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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 ...


9

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 ...


8

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)


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

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.) ...


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

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, ...


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 ...


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

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

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


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, ...


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

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

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 ...


2

In response to the third question: Per Yabia Omer 6, Even Hoezer 14 Rabbi Ovadia Yosef Zatzal says that Sefardim, Edus Hamizrach, and Yemenites that follow the Rambam and Beis Yosef who hold like the Chachomim that the Mitzva of Yibum takes priority over Chalitza even in today's generation, and even when it is not L'shaim Mitzva. Therefore he concludes that ...


2

Believe it or not, the gemara discusses cases where an individual can have 2 polar opposite statuses at the same time (for example see here). There are a number of cases brought in the gemara (Gittin 41b, Mishna Pesachim 8:1, etc.) of a person that is 'half slave, half free'. Of course, if you are a slave then by definition you are not free and vice versa. ...


1

My understanding of the view that the heart has to stop beating for the person to be considered dead, is that it requires a few factors simultaneously: No heart beat No breathing Doctors saying that those functions cannot be revived As long as any one of those three are in place, the person is not considered Halachicly dead. Not remembering where I read ...


1

Note that in Kesuvos 104 we see that a widow can sell her husband's property to cover the kesuvah. The laws of inheritance are such that the land would have gone to Elimelech's brother and down through the line. Since there were no brothers left, Rus was not subject to yibum (see the Rambam on this) and could have married anyone that she wanted (or who would ...


1

Your question derives from the literal translation of Deuteronomy 25:6 as shown in the link, “The first-born son whom she bears will then perpetuate the name of the dead brother, so that his name will not be obliterated from Israel.” The understanding of the meaning based on Rashi’s comments is as follows And it will be, that the eldest brother [who ...


1

The simple understanding (פשט) is that it's the call of a town crier. Like saying, "Hear ye, hear ye" or "Extra, extra, read all about it".


1

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.



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