משנה: שְׁנֵי אַחִין אֶחָד חֵרֵשׁ וְאֶחָד פִּיקֵּחַ נְשׂוּאִין לִשְׁתֵּי אֲחָיוֹת אַחַת חֵרֶשֶׁת וְאַחַת פִּיקַּחַת מֵת חֵרֵשׁ בַּעַל הַחֵרֶשֶׁת מַה יַעֲשֶׂה פִּקֵּחַ בַּעַל הַפִּיקַּחַת תֵּצֵא מְשּׁוּם אֲחוֹת אִשָּׁה. מֵת פִּקֵּחַ בַּעַל הַפִּיקַּחַת מַה יַעֲשֶׂה חֵרֵשׁ בַּעַל הַחֵרֶשֶׁת מוֹצִיא אִשְׁתּוֹ בְגֵט וְאֶשֶׁת אָחִיו אֲסוּרָה לְעוֹלָם. MISHNAH: Two brothers, one deaf-mute and one hearing, married to two sisters, one deaf-mute and one hearing. If the deaf-mute [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 deaf-mute [brother] married to the deaf-mute wife do? He removes his wife by a bill of divorce; his brother’s wife is permanently forbidden34The widow was married by biblical standards. She now is a candidate for levirate with the deaf- mute brother by biblical standards. Her biblical claim to the levir is stronger than the rabbinic claim of her deaf-mute sister. Therefore, from the moment of the hearing brother’s death, the deaf-mute sister is forbidden to her husband as sister of a quasi-wife. The widow herself cannot be helped. She cannot be married in levirate since her levir is incapable of marrying by biblical standards. She cannot be freed to marry another man since her levir is incapable of performing ḥalîṣah..
הלכה: שְׁנֵי אַחִין אֶחָד חֵרֵשׁ כול׳. צָרָתָהּ מָהוּ. נִישְׁמְעִינָהּ מִן הָדָא. בִּתּוֹ חֵרֶשֶׁת נְשׂוּאָה לְאָחִיו חֵרֵשׁ. צָרָתָהּ פְטוּרָה מִן הַחֲלִיצָה וּמִן הַיִיבּוּם. HALAKHAH: “Two deaf-mute brothers,” etc. What about her co-wife38The co-wife of the deaf-mute wife of the deaf-mute brother. She has no claim on the hearing brother married to a hearing wife.? Let us hear from the following: If his deaf-mute daughter was married to his deaf-mute brother, her co-wife is free from ḥalîṣah and levirate.