushin since he did an Isur by being Mekadesh her while she was still married (albeit mid'Rabanan) to the first husband.
3. This is because we do not know which one of them is the main wife. Perhaps he prefers the deaf mute because she is old enough for Bi'ah, and perhaps he prefers the Ketanah because eventually she will have Da'as. Therefore, he must do Yibum with the deaf mute and then he must divorce her (because the subsequent Chalitzah with the Ketanah prohibits her), and he must do Chalitzah with the Ketanah after she becomes a Gedolah.
4. Since the Yibum is mid'Oraisa, he may not divorce her. A deaf mute cannot divorce his wife Min ha'Torah since he does not have Da'as.
5. The Yavam is a deaf mute and therefore cannot do Chalitzah. He also cannot do Yibum, because he is married to her sister and thus the Yevamah is forbidden to him because she is his sister-in-law.
6. The Rabanan do not allow him to divorce her, because if she was single she would be unable to guard herself from being taken advantage of because of her insanity. A deaf mute, however, is capable of guarding herself.
7. Since, when he originally became married, he was a healthy person, the Kidushin was valid mid'Oraisa. Now that he is insane or a deaf mute, he does not have the requisite Da'as to divorce his wife Min ha'Torah.
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BRIEF INSIGHT
THE CHALITZAH OF A KETANAH
Rashi in the Mishnah says that if the husband of a Ketanah dies without children, the Chalitzah must be postponed until she becomes a Gedolah. The Be'er Avraham asks that Rava says that the Chalitzah of a deaf mute is a valid Chalitzah if she already was a deaf mute at the time of the original marriage. The reason is that since the original marriage is only mid'Rabanan, the Chalitzah is valid even though mid'Oraisa it is not a valid Chalitzah. If so, that reasoning should apply to a Ketanah as well: her original marriage was mid'Rabanan since she was married off by her mother and brothers. The answer is that when Rashi writes that the Chalitzah must be postponed until she is a Gedolah, he is explaining the Havah Amina of the Gemara, when the Gemara did not yet know the logic of Rava. However, according to the Maskana of the Gemara, the Chalitzah of the Ketanah may be done immediately. (Rav Tzvi Hirsh Kalitzer)
QUICK HALACHAH
CONDITIONAL KIDUSHIN
One who is Mekadesh a woman with a condition and a few days later cancels the condition, the condition is annulled and the Kidushin is valid, even if he cancels the condition in private without the presence of witnesses. The same is true when the woman made the condition. Therefore, one who is Mekadesh a woman with a condition and subsequently does an unconditional Bi'ah or marriage with her must give her a Get even if the condition was not fulfilled, because of the possibility that he canceled the condition at the time of the Bi'ah or the marriage. (Shulchan Aruch EH 38:35)
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