תלמוד על יבמות 12:1

If there was ḥalîṣah during these three months, does she need another one after three months? Let us hear from the following⁹Mishnah 12:5.: “A minor who performed ḥalîṣah should perform ḥalîṣah after she grows up; if she performed [only one] ḥalîṣah, the ḥalîṣah she performed is valid¹⁰In a plurality of mss. of the Babylonian Mishnah, “not valid”. A minor cannot perform acts that are legally valid, but the essence of ḥalîṣah is the declaration of the levir, by necessity an adult, that he refuses to marry the widow..” Rebbi Mana said it anonymously, Rebbi Isaac the son of Rebbi Ḥiyya brought it in the name of Rebbi Joḥanan¹¹In the parallel in Chapter 12, R. Jonah instead of R. Joḥanan.; this is Rebbi Meïr‘s, since Rebbi Meïr says one does neither perform ḥalîṣah nor levirate with a minor: maybe she would turn out to be a she-ram¹²R. Meïr is known in many cases to require attention to possibilities that are seldom realities. For a she-ram, levirate is forbidden and ḥalîṣah unnecessary. The same argument in Babli Bekhorot 19b; a detailed discussion in Tosaphot ad. loc., s. v. איש.. As you say there, even though she already performed ḥalîṣah, she again performs ḥalîṣah; so here also though she did perform ḥalîṣah, she performs ḥalîṣah¹³If ḥalîṣah was performed early, against the rules, it has to be performed again after the three months have passed but, in case this was not done, the first ḥalîṣah is valid..

The deaf-mute. ¹⁰This text also appears in Terumot1:2, Notes 94–102 (ת), Yebamot 12:5, Note 104 (י). The colleagues in the name of Rebbi Eleazar: So they should hear and learn¹¹Deut. 31:12.. So far one who speaks but cannot hear; what about one who hears but cannot speak? Rebbi Ila in the name of Rebbi Eleazar: So they should learn, so they should teach¹²Excluding the mute who cannot teach. Babli 3a.. Rebbi Jonah said, this means that the principles of Rebbi are no principles, since we have stated¹³Mishnah Terumot 1:2.: “A ḥereš who speaks and does not hear should not give heave” and we thought that one who speaks but does not hear is ḥereš, one who hears but does not speak is [not]¹⁴To be deleted as shown by the parallel texts. ḥereš. But we have stated:¹⁵Mishnah Yebamot 12:5. “Ḥaliṣah is invalid if performed for a ḥereš man, or by a ḥereš woman, or by a woman for an underage male.” And Rebbi Joḥanan said, because they cannot say he shall say¹⁶Deut. 25:8., she shall say¹⁷Deut. 25:9. Without these declarations the procedure is invalid. Therefore the deaf but not mute may participate in valid ḥaliṣah. Babli Yebamot104b.. We also have stated¹³Mishnah Terumot 1:2.: “A ḥereš mentioned anywhere by the Sages is a deaf-mute.” This supports Rebbi Jonah, for Rebbi Jonah said that the principles of Rebbi are no principles¹⁸Since the use of ḥereš as a technical term is inconsistent in the Mishnah..

There⁹⁶Mishnah Ḥagigah 1:1. The “appearance” is the assembly of all of Israel at the feast of Tabernacles during the Sabbatical year (Deut. 31:10–13); one derives from this the rules of appearance at all festivals of pilgrimage., we have stated: “Everybody is obligated for appearance except the deaf-mute, the insane, and the minor.” The colleagues in the name of Rebbi Eleazar (Deut. 31:12): “So they should hear and learn⁹⁷The spelling is not masoretical..” So far one who speaks but cannot hear; what about one who hears but cannot speak⁹⁸He should be obligated.? Rebbi La in the name of Rebbi Eleazar (Deut. 31:12): “So they should learn,” so they should teach⁹⁹The first conjugation verb could also be vocalized as a causative. The same argument is given in the Babli (Ḥagigah 3a) where it is noted that the second clause, “and learn”, would be superfluous if one excluded only the deaf but not the mute.. Rebbi Jonah said, this means that the principles of Rebbi are no principles¹⁰⁰In the language of the Babli: One does not make inferences from general principles, even when the exceptions are enumerated., since we have stated: “A ḥereš who speaks but cannot hear should not give heave,” and we thought that one who hears but does not speak is ḥereš, one who speaks but does not hear is not⁹⁴Reading of the parallel in Ḥagigah 1:1 (fol. 75d). ḥereš¹⁰¹Since he is not mentioned in the Mishnah.. But we have stated¹⁰²Mishnah Yebamot 12:5, speaking of the ceremony of ḥaliẓah, the taking off of one shoe, which frees the widow of a childless man from having to marry her brother-in-law (Deut. 25:4–10). The formalized statements by widow and brother-in-law before the court as described in the verses are an integral part of the proceedings.: “The ḥereš whose shoe was taken off, the female ḥereš who took off the shoe, and she who takes off the shoe of a minor, all performed invalid ceremonies.” And Rebbi Joḥanan said, because they cannot say (Deut. 25:8): “he shall say”, (Deut. 25:7,9) “she shall say.¹⁰³Hence, the person who is deaf but not mute can perform a valid procedure. This is also the position of the Babli, Yebamot 104b.” We also have stated: “A “deaf person” mentioned anywhere by the Sages is a deaf-mute¹⁰⁴This contradicts the formulation of the Mishnah in Yebamot..” This supports Rebbi Jonah, for Rebbi Jonah said, this means that the principles of Rebbi are no principles.