Tag Info

Hot answers tagged

14

Indeed he can't perform yibbum - he would have to perform chalitzah instead. The reason is that while yibbum is a positive mitzvah, it's opposed by the positive mitzvah to marry a virgin (Lev. 21:13) and the negative mitzvah to not marry a widow (ibid. :14) - and a positive mitzvah can't override a positive plus a negative one. Even if the original marriage ...


10

כִּי אֵל רַחוּם יְהוָה אֱלֹהֶיךָ, לֹא יַרְפְּךָ וְלֹא יַשְׁחִיתֶךָ; וְלֹא יִשְׁכַּח אֶת-בְּרִית אֲבֹתֶיךָ, אֲשֶׁר נִשְׁבַּע לָהֶם. (דברים ד:לא)‏ For the LORD thy God is a merciful God; He will not fail thee, neither destroy thee, nor forget the covenant of thy fathers which He swore unto them. (Deuteronomy 4:31)


10

Yes. However, it's not considered "real" yibbum; any relations that they have until he reaches the age of majority (13 years old) don't change that status. (So if they don't have relations after he reaches that age, then dissolving this marriage requires both a get and chalitzah. On the other hand, if they are intimate after he reaches age 13, then the ...


8

Great question! This can be understood Cabalistically based on the idea that the soul of the deceased transmigrates into the new child. As such the soul of Machlon has passed into this child so that in a manner of speaking this is a child to Naomi. (cf. Likuetei Moharan 21:6) Furthermore note that during the discussion between Rus and Naomi about visiting ...


7

Bamidbar 27:3, quoting Tz'lofchad's daughters, who were seeking land in Israel: אָבִינוּ מֵת בַּמִּדְבָּר וְהוּא לֹא הָיָה בְּתוֹךְ הָעֵדָה הַנּוֹעָדִים עַל ה׳ בַּעֲדַת קֹרַח כִּי בְחֶטְאוֹ מֵת…‏ Our father died in the desert; he was not among the group who met against God in the group of Korach, but died for his own sin… The Sifre (ad loc.) ...


7

Yevamos 41a - Mishna says that a Yevama should not do Chalitza or Yibum until three months have passed. Thus the waiting period is applicable also in a case of Yibbum.


6

A gentile brother of a Jew (say the Jew is a convert) wouldn't be obligated in yibbum because he was never obligated in Torah. Even if he somehow were, the Jew is no longer his brother, halachically speaking, so yibbum wouldn't apply. (Per @DoubleAA, see Rambam: Issurei Biah 14:11-12 and in English.) And yibbum is a mitzvah that applies to individuals, ...


6

I would say that this is a question of the definition of testimony. We have the halachos in a number of places, including the talmud and Rambam hilchos Yibum, hilchos gittin, and hilchos nashim, about the circumstances as to who is believed if they come before bais din and testify that a person is dead. The implication of all of these is that the witness is ...


6

ArtScroll comments on this situation. Consider the case of two twins, conceived before the conversion but born after the conversion. Thus the case in the mishnah in which one is conceived before the conversion and one afterward is one of maternal but not paternal brothers (as if they were fathered by two different men). This is the same as the case of a ...


6

If the child is the deceased brother's, then Yibbum does not apply and the brother-in-law and her are biblically forbidden to marry each other. Thus, they must wait (ShA EH 164:1). Paternity is also important in determining who the child is related to regarding Arayot, in cases where the husband and brother are of different lineage (eg. the husband was a ...


6

In 1724, Rabbi Yaakov Reischer was approached by a woman named Chavah in this predicament: her deceased husband's only remaining brother Yissachar had a deformity on his foot which prevented Chalitza being done. He ruled that Yibbum must be performed, and that R Gershon's prohibition on polygamy does not apply where it would leave one party unable to ever ...


5

There is a dispute of the Rishonim as to whether or not daughter in law is a relationship prohibited to Noahides (Ramban vs. Rashba). The Ramban (to Yevamos 98a) holds that Noahides have no prohibition of relationships with relatives who are not blood relatives. He brings a proof to this from the fact that Yehuda absolved Tamar upon discovering her ...


5

Indeed, the woman (the yevama) cannot marry out of the family before either Yibbum or Chalitza (Devarim 25:5, Rambam Negative Command #357). The brother (the yavam) can in principle take as long as he wants, but doing so is rather rude as it leaves the yevama essentially as an agguna (unable to remarry). As with a spouse who doesn't want to give/receive a ...


4

Hm. Just thinking out-loud. Chalitza is publicly shaming the brother-in-law. Haman was hoping to have himself publicly praised, but instead got himself publicly shamed. There's another strong parallel between the chalitza verses and the Shushan-ride verses -- the word "chafetz", or "desire." "Who the king desires to honor" (in Esther), "I don't desire to ...


4

Rabbeinu Tam (who technically allows her to eat Terumah) is talking about a Shomeres L'bias Heter (at least MedRabanan (see Rambam Hil. Terumah end of Chap. 7)), but in the case of the KG she is Shomeres L'bias Issur Shel Torah and does not eat Terumah (Rambam ibid 7:21). We do not find that RT holds that Zeikas Yovom that is Ossur Min Hatorah is considered ...


4

The Rambam deals with this situation as with many others Yibbum vChalitzah - Chapter Two The quoted sections below should answer your questions. It appears that the choice is completely with the brother(s). Also note that if a brother jumps in and performs chalitzah (or yibum) the other brothers cannot do anything about that. The Rambam also deals with cases ...


4

I'm basing this off of some things that I learned from R' Tzvi Berkowitz. I don't recall his sources, so he'll just be my source. The mitzvah of Yibbum is building off of the relationship that existed between the deceased brother and his wife. This is why the yavam can "marry" the yevama even בעל כרחה (against her will) and even שלא מדעת (without ...


3

Yevamos 39b: אבא שאול אומר הכונס את יבמתו לשם נוי ולשום אישות ולשום דבר אחר כאילו פוגע בערוה וקרוב אני בעיני להיות הולד ממזר Not l'shem mitzvah means doing Yibbum for the beauty of the woman, for marriage, or for "something else" (which could either literally mean any other reason, or could be a euphemism for intimate relations). This is presumably a ...


3

According to the Zohar (it is about a fifth of the way through the section read at a Brit Yitzhak, - you can see it here, the line starting with the words אבל תשכח דא כגון בר נש), the child is actually a reincarnation of the deceased brother. The Malbim explains the story of Ovad's birth in this way: Rus 4:16: וַתִּקַּח נָעֳמִי אֶת-הַיֶּלֶד ...


3

Deuteronomy 25:6 says, at the simplest level, that it's only the first child from such a marriage who should carry on the memory of the dead brother. The couple can then have as many children as they like with whatever emotional baggage they choose to (not) bring along. Note that they don't actually have to name the child after the dead brother. In fact ...


3

According to the Malbim's commentary, Boaz chose to do Yibum in order to spiritually reincarnate Rus's deceased husband, Machalon, which is the Zohar's approach to what happens in Yibum - the soul of the deceased is reincarnated into the son born of the Yibum union. (See Malbim to 4:14, for example.) Along the same lines, he may have chosen to acquire the ...


3

It would appear that nothing here was in the bounds of absolute strict obligation. (The Torah only strictly obligates yibum for the brother of the deceased; Boaz and Ploni were more distant relatives.) Nonetheless, it was felt that to honor Elimelech's memory, it was appropriate that one person both buy his ancestral fields, so they'd be back in the family, ...


3

The "Bracha" Translated is said by the Beis Din it is: "May it be G‑d's will that the daughters of Israel will never need to perform either Chalitzah or Yibum. Blessed are You, King of the universe, Who has sanctified us with the commandments and statutes of Abraham our father." SOURCE OF TRANSLATION


2

The terminology used in current Sefardi Kesuvos is ולא ישא ולא ישדך ולא יקדש שום אשה אחרת עליה כי אם ברשות בית דין הצדק. As I have noted in the comment section "Perhaps the penalty clause excluded cases of Yibum". I would certainly imagine that Beis Din would make an exclusion for Yibum.


2

God is often called our husband; I don't recall ever seeing him called our wife. If we were to die, then, presumably there would be no yibum.


2

Per http://tora.us.fm/tnk1/kma/qjrim1/kka_yase_laij_ajr.html Mordechai when he was on the horse felt as if he was being spat at.


2

There may or may not be a practice to name the child of a Yibbum after the deceased brother; however, I don't think that the child is considered to be the child of the deceased brother in any way, shape or form. Deut. 25:6-7: וְהָיָה הַבְּכוֹר אֲשֶׁר תֵּלֵד יָקוּם עַל שֵׁם אָחִיו הַמֵּת וְלֹא יִמָּחֶה שְׁמוֹ מִיִּשְׂרָאֵל And it will be, that the ...


2

Nice question. Tosfos there deal with a similar question that I believe would answer yours, too: מה אחות אשה מיוחדת כו'. וא''ת מה לאחות אשה שכן בידו לרבות כדפריך בפ' הבא על יבמתו (לקמן דף נד. ושם) וי''ל דאהיקש דר' יונה דסוף שמעתין (דף ח.) סמיך According to Tosfos, this Gemara is working in tandem with the hekesh of R' Yona which specifically ...


2

As suggested in one of the comments, the Gemara is describing an exegetical rule, rather than a principle of erring to the side of stringency when in doubt. This understanding is supported by the gemara's alternative answer there: איבעית אימא הכא תרי איסורי והכא תרי איסורי ותרי מתרי ילפינן אבל הכא חדא איסורא ותרי מחדא לא ילפינן If you prefer, however, I ...



Only top voted, non community-wiki answers of a minimum length are eligible