The Defective in Jewish Law And Literature a Paper Read Before the New York Bo
The Defective in Jewish Law And Literature a Paper Read Before the New York Bo
Joel Blau
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Yad, Gerushin VII, 19. "Yevamoth 112b; Maim. Yad, Ishuth IV, 9. 47 Yevamoth 113a; Maim, ibid. , XI, 4. This seemingly cruel provision is explained as facilitating the marriage of a deaf- mute woman. Jewish Law and Literature 15 she or he be deafmute, take place by Remizah sign- language. 48 But if a deafmute man can write, he must give a Get* 9 Deafmutes, however, must be examined as to whether they understand the nature of the act. 80 The Rabbis, however, have made no provision for the marriag...e of the feeble-minded and insane. 51 "Lo tikkenu lahen rabbanan nissuin. " As to the special divorce regulations applying to the deafmute and the mentally defective, the following is to be noted : If a woman who was normal at the time of her marriage becomes deafmute afterwards, the hus- band has the alternative of either retaining or divorcing her ; but if a man who was normal at the time of his marriage becomes deafmute afterwards, he cannot divorce her. 82 But if a woman who was sane at the time of her marriage becomes afterwards irrational, the husband cannot divorce her.
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