Vayeilech 31:12 · unit 2

English: they are obligated in rejoicing. And one who does not hear and does not speak, an imbecile, and a minor are all exempt even from rejoicing, since they are exempt from all the mitzvot mentioned in the Torah. The Gemara asks: What is different with regard to the mitzva of appearance, that a deaf person and a mute are exempt from this mitzva? And what is different with regard to the mitzva of rejoicing, that they are obligated? The Gemara explains: With regard to their exemption from the obligation of appearance, the tanna derives this halakha by means of a verbal analogy between the term appearance stated with regard to the mitzva of appearance at the Temple on the pilgrim Festival and the term appearance stated with regard to the mitzva of assembly, i.e., the obligation to assemble in the Temple on Sukkot in the year following the Sabbatical Year. As it is written, with regard to the mitzva of assembly: “Assemble the people, the men and the women and the little ones” (Deuteronomy 31:12), and it is written in that context: “When all of Israel come to appear” (Deuteronomy 31:11). Just as a deaf person and a mute are not obligated to attend the assembly, they are likewise exempt from appearing in the Temple on the Festivals. The Gemara asks: And there, with regard to the mitzva of assembly, from where do we derive that a deaf person and a mute are exempt? As it is written there: “That they may hear, and that they may learn” (Deuteronomy 31:12), and it is taught in a baraita that the phrase “that they may hear” excludes one who speaks but does not hear; and the phrase “and that they may learn” excludes one who hears but does not speak, as he is unable to learn. The Gemara asks: Is that to say that one who is not able to speak is not able to learn? But consider the following incident. There were two mute people who were in the neighborhood of Rabbi Yehuda HaNasi. They were the sons of the daughter of Rabbi Yoḥanan ben Gudgeda, and some say that they were the sons of the sister of Rabbi Yoḥanan ben Gudgeda. Whenever Rabbi Yehuda HaNasi would enter the study hall they would also enter and sit before the Sages, and they would nod their heads as if they understood and move their lips. And Rabbi Yehuda HaNasi prayed for God to have mercy upon them, and they were healed. And it was discovered that they had learned and were proficient in halakha, i.e., Mishna; Sifra, the halakhic midrash on Leviticus; Sifrei, the halakhic midrash on Numbers and Deuteronomy; and the entire Talmud. This shows that those who cannot speak are able to learn. Mar Zutra said that one should read into the verse: That they may teach [yelamdu], instead of: “That they may learn [yilmedu]” (Deuteronomy 31:12). Even if a mute person is able to learn he cannot teach others.