Yibbum vChalitzah - Chapter Five

When a yavam gives a yevamah a bill of divorce (a get),1 he disqualifies her and all of [his deceased brother's] other wives [from performing yibbum] with him or with any of the other brothers. It is considered as if he has performed chalitzah with her.

The power of a get to affect a yevamah is Rabbinic in origin. [They instituted this decree based on the following rationale:] Since a get has the power to bring about the divorce of a married woman, and every get causes a woman to be disqualified from the priesthood, [they decreed] that it should also disqualify a yevamah from performing yibbum. [The yevamah] is not permitted to marry another man, however, until she performs chalitzah.

A statement of intent to marry (ma'amar)2 does not fully effect the establishment of a marriage bond for a yevamah, and it does not cause her to become a married woman in the full sense. Nevertheless, [if the yavam desires to nullify the ma'amar,] he must give [the yevamah] a get. For her to marry another man, however, chalitzah must be performed.

What is implied? When [a yavam] gives a ma'amar to his yevamah, but does not desire to engage in sexual relations with her, he must write a get for her, since she was consecrated unto him, and he must perform chalitzah with her to cause her to be permitted to others.3

For a yevamah is not permitted to marry another man unless she enters into sexual relations with her yavam [and then is divorced or widowed], or if she performs chalitzah. A get disqualifies her for yibbum, but does not permit her to marry another man. A ma'amar does not effect a marriage bond in a complete sense, as sexual relations do.

When [a yavam] gives a ma'amar to his yevamah and then gives her a get [to nullify his ma'amar], he has negated what he brought about,4 and [the yevamah] is free [to perform yibbum]. It appears to me that she is free only [to perform yibbum] with his brothers, but she is forbidden to him.5

When [a yavam] gives a get [to his yevamah] [to nullify] his connection to her and not {to nullify his ma'amar}, he disqualifies her [from performing yibbum] with him and his other brothers, as stated above.6

He must give her [another] get [to negate] his ma'amar and perform chalitzah with her to permit her to marry another man.

When a ma'amar is given to a yevamah at the outset, without its having been preceded by any other activity and without its having been followed by any activity other than the sexual relations between [the yavam] who gave the ma'amar and the yevamah, the ma'amar is referred to as "an acceptable ma'amar."

By contrast, a ma'amar is referred to as "an unacceptable ma'amar" when:

a) before the ma'amar either this yavam or one of his brothers gave a get to this yevamah or one of the deceased brother's other wives or performed chalitzah with her,7

b) either he or one of his brothers engaged in sexual relations with one of the deceased brother's other wives beforehand,8

c) after the ma'amar, either this yavam or one of his brothers gave a get to this yevamah or one of the deceased brother's other wives or performed chalitzah with her,9

d) he or one of his brothers engaged in sexual relations with one of the deceased brother's other wives or gave a ma'amar to one of them, or

e) one of his brothers gave a ma'amar or engaged in sexual relations [with the yevamah to whom he gave the ma'amar].

[This term applies to] both a ma'amar that preceded these deeds as well as to a ma'amar that was given afterwards.

What is implied? If [a yavam] a) gave a get or performed chalitzah with his yevamah and afterwards he or one of his brothers gave her or another of his deceased brother's wives a ma'amar, or b) he entered into relations with his yevamah10 or gave her a ma'amar, and then he or one of his brothers gave another of his deceased brother's wives a ma'amar or entered into relations with her, the ma'amar is unacceptable. This applies both to the first ma'amar11 and the second ma'amar.12

Thus, we may conclude that whether a ma'amar was preceded by another ma'amar, a get, a chalitzah, or sexual relations, or whether any of these acts preceded a ma'amar, the ma'amar is unacceptable.13 The only exception is when [a yavam] gives a ma'amar and enters into sexual relations [with the yevamah] after the ma'amar; this follows the dictates of the law.

When a yavam enters into sexual relations with his yevamah at the outset14 or after giving her a ma'amar, and nothing else preceded [their relations], [their] relations are referred to as "acceptable."

If a) a ma'amar from one of his brothers [was given to this yevamah],

b) a get was given [to this yevamah] or to one of [the deceased brother's] other wives, or

c) a ma'amar [was given by this yavam] or one of his brothers to one of [the deceased brother's] other wives, before [the yavam and the yevamah entered into relations], the relations are referred to as unacceptable.15

When a yavam performs chalitzah with his yevamah at the outset without any other activity preceding it, the act is referred to as "a superior chalitzah."

If [the chalitzah] was preceded by a get or a ma'amar, whether from this yavam or from his brothers, [which was given] either to this yevamah or to one of [the deceased brother's] other wives, the act is referred to as an "inferior chalitzah."16

When there are many yevamot coming from one household,17 after one of them has entered into "acceptable relations" or performed a "superior chalitzah," all are permitted [to marry other men], and their obligation to the yavam is removed.

If one of them entered into "unacceptable relations" or was given an "unacceptable ma'amar," all the wives are forbidden to perform yibbum.18 The woman who entered into relations or who received the ma'amar must be divorced with a get. [In addition,] {each} one19 of them is required to perform chalitzah to be permitted to marry another man. For "unacceptable relations" do not remove [a yevamah's] obligation to her yavam.

If one of [a deceased man's wives] performs an "inferior chalitzah," she is permitted to marry another man, but [the deceased's] other wives remain forbidden [to marry] unless they perform chalitzah or unless all the brothers perform chalitzah with [the yevamah] who performed the "inferior chalitzah." For an "inferior chalitzah" does not remove the obligation of yibbum from this household until [the yevamah who performed the "inferior chalitzah" performs chalitzah] with all the brothers, or all [the deceased's wives] perform chalitzah.

Whenever a yevamah engages in sexual relations with her yavam, [a get is required to terminate the relationship], regardless of whether or not the relations are acceptable. [This applies] even if [the yavam] engaged in relations with [the yevamah] after performing chalitzah with her.20

[Similarly, this ruling applies] regardless of whether [a yavam] or his brothers engaged in the relations for the sake of establishing a marriage bond21 or for the sake of yibbum. Even if [a yavam] or his brother engages in relations with another [one of the deceased's] wives after [the yavam] engages in "acceptable relations" with [his yevamah],22 he must divorce the woman with a get, for these relations effect the establishment of a marriage bond.23

Similarly, whenever a yevamah is given a ma'amar - whether an "acceptable ma'amar" or an "unacceptable ma'amar" - a get is required because of the ma'amar, as explained.24 Only then is the prohibition brought about by the ma'amar removed.

As mentioned, a get does not dissolve [a yavam's connection with] his yevamah entirely.25 Similarly, a ma'amar does not acquire her [as a wife for the yavam] in a complete way. It is [only] sexual relations that establish the marriage bond in a complete manner, and it is [only] chalitzah that dissolves the connection entirely.

Therefore, when a yevamah is given one get after another, or one ma'amar after another, there is an effect.26 When, however, [another brother] engages in relations with [a yevamah with whom a yavam] engaged in relations, or performs chalitzah with [a yevamah with whom a yavam] performed chalitzah, the second relations or the second chalitzah are of no consequence.27 Similarly, a get or chalitzah that follows relations is of no consequence.

What is implied? When a yavam gives a get to a yevamah, and afterwards gives a get to another one of [the deceased's] wives, he is forbidden to marry the relatives of both women.28

Similarly, when two yevamim give two gittin to one yevamah, one after the other, she is considered to have been divorced by both of them. They are both forbidden to marry her relatives; one of them should perform chalitzah [with her].29

Similarly, if [a yavam] gives a get to his yevamah, and then his brother gives a get to another one of [the deceased's] wives, each brother is forbidden to marry the relatives of the woman to whom he gave the get. Similarly, if [two brothers each] give a ma'amar, one after the other, [each must give a get], as explained.30

When, however, a yavam performs chalitzah with his yevamah, and afterwards either he or his brother perform chalitzah with another of [the deceased's] wives, or two yevamim perform chalitzah with the same yevamah, the second chalitzah is of no consequence, and the brother who performed it is not forbidden to marry the woman's relatives.31 It is just as if he performed chalitzah with another woman who is not under obligation to him.

Similarly, when a man engages in relations with his yevamah,32 and then he or one of his brothers performs chalitzah with her or with one of the other wives [of his deceased brother], this chalitzah is of no consequence.

Similarly, if his brother gave a get to [this yevamah or] any of the other wives [of his deceased brother], it is of no consequence. Nor is it of consequence if one of his brothers gives the woman a ma'amar or engages in relations with her.33 Once the brother engaged in relations with her, he acquired her [as his wife] in a complete manner, and a married woman cannot be consecrated by another man. If, however, one of the brothers gave a ma'amar to one of the other wives [of his deceased brother], or engaged in relations with her, he must release her with a get, as we have explained.34

[The following rules apply when] two yevamim perform yibbum with two yevamot coming from the same household, and it is not known who performed yibbum first.35 Both should divorce [the women] with gittin.36 The women are then permitted to marry other men, but are forbidden to the yevamim.

Consequently, when Reuven lived in Jerusalem and he had two wives, one living in Akko and one living in Tyre, [and two brothers:] Shimon who lived in Akko and Levi who lived in Tyre, if there is a report that Reuven died, according to law it would be proper for neither brother to perform yibbum until he knows what his other brother did. For perhaps he performed yibbum first.

If one of the brothers does perform yibbum, he is not forced to divorce his wife until it is determined that his other brother performed yibbum first.37 If one brother desired to perform chalitzah without waiting to see what his other brother did, he is not prevented from doing so.38

When a yavam who is below the age of majority, [but more than] nine years and one day old, enters into relations [with a yevamah], [the consequence] is equivalent to [that of] a ma'amar given by an adult;39 [the yevamah] is not acquired as a wife in a complete manner.40

When [a yavam who is below the age of majority, but more than] nine years and one day old, gives a ma'amar at the outset, it is effective and causes [the yevamah] to be forbidden to [his brothers] who are past majority. If, however, he gives [the ma'amar after a ma'amar has been given by his brothers who are past majority, his ma'amar] is of no consequence.

[Similarly,] a get that he gives or chalitzah that he performs is always of no consequence, whether it precedes [his brothers' actions] or follows them.41

What is implied? When a [yavam who is below the age of majority, but more than] nine years and one day old, engages in relations with his yevamah, or gives her a ma'amar at the outset, he disqualifies her [from performing yibbum] with his other brothers. If, however, [one of the brothers] past majority gave his yevamah a ma'amar, and then [the brother who is below the age of majority, but more than] nine years and one day old, gives her or another one of the wives [of the deceased brother] a ma'amar, his actions are of no consequence, and he does not cause [the yevamah] to be forbidden to his elder brother.42

If, however, [the brother who is below the age of majority, but more than] nine years and one day old engages in relations with her or with another one of the wives of [the deceased brother], he causes [the yevamah] to be forbidden to his elder brother, as would be the case when two [brothers] past majority each gave a ma'amar one after the other, as we have explained.43

When a [yavam who is below the age of majority, but more than] nine years and one day old, has engaged in relations with his yevamah, and then one of his brothers past majority entered into relations with her, performed chalitzah with her, gave her a get, or performed one of these activities with another [one of the deceased brother's] wives, he disqualified the minor [from marrying his yevamah].44

Similarly, if the minor has engaged in relations with another [one of the deceased brother's] wives, or another brother who is also [below the age of majority, but more than] nine years and one day old, has engaged in relations with this woman, or with another [one of the deceased brother's] wives, [the woman with whom the first brother originally engaged in relations] is disqualified [from marrying him], as is the ruling whenever two ma'amarim are given one after the other.

When a [yavam who is below the age of majority, but more than] nine years and one day old, engages in relations with his yevamah and then does not engage in relations with her again after he attains majority, [he is] required [to give her] a get and perform chalitzah. The get [is necessary] because the relations in which he engaged are considered equivalent to a ma'amar. The chalitzah [is necessary] in order to permit the woman to marry another man, for she did not engage in relations that established a complete marriage bond.

If [her yavam] engaged in relations with her after he attained majority, all that is required [to enable her to marry another man] is a get.45

[The same laws that apply to a yavam who is below the age of majority, but more than] nine years and one day old [apply to a yavam who] is twenty years old and has not manifested signs of physical maturity, but has also not manifested physical signs of impotency, as explained in the beginning of this book.46

As explained,47 both the consecration of a girl below the age of majority who is fit to leave her husband through the rite of mi'un,48 and [the consecration of a girl who is] a deaf-mute are Rabbinic institutions. Nevertheless, they are two different types of ordinances. [For] the consecration of a minor was ordained so that [men] will not relate to her in an unrestrained manner.49 Her consecration is thus tentative until she comes of age. Consecration was ordained for a deaf-mute [for a different reason,] so that she will not remain unmarried forever.

Accordingly, if all the yevamot coming from one household are below majority or all are deaf mutes,50 entering into relations with one of them frees them all from their obligation.51

If [by contrast, the deceased was married to] a deaf-mute and a minor, engaging in relations with one does not free the other of her obligation.52

What is the alternative? The minor should be instructed to [nullify her marriage through] mi'un,53 and [a yavam] should marry the deaf-mute.54 If he desires to divorce her, he may write a get for her after they engage in relations.55 She is then permitted [to marry] another man.

If one [of the deceased's wives] was mentally competent, and one was a deaf-mute, engaging in relations with the mentally competent woman, or performing chalitzah with her frees the deaf-mute of her obligation. Engaging in relations with the deaf-mute, by contrast, does not free the mentally competent woman [from her obligation]. For the consecration of the deaf-mute is merely a Rabbinic institution.56

Similar [laws apply when one of the deceased wives was] above majority, and one was a minor. Engaging in relations with the woman past majority, or performing chalitzah with her frees the minor of her obligation. Engaging in relations with the minor, by contrast, does not free the woman past majority [from her obligation].

[The following rules apply if] both [the deceased's wives] were minors who are entitled to absolve their marriages through mi'un. If the yavam engages in relations with one of them, and then he or one of his brothers engages in relations with the other, this does not disqualify the marriage to the first.57 Nevertheless, we should instruct [the second one] to dissolve her marriage through] mi'un.58 He should then maintain [his marriage] with the minor yevamah with whom he engaged in relations first.

Similar laws apply if [the deceased was married to] a minor and a deaf-mute. If the yavam first enters into relations with the minor, and then he or one of his brothers engages in relations with the deaf-mute, this does not disqualify the marriage to the minor. The deaf-mute, however, must be divorced via a get.59

[The rationale is that] the relations with the minor are considered superior to relations with the deaf-mute, for ultimately the minor will be fit [to enter into a marriage bond that is binding according to Scriptural law]. Therefore, he should maintain his relationship with the minor with whom he engaged in relations first.60

[In the above situation,] if the yavam first enters into relations with the deaf-mute, and then he or one of his brothers engages in relations with the minor, this disqualifies the marriage to the deaf-mute.61 We should instruct the minor to dissolve her marriage through] mi'un;62 the deaf-mute must be divorced with a get.63

[The following rules apply if the deceased was married to] a mentally competent woman and a deaf-mute. If the yavam engaged in relations with the mentally competent woman, and then he or one of his brothers engages in relations with the deaf-mute, this does not disqualify the marriage to the mentally competent woman.64 The deaf-mute, however, must be divorced via a get.65

If the yavam first enters into relations with the deaf-mute, and then he or one of his brothers engages in relations with the mentally competent woman, this disqualifies the marriage to the deaf-mute.66 The deaf-mute must be divorced with a get, and the mentally competent woman should receive both a get and chalitzah.67

[The following rules apply if the deceased was married to] a woman past the age of majority and one below the age of majority. [If the yavam] first enters into relations with the woman past majority, and then he or one of his brothers engages in relations with the minor, this does not disqualify the marriage to the woman past majority.68 We should, however, instruct the minor to dissolve her marriage through mi'un.69

If he first enters into relations with the minor, and then he or one of his brothers engages in relations with the woman past majority, we should instruct the minor to dissolve her marriage through mi'un,70 and he should remain married to the woman past majority. [The rationale is that] relations with her establish a fully binding marriage bond.