Commentary for Yevamot 14:1
ותני ר' חייה כן וכולן אם יכולות להינשא לאחין שלא בעבירה צרותיהן פטורות מן החליצה ומן היבום. תני רבי חייה אין צרה אלה מאח בלבד. אמר ר' יוסי מתניתא אמרה כן מפני שהן נשואות לאחרים צרותיהן מותרות. ר' ירמיה בעי ותהא צרה מן השוק. אמר ר' יוסה לא שמיע רבי ירמיה הדא דתני רבי חייה לא שמיע למתניתין מפני שהן נשואות לאחרים צרותיהן מותרות. חזר ומר אין דשמיע אלא כאינש דשמיע מילה ומקשי עלה. ר' ירמיה בעי הבא על הצרה מהו שיהא חייב עליה משום אשת אח. אמר רבי יוסי אילו איפשר לצרה בלא אשת אח יאות. איפשר לאשת אח בלא צרה. איפשר לצרה בלא אשת אח. ואשת אח לא יבמתו היא. אמר רבי יוסה בי ר' בון תיפתר שהיה לה בנים מאחים:
ותני ר' חייה כן וכולן אם יכולות להינשא לאחין שלא בעבירה צרותיהן פטורות מן החליצה ומן היבום. תני רבי חייה אין צרה אלה מאח בלבד. אמר ר' יוסי מתניתא אמרה כן מפני שהן נשואות לאחרים צרותיהן מותרות. ר' ירמיה בעי ותהא צרה מן השוק. אמר ר' יוסה לא שמיע רבי ירמיה הדא דתני רבי חייה לא שמיע למתניתין מפני שהן נשואות לאחרים צרותיהן מותרות. חזר ומר אין דשמיע אלא כאינש דשמיע מילה ומקשי עלה. ר' ירמיה בעי הבא על הצרה מהו שיהא חייב עליה משום אשת אח. אמר רבי יוסי אילו איפשר לצרה בלא אשת אח יאות. איפשר לאשת אח בלא צרה. איפשר לצרה בלא אשת אח. ואשת אח לא יבמתו היא. אמר רבי יוסה בי ר' בון תיפתר שהיה לה בנים מאחים:
Shulchan Arukh, Even HaEzer
He is allowed to divorce her without her knowledge. Rem"a: And even if he cannot pay her ketubah or dowry, she cannot prevent it since this is a divorce. Rather she divorces and claims what he is obligated to her (Teshuvat HaRosh, and Rivash). And all this is the law, but Rabbeinu Gershom decreed that [a man] cannot divorce a woman without her knowledge if she has not violated religion as is explained (Siman 115). And even if he wants to give her the ketubah, he cannot divorce her nowadays without her knowledge (Smak Siman 184). Nowadays, if he violated and divorced her against her will, and she remarried, the man is not called a sinner (Kol Bo). If he divorced her with her knowledge, and the get was found to be invalid, he is able to divorce her afterwards against her will (ibid.). If she developed blemishes, see earlier Siman 117 whether he is able to forcibly divorce her, there are those who say that in the place of a mitzvah he is able to forcibly divorce his wife, or they permit him to marry two women (Moharam Padwa Siman 13). As was explained in Siman 1. Therefore, a ketana [girl younger than 12], can be divorced even though her knowledge is incomplete even if her father received her engagement, which is from the Torah. Or if she is a deaf mute, and he married her when she was well, and she became deaf. But if she became mentally unstable, and she cannot guard herself he cannot divorce her until she is well, since he cannot abandon her. Therefore he puts her aside and marries another, and feeds her from her own [property]. And he is not obligated in food, clothing, or marital relations, and he is not obligated to heal her. And some say that he is obligated to feed and heal her (Beit Yosef in the name of the Rashba and the Tur in the name of the Rimah and the Ra'avad). And this was decided earlier (70:4). And this is the main [law]. And he need not redeem her [from captivity]. And if he divorced her, she is divorced as long as she can guard her get. And some say that even in retrospect, she is not divorced (And this is implied by the Mahariv Siman 52). But if she is sometimes mentally unstable and sometimes as in a dream, and he divorces her when she is as in a dream because it appeared that she would stay that way, he did not do what was proper (Piskei Mahari Siman 215). And see later (121:3) And he takes her out of his house and is not obligated to care for her.
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Shulchan Arukh, Even HaEzer
He is allowed to divorce her without her knowledge. Rem"a: And even if he cannot pay her ketubah or dowry, she cannot prevent it since this is a divorce. Rather she divorces and claims what he is obligated to her (Teshuvat HaRosh, and Rivash). And all this is the law, but Rabbeinu Gershom decreed that [a man] cannot divorce a woman without her knowledge if she has not violated religion as is explained (Siman 115). And even if he wants to give her the ketubah, he cannot divorce her nowadays without her knowledge (Smak Siman 184). Nowadays, if he violated and divorced her against her will, and she remarried, the man is not called a sinner (Kol Bo). If he divorced her with her knowledge, and the get was found to be invalid, he is able to divorce her afterwards against her will (ibid.). If she developed blemishes, see earlier Siman 117 whether he is able to forcibly divorce her, there are those who say that in the place of a mitzvah he is able to forcibly divorce his wife, or they permit him to marry two women (Moharam Padwa Siman 13). As was explained in Siman 1. Therefore, a ketana [girl younger than 12], can be divorced even though her knowledge is incomplete even if her father received her engagement, which is from the Torah. Or if she is a deaf mute, and he married her when she was well, and she became deaf. But if she became mentally unstable, and she cannot guard herself he cannot divorce her until she is well, since he cannot abandon her. Therefore he puts her aside and marries another, and feeds her from her own [property]. And he is not obligated in food, clothing, or marital relations, and he is not obligated to heal her. And some say that he is obligated to feed and heal her (Beit Yosef in the name of the Rashba and the Tur in the name of the Rimah and the Ra'avad). And this was decided earlier (70:4). And this is the main [law]. And he need not redeem her [from captivity]. And if he divorced her, she is divorced as long as she can guard her get. And some say that even in retrospect, she is not divorced (And this is implied by the Mahariv Siman 52). But if she is sometimes mentally unstable and sometimes as in a dream, and he divorces her when she is as in a dream because it appeared that she would stay that way, he did not do what was proper (Piskei Mahari Siman 215). And see later (121:3) And he takes her out of his house and is not obligated to care for her.
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Shulchan Arukh, Even HaEzer
Specifically when he is silenced, or if he cannot speak but can hear that we rely on gesturing to end the marriage. However, one who is deaf: who cannot hear nor speak, and if he was able to hear and speak when they were married, or if they were married dues to levirate marriage, we do not end the marriage by gesture. However, if they were married when he was deaf and mute, even if she is able to hear and speak, the marriage can be ended through gesture.
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