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Woman A was married to B, and B died without children. A should do Yibum with C but never got around to it. Instead she married D.

D then died without children, but has a brother E.

Who should A marry, C or E?

(According to Sefardim who do Yibum) Who does Yibbum C or E or Should they both do Chalitza?

  • 1
    Was she even allowed to marry D before doing chalitza with C? – Scimonster Feb 17 '15 at 20:54
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    @Cnsersmoit no, but she did it anyways – Shmuel Brin Feb 17 '15 at 20:54
  • @Cnsersmoit The better question is if she is allowed to do Yibbum altogether as she's a katlanis, but perhaps she married F somewhere in the middle to a void that issue – Shmuel Brin Feb 17 '15 at 20:55
  • I thought she isn't a katlanis until 3 die, but i may be wrong. – Scimonster Feb 17 '15 at 20:56
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    If Yevama l'shuk is an issur kares (like one opinion in the gemara) then this wouldn't work. – Y     e     z Feb 17 '15 at 21:06
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שומרת יבם שנבעלה בזנות לא נאסרה ליבם אם הוא ישראל שוע אהע קנט ג

A woman who was waiting for yibum and was together with a different man is not forbidden to the original brother if he is not a kohen. Shulchan aruch even haezer 159 3.

So she should marry c. If he does chalitza she can marry e.

  • But that's talking about zenus, but the question is if she married d. Unless maybe the marriage wouldn't be counted because she first needs to do yibum/chalitza – user613 Feb 18 '15 at 3:04
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    @user613 It seems that she couldn't have been halachically married to D, so this would apply. See comments on the question. – Scimonster Feb 18 '15 at 8:27

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