משנה: שְׁנֵי אַחִין פִּקְחִין נְשׂוּאִין לִשְׁתֵּי אֲחָיוֹת אַחַת חֵרֶשֶׁת וְאַחַת פִּיקַּחַת מֵת פִּיקֵּחַ בַּעַל הַחֵרֶשֶׁת מַה יַעֲשֶׂה פִּקֵּחַ בַּעַל הַפִּיקַּחַת תֵּצֵא מִשּׁוּם אֲחוֹת אִשָּׁה. מֵת פִּקֵּחַ בַּעַל הַפִּיקַּחַת מַה יַעֲשֶׂה פִּיקֵּח בַּעַל הַחֵרֶשֶׁת. מוֹצִיא אִשְׁתּוֹ בְגֵט וְאֶשֶׁת אָחִיו בַחֲלִיצָה. MISHNAH: Two hearing brothers married to two sisters, one deaf-mute and one hearing. If the hearing [brother] married to the deaf-mute wife died, what shall the hearing [brother] married to a hearing wife do? [The widow] has to leave as the wife’s sister. If the hearing [brother] married to the hearing wife died, what shall the hearing [brother] married to the deaf-mute wife do? He removes his wife by a bill of divorce and his brother’s widow by ḥalîṣah35Here again, the claim of the biblically married widow is stronger than that of the rabbinically married wife; but since he had rabbinically married the sister, the widow is rabbinically forbidden to him..
הלכה: שְׁנֵי אַחִים פִּקְחִים כול׳. צָרָתָהּ מָהוּ. נִישְׁמְעִינָהּ מִן הָדָא. בִּתּוֹ חֵרֶשֶׁת נְשׂוּאָה לְאָחִיו פִּקֵּחַ. צָרָתָהּ חוֹלֶצֶת וְלֹא מִתְייַבֶּמֶת. HALAKHAH: “Two hearing brothers,” etc. What about her co-wife36This refers to a co-wife of the deaf-mute sister married to a hearing brother.? Let us hear from the following: If his deaf-mute daughter was married to his hearing brother, her co-wife performs ḥalîṣah but not levirate37She cannot be freed automatically since her co-wife’s marriage was not valid by biblical standards..