During a traditional wedding ceremony, the groom makes a formal declaration that he is making the bride his wife with a ring "הרי את מקודשת לי..." and then gives her the ring . Obviously if the groom is unable to speak, he cannot make this statement. What happens in such a case? Has this scenario ever been asked about (where a mute man wanted to marry) and what was the determined course of action?
Answer
The implication of the Mishna (Ma'aser Sheni 4:7) is that a formal declaration is not necessary, and context suffices:
היה מדבר עם האשה על עסקי גיטה וקדושיה ונתן לה גיטה וקדושיה ולא פירש רבי יוסי אומר דיו.
This is the halakha as recorded by Rambam (Hilkhot Ishut 3:8) and the Shulhan Arukh (EH 27:1).
Accordingly, a mute could get married without difficulty by simply clarifying through context that that is what he is doing.
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