[110a - 47 lines; 110b - 52 lines]
1)[line 2]על דעת קדושין הראשונים הוא בועלAL DA'AS KIDUSHIN HA'RISHONIM HU BO'EL- his mindset is that his relations are a continuation of his original marriage
2)[line 4]קדשה... כנסהKIDSHAH ... KANSAH (ERUSIN / NISU'IN)
(a)The first stage of Halachic marriage is called Kidushin (betrothal). Kidushin can be accomplished in one of three ways:
1.Kesef - A man can be Mekadesh a woman through giving her money or anything equal in value to a Perutah (a very small coin). Upon doing so, he must proclaim, "Harei At Mekudeshes Li b'(-----) Zu" - "Behold you are betrothed to me through this (-----)".
2.Shtar - A man can be Mekadesh a woman through giving her a marriage document. This may be written upon any surface, and need not be of any specific value. The words "Harei At Mekudeshes Li b'Shtar Zeh" must be written upon the Shtar.
3.Bi'ah - A man can be Mekadesh a woman through having relations with her. At that time, he must proclaim, "Harei At Mekudeshes Li b'Bi'ah Zu." Because Kidushin requires witnesses, the Chachamim strongly condemned anyone who uses this method of Kidushin.
(b)The Torah refers to this stage of marriage as "Eirusin" (Devarim 22:23). The term "Kidushin" is used by the Rabanan in order to connote that just as everyone is prohibited to benefit from Hekdesh (an object sanctified to the service of HaSh-m), through Kidushin a woman becomes prohibited to everyone in the world save her husband (Kidushin 2b; see also Tosfos 7a DH v'Nifshetu). Although a man and women are married after Kidushin, they may not yet live together as man and wife.
(c)The second stage of Halachic marriage - the completion of the marriage - is termed Nisu'in. This is accomplished through Chupah. Chupah is never clearly described in the Gemara, and various opinions are offered by the Rishonim as to what exactly it entails (see Insights to Kesuvos 57:1). The general idea behind Chupah is that the groom brings his wife into his house. After the Chupah is performed, the marriage is complete.
3)[line 5]כנסה סתםKANSAH STAM- if he married her without re-specifying [the condition upon which he betrothed her]
4)[line 5]צריכה הימנו גטTZERICHAH HEIMENU GET- she requires a divorce document from him [even if the condition is not upheld]
5)[line 7]נסבהNASBAH- he married her
6)[line 7]אחולי אחליה לתנאיהACHULEI ACHALEI L'TANA'EI- he released her from his condition
7)[line 16]עובדאUVDA- an occurrence
8)[line 17]נרשNARASH- Narse, a town in Bavel
9)[line 18]אותביה אבי כורסייאOSVEI A'BEI KURSAYA- he sat her in a sedan chair (a closed, one-person litter). This was the way in which a bride was customarily escorted to her wedding. Our Gemara understands that the husband and wife under discussion decided to have a formal re-marriage when they were able to do so mid'Oraisa.
10)[line 18]חטפה מיניהCHATFAH MI'NEI- he grabbed her from [her husband and married her himself]
11)[line 22]שלא כהוגןSHE'LO K'HOGEN- improperly
12)[line 23]אפקעינהוAFKE'INHU- they [retroactively] removed
13)[line 25]תינח דקדיש בכספאTEINACH D'KADISH B'CHASPA (HEFKER BEIS DIN HEFKER)
(a)The Chachamim have the authority, when they deem it necessary, to declare any property Hefker (ownerless). The Rishonim and Acharonim discuss whether Beis Din have the ability to merely remove ownership from any given item, or if they can even place the object in the another's possession.
(b)In our Gemara, Ravina understands that through the application of this principle, the Chachamim can retroactively undo any marriage predicated upon a betrothal established through a gift of monetary value (see above, entry #2:a:1). This is accomplished by declaring that the object of value was not his to give, resulting in her having received a standard gift rather than having become betrothed.
14)[line 26]שויוה רבנן לבעילתו בעילת זנותSHAVYUHA RABANAN L'VE'ILASO BE'ILAS ZNUS (KOL D'MEKADESH A'DAITA D'RABANAN MEKADESH)
(a)Under certain circumstances, the Chachamim render a betrothal which is valid mid'Oraisa retroactively annulled. They have this ability due to the principle of "Kol d'Mekadesh a'Da'ata d'Rabanan Mekadesh." This principle states that when one betroths a woman (see above, entry #2), it may be assumed that he does so bearing in mind that if at any time, for any reason, the Chachamim do not approve of his Kidushin, than it should become retroactively invalid (see Insights to Kesuvos 3:1).
(b)This jurisdiction covers even cases in which one makes it clear prior to his marriage that he does not wish his betrothal subject to the approval of the Chachamim, as no individual has the authority to so exempt himself (RITVA). It is due to this principle, however, that the universal custom in Klal Yisrael is to pronounce every Kidushin performed to be "k'Das Moshe v'Yisrael" - "in accordance with Torah law and Rabbinic protocol" (Rashi and other Rishonim).
(c)Situations in which the Chachamim take such a measure include those in which they deem it necessary in order to protect the husband or wife from the effects of a Get or Kidushin which may cause them emotional torment. Some Rishonim maintain that Kol d'Mekadesh a'Da'ata d'Rabanan Mekadesh comes into play in certain cases in which evidence exists that the husband has died, although it is not up to the standards required mid'Oraisa to declare the marriage over (RASHI Shabbos 155b).
(d)A Kidushin is generally retroactively uprooted only when a Get (divorce document) has been granted, and yet is not valid mid'Oraisa. (RASHI, RASHBA, and other Rishonim). There are certain circumstances in which the Chachamim see fit to annul the Kidushin immediately (as opposed to retroactively) due to that which the Kidushin were performed improperly. In such cases a Get need not have been presented. Rav Ashi explains that the case described in our Gemara is one such case. Even a Kidushin accomplished through marital relations can be uprooted retroactively by the Chachamim, since "Shavyuha Rabanan l'Ve'ilaso Be'ilas Znus" - "The Rabanan transform his relations into relations of amoral behavior". There are those who understand that it is not necessary to invoke the principle of "Kol d'Mekadesh" in such cases; since the Kidushin has been carried out unjustly, the Chachamim have the ability to directly override the Torah law (See TOSFOS to Bava Basra 48b DH Teinach.)
15)[line 27]הלכה כרבי אליעזרHALACHAH K'REBBI ELIEZER- the Halachah follows the opinion of Rebbi Eliezer (as opposed to those of Raban Gamliel or Rebbi Yehoshua in our Mishnah)
16)[line 29]שתי יתומות קטנותSHTEI YESOMOS KETANOS- two female orphans under the age of twelve [who are unrelated to each other]
17)[line 30]מתMES- he dies [childless]
18)[line 31]חרשותCHARESHOS- women who are deaf-mutes [and who may only marry mid'Rabanan since they are Halachically considered to be lacking in mental capabilities (much like a Ketanah)]
19)[line 33]פקחתPIKACHAS- a woman in full control of her mental faculties
20)[line 37]וחרשת בת חליצה היא?V'CHARESHES BAS CHALITZAH HI?- is it possible for a Yevamah who is a deaf-mute to perform Chalitzah? Our Mishnah implies so when it equates the case of two minors who are married mid'Rabanan - and for whom Chalitzah is possible (when they are older (RASHI; see also TOSFOS DH v'Chareshes) - with that of two deaf-mutes.
21)[line 39]חליצתה פסולהCHALITZASAH PESULAH- her Chalitzah is invalid [and she may no longer perform Yibum, although she is not yet permitted to marry another without a proper Chalitzah]
22)[line 40]אביאהA'BIA'H- [the comparison between the two cases only] extends as far as [that which] relations [of Yibum with one frees the other from the Zikah bond]
23a)[line 41]כאן בחרשת מעיקראKAN B'CHARESHES ME'IKARA- [when the Mishnah] here [states that it is possible to perform Chalitzah with a Yevamah who is a deaf-mute it refers to] a woman who was a deaf-mute from before [her marriage]
b)[line 41]כאן בפקחת ואח"כ נתחרשהKAN B'FIKACHAS V'ACHAR KACH NISCHARSHAH- [when the Mishnah] here [states that it is not possible to perform Chalitzah with a Yevamah who is a deaf-mute it refers to] a woman who had her full range of senses [before her marriage] and [only] afterward became a deaf-mute
24)[line 42]כי היכי דעל, הכי נפקKI HEICHI D'AL, HACHI NAFAK- in the manner through which she entered [into the marriage mid'Rabanan using gestures], so she leaves [through Chalitzah mid'Rabanan using gestures (as opposed to speech, which is necessary for a Chalitzah mid'Oraisa)]
25)[line 43]מעכבא בה קרייהME'AKVA BAH KERIYAH- [that which she is unable to] read [the necessary verses] prevents her [from performing a Chalitzah mid'Oraisa] (see 104b and Insights here)
26)[line 45]נכריותNOCHRIYOS- women unrelated to each other
27)[line 45]אחת פקחת ואחת חרשתACHAS PIKACHAS V'ACHAS CHARESHES- one of whom is normal [married to the normal brother] and one of whom is a deaf-mute [married to the brother who is a deaf-mute]
28a)[line 46]כונסKONES- he must marry her [through Yibum, since Chalitzah is impossible with a Yevamah who is a deaf-mute]
b)[line 46]ואם רצה להוציא יוציאV'IM RATZAH L'HOTZI YOTZI- and he may then divorce her if he so wishes
29a)[line 47]כונסKONES- he must marry her [through Yibum, since a deaf-mute cannot perform Chalitzah]
b)[line 46]ואינו מוציא לעולםV'EINO MOTZI L'OLAM- and he may never divorce her [since the Yibum - which does not require Da'as (mental capability) - takes effect mid'Oraisa, whereas he is unable of presenting her with a Get (divorce document) that is valid mid'Oraisa]
110b----------------------------------------110b
30)[line 1]פקחת ואחר כך נתחרשהPIKACHAS V'ACHAR KACH NISCHARSHAH- she [along with her husband] was normal [when they married] and [only] subsequently [did they] become deaf-mute [in which case their marriage was valid mid'Oraisa]
31a)[line 9]מידי איריא?MIDI IRYA?- is this a proof?
b)[line 9]הא כדאיתא והא כדאיתא!HA KED'ISA V'HA KED'ISA!- This [case of the Pike'ach] is unique unto itself, and the other [of the Pikachas] is unique unto itself!
32)[line 13]תצא משום אחות אשהTETZEI MI'SHUM ACHOS ISHAH- she goes out [of the Zikah bond with her Yavam] since she is [forbidden to him as] his sister's wife (see the first Mishnah and Gemara of the Maseches)
33a)[line 15]מוציא את אשתו בגטMOTZI ES ISHTO B'GET- he must divorce his wife with a divorce document [since he is married to his wife only mid'Rabanan, while she is the sister of she who is his Yevamah mid'Oraisa (Achos Zekukaso)]
b)[line 15]ואשת אחיו אסורה לעולםV'ESHES ACHIV ASURAH L'OLAM- and his brother's wife will be forever forbidden [to marry anyone; he cannot perform Yibum with her since she is the sister of his former wife mid'Rabanan, and he cannot perform Chalitzah since he is a deaf-mute]
34)[line 17]מי מצי מפיק?MI MATZI MAPIK?- is he able to divorce his wife?
35a)[line 18]נתחרשה, יוציאNISCHARSHAH, YOTZI- if she becomes a deaf-mute [after the marriage], he may [still] divorce her [since her acquiescence is not required]
b)[line 18]נשתטית, לא יוציאNISHTATIS, LO YOTZI- - if she becomes deranged [after the marriage], he may not divorce her [mid'Rabanan, since she is unable to look after herself and men may take liberties with her]
36)[line 19]לא יוציא עולמיתLO YOTZI OLAMIS- he may never divorce [his wife since he is not Halachically considered mentally capable of doing so]
37)[line 23]אישתיקISHTIK- [Rabah] fell silent
38)[line 23]כי אתאKI ASA- when [Abaye] came
39)[line 24]מ"ט תותביה מהא?MAI TA'AMA TOSVEI ME'HA?- why did you attempt to disprove [the opinion of Rava] from that [part of the Mishnah (112b)]?
40)[line 32]הרי אלו פטורות מן החליצה ומן הייבוםHAREI ELU PETUROS MIN HA'CHALITZAH U'MIN HA'YIBUM- all of [the widows in] these [cases] require neither Chalitzah nor Yibum [in order to be free to marry whomever they please, since their sisters are married to their brothers-in-law, and the Chachamim who allow these marriages wish for them to function as marriages mid'Oraisa would]
41)[line 33]יכנוסוYICHNOSU- they must marry them [through Yibum; Chalitzah is not an option since either the Yavam, Yevamah, or both are deaf-mutes]
42)[line 39](אינהו) [אינהי](INHU) [INHI]- they (i.e. their wives)
43)[line 43]חתניהCHASNEI- his son-in-law
44)[line 43]קמקוו אקוותאKAMEKAVU AKVASA- (a) they gathered students around them (RASHI, first explanation); (b) According to the Girsa KAMEKAHU AKHASA - they answered each other's questions (RASHI, second explanation); (c) they asked each other questions (RABEINU CHANANEL, cited in TOSFOS DH v'Kamekavu)
45)[line 44]בשוקא דפומבדיתאB'SHUKA D'PUMBEDISA- in the marketplace of Pumbedisa, a city in Bavel
46)[line 46]דאתיא לכלל דיעהD'ASYA LI'CHLAL DEI'A- for she will eventually reach full mental maturity
47)[line 48]בת מיניה היאBAS MINEI HI- she has the same status that he does
48)[line 48]אמינא להו אנאAMINA L'HU ANA- I (Rav Nachman) told them
49)[line 49]כיצד תקנתן?KEITZAD TAKANASAN?- [since Yibum with one will not affect the other,] how can they be freed [of the Zikah bond]?
50)[line 50]מוציאה בגט... תחלוץMOTZI'AH B'GET... TACHALOTZ- He may not marry both, since one is not permitted to perform Yibum with the two wives of his brother in a normal situation of Zikah (44a). Furthermore, he may not marry the second one only, since one is not normally permitted to perform Yibum with one of his brother's wives after performing Chalitzah with the other (ibid.). Since Chalitzah is impossible with the deaf-mute, his only recourse is to marry her, divorce her, and then perform Chalitzah with the minor when she becomes of age.
51a)[line 51]חרשת קנויה ומשויירתCHARESHES KENUYAH U'MESHUYERES- the marriage bond (mid'Rabanan) of a woman who is a deaf-mute is incomplete
b)[line 51]קטנה קנויה ואינה קנויהKETANAH KENUYAH V'EINAH KENUYAH- the marriage bond (mid'Rabanan) of a woman who is a minor is in a state of doubt [since (a) she may be Mema'enes at any point and uproot the marriage retroactively (RAMBAM Hilchos Yibum 5:23); (b) we are unsure whether the Chachamim declared such a marriage to be a complete marriage mid'Rabanan or only a permitted arrangement but not a real marriage mid'Rabanan (RASHBA, Teshuvos 1:1204). Therefore, her marriage bond may be stronger than or weaker than that of the Chareshes.]
52)[line 51]דאי ס"ד...D'IY SALKA DAITACH...- It cannot be that their marriage bonds are equally partial, since in that case the Yibum of one should affect the other. It also cannot be that they are equally in doubt, since if this were so then if he had Yibum relations with the two in succession then he should be permitted to remain with the first no matter what, as the Gemara goes on to explain. However, the next Mishnah (111a) states that in such a case he may remain with neither.