Gittin 71A

אלא בפירי.

Rather, it means that the court asks him questions with regard to produce that is not found during that season.

אמר רב כהנא אמר רב: חרש שיכול לדבר מתוך הכתב, כותבין ונותנין גט לאשתו. אמר רב יוסף: מאי קא משמע לן? תנינא: נשתתק, ואמרו לו: ״נכתוב גט לאשתך?״ והרכין בראשו, בודקין אותו שלשה פעמים, אם אמר על לאו ⁠– ״לאו״, ועל הן ⁠– ״הן״, הרי אלו יכתבו ויתנו.

Rav Kahana says that Rav says: With regard to a deaf-mute who can express himself through writing, the judges of the court may write and give a bill of divorce to his wife based on his written instructions. Rav Yosef said: What is he teaching us? We already learned in the Mishnah: In a case where the husband became mute, and the members of the court said to him: should we write a bill of divorce for your wife, and he nodded his head indicating his agreement, they examine him with various questions 3 times. If he responded to questions that have a negative answer: No, and responded to questions that have a positive answer: Yes, indicating his competence, they should write the bill of divorce and give it to his wife based on the nod of his head.

אמר ליה רבי זירא: אלם קאמרת? שאני אלם ⁠– דתניא: מדבר ואינו שומע ⁠– זהו חרש, שומע ואינו מדבר ⁠– זהו אלם, וזה וזה הרי הן כפקחין לכל דבריהם.

R' Zeira said to him: A mute, you say? Is your challenge based on the Mishnah which discusses one who is mute? A mute is different because it is clear that his mind is intact. As it is taught in a baraita (Tosefta, Terumot 1:2): With regard to one who speaks but cannot hear, this individual is categorized as a deaf person. With regard to one who hears but cannot speak, this individual is categorized as a mute person, and both this one and that one are considered to be like halakhically competent people with regard to all their matters. Rav Kahana stated his ruling with regard to one who can neither hear nor speak. This goes beyond the halakha of the Mishnah, as Rav Kahana says that the written statement of a deaf-mute is an indication of his mental competence.