Talmud for Yevamot 14:2

Rebbi Jacob bar Aḥa, Rebbi Ḥiyya, in the name of Rebbi Joḥanan: One disagrees with this Tanna²¹Rabban Simeon ben Gamliel.. They say, does not a Mishnah disagree²²Yebamot 14:1: “If a normal man married a normal woman and she became deaf-mute he may divorce her or keep her, but if she became insane he may not divorce her; if he became deaf-mute or insane he may never divorce.”: “If he became deaf-mute or insane, he may never divorce.” Why can he not write and have others fulfill his written instructions²³According to Rabban Simeon, even if he became deaf-mute it should not make any difference since he may give written instructions.? They upheld it, if he is illiterate. Rebbi Abba bar Mamal objected, does not a baraita disagree²⁴Tosephta Giṭṭin 2:8. The text there ends: “it is no divorce unless they hear his voice say to the scribe ‘write!’, and to the witnesses ‘sign!’ ” That Tosephta clearly disagrees with Rabban Simeon and disqualifies handwriting by a mute.: “If he wrote himself, or he told the scribe to write and the witnesses to sign, even though the scribe wrote, the witnesses signed, they gave him [the document] and he in turn gave it to her, it is no divorce.” Rebbi Assi said, complete the sentence and there is no disgreement: “it is no divorce unless they hear his voice.” But even if he gave a sign with his head you say it is invalid²⁵This refers to Mishnah Giṭṭin7:1: “If somebody lost his speech and they said to him, shall we write a divorce document for your wife? if he gave a sign with his head one checks him out three times; if he indicated ‘yes’ when it was expected, and ‘no’ when it was expected, they should write and hand it over.” The Tosephta also seems to contradict this Mishnah., here also it is invalid. Rebbi Mana said, it is valid: hearing the voice has the same status as seeing him nod his head²⁶The Tosephta contradicts Rabban Simeon ben Gamliel but not the Mishnah. A written authorization is invalid but a direct authorization by the husband to scribe and witnesses, by speech for a normal person and sign language for a mute, is valid. In the Babli (Giṭṭin 71a), Rav Cahana in the name of Rav accepts the position of Rabban Simeon, against the Tosephta.!