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13

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

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

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

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, ...


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


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 ...


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 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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