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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 ...


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 ...


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.


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 ...

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