15

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 ...


11

Once the woman has removed most of the heel of the shoe from the man’s foot, the chalitzah is effective and she is free to marry whomever she wants. (Rambam Hilchot Yibum veChalitzah 4:6) If the ceremony is performed in the wrong order and the woman spits in front of the man without removing the shoe first, then it is an invalid chalitzah. (Rambam Hilchot ...


9

It appears there is no difference between suicide and other forms of death as pertains to yibum and chalitza. Rabbi Moshe Rozin, a 20th century posek (Lithuania and New York) was asked to rule on the case of a widow whose husband had committed suicide and the whereabouts of the brother-in-law were unknown. (See footnote 71 herein 1). He found room for ...


7

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 ...


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.


7

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 ...


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

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 ...


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

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 ...


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

Coercing a levir to perform halitzah [when one side has reason to reject entering into levirate marriage] is discussed in Yeb. 39b (see Tos. s.v. amar & Tos. Ket. 64a s.v. ve'dinei). In modern day halachic literature this tactic is discussed in multiple rabbinic responsa: R. Chavitah HaCohen (d. 1959, Simchat Cohen EH 57), R. Isaac Herzog (d. 1959, ...


5

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 ...


5

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 ...


5

In short, Biblically the initial act of cohabitation which constitutes yibbum would be permitted, but subsequent acts would be forbidden. The rabbis forbade even the initial act; and instead instructed halitsa, lest the relationship continue. Rambam writes this in Hilkhot Yibum V'halitsa (6:11-2): הייתה היבמה אסורה על יבמה איסור לאו, או איסור עשה, או ...


5

Levirate marriage today would seem to be very rare today. Reason being it's virtually never done in the Ashkenazi world and while more acceptable in the Sefardi, it seems to rarely ever takes place. From the "History" section in the Wikipedia entry on Yibbum: By Talmudic times the practice of levirate marriage was deemed secondary in preference to ...


4

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 וַתְּשִׁתֵהוּ ...


4

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 ...


4

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. ...


4

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 ...


4

Rambam Ch. 9 of Kings & Wars lists all prohibited relatives for Noahides, and "sister-in-law" is not on the list. Therefore, Yibum is not overriding any prohibition for them. Mr. Noahide, you want to marry your brother's ex-wife? That's totally your choice (well, you have to ask her first), whether there were kids or weren't; whether the marriage ended ...


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

Even if there's no prohibition touching a penuya tehorah1 (single girl), these two cases have some sources which could indicate an issur. Arusa That very passage in masseches kalla states without sheva brachos a kallah is אסורה כנדה and this is quoted by Shu"t HaGeonim Shaarei Tzedek (4:4:24), Rashi Kesubos (7b) and many other sources. It is forbidden to ...


4

Yes Yibbum is permissible when the surviving brother is married. The oldest brother is the one who the Torah prefers to do Yibum. (Yevomos 24A) His marital status doesn't seem to have been a consideration. Particularly since according to Torah law there is no issue with having more than one wife. The Mishnah and Gemara discusses plenty of (mostly ...


3

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 ...


3

Question 1: Does the widow (sister-in-law, yovomoh) have the right to refuse the deceased husband's brother (yovom)? Before yibbum, yes: ואמר רב ששת אמר ר' אלעזר משום רבי אלעזר בן עזריה מנין ליבמה שנפלה לפני מוכה שחין שאין חוסמין אותה שנאמר לא תחסום שור בדישו וסמיך ליה כי ישבו אחים יחדיו Rav Sheshes said in the name of Rabbi Elazar in the name of Rabbi ...


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

See Kiddushin 19a, where the Gemara derives from a pasuk that there is no death penalty for relations with a woman married to a nine-year old through yibum. Also see Yevamos 96b, where the Mishna states that the Yibum of a nine year old is a weak marriage- if he dies she still needs chalitza from the other brothers, but she can't do yibum to any of them, as ...


3

I'm going to build an idea off of the Netziv on that passuk, so I'll mention his point first. He mentions the idea that yibbum has to do with neshamos like the Ramban says in Vayeishev, but then goes on to say a different pshat. That taking off ones shoe is symbolic of removing the teva of the body and natural order in order to single oneself out for ...


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