Julian Ungar-Sargon

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Daf Ditty

A wide-ranging commentary on the daily page of Talmud.

Yevamot 113: Divorcing an Incompetent Wife

jyungar June 28, 2022

For the source text click/tap here: Yevamot 113

To download, click/tap here: PDF

Our daf ends with a discussion about consent. We know that a competent woman is not required to consent to her divorce.

But a woman who is deaf and mute is not to be divorced at all. How does consent work in these cases, comparatively? The rabbis argue about who might be protected via consent.

Rabeinu Tam explains that inability to divorce a שוטה applies only where the insane woman has no father. If she does have a father, the divorce will be effective, because the father appreciates the value of the document, and he will also prevent her from returning to the former husband.

We further explore the notion of competence in divorce proceedings and an incapacitated spouse.

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Julian Ungar-Sargon

This is Julian Ungar-Sargon's personal website. It contains poems, essays, and podcasts for the spiritual seeker and interdisciplinary aficionado.​