Halakhah zu Bereschit 21:4

All are fit to be an agent for betrothal except the deaf-mute,²¹In Jewish legislation deaf and dumb persons are frequently classed with minors and insane people and are considered unable to enter into some transactions requiring responsibility and will. The deaf-mute as well as the deaf or mute was not competent to be a witness to any transaction; for all testimony was given by word of mouth and the witnesses had to be able to hear the exhortation of the court. insane, and minor because they are lacking mental capacity, and the Gentile because he is not a son of the covenant²²This refers to one who is considered Jewish. The identifying mark of the male would be the circumcision. Circumcision is a religious rite performed on all male children of Jews on the eighth day after birth. It was commanded by God to Abraham (Gen. 17:10-14, Gen. 21:4) and his descendents as a “token of the covenant.” The penalty for non-observance was “Karet,” according to Rabbinic interpretation, a punishment by God. and the slave for he is not within the laws of betrothal. [Note: There are those who say that the first agent is able to appoint a second agent (Halachot, R. Mordechai Ben Hillel, Chapter “Hamekabel” in the name of some anonymous Rabbis) if he transmits to him the betrothal money or object that the owner transmitted to him, but if the owner did not transmit to him the betrothal money but only commanded him to betroth with any money he might want, he cannot appoint an agent. And there are those who say that in all cases the first agent cannot appoint a second agent (Hagahot Mordechai, Chapter Haish Mekadesh). If he sends a document through a non-Jew to an Israelite friend who is in another place and appoints him to be an agent to betroth him a woman there are those who say that the law is like in Gittin;²³Name of a treatise of the Mishnah, elaborated in the Palestinian and Babylonian Gemaras. It belongs to the third, out of six orders, “Nashim” (woman). While the name of the treatise signifies “documents” it is specifically applied to bills of divorce and only incidentally refers to other documents. and there are those who say that (as is explained below, Chapter 141) (Rabenu Yerucham) all agree that with regard to kidushin she is consecrated according to biblical law. (Thus it is written in Bet Yosef.)]