Yibbum vChalitzah - Chapter Seven

When two brothers were married to two sisters, [the brothers] both died, and it is impossible to know who died first,1 [a third brother who remains alive] may not perform yibbum with both of them.2 Since they are both obligated to him, they both must perform chalitzah and not yibbum.

[The above ruling applies even] when one [of the yevamot] was forbidden to the yavam as a sh'niyah, or because of a positive commandment or a negative commandment.3 If, however, one [of the yevamot] was forbidden to the yavam as an ervah - e.g., she was his wife's mother or daughter - the sister is permitted [to the yavam]; he may perform either yibbum or chalitzah, as he desires. For both of the sisters were not obligated to him, since an ervah is not bound by this obligation.

When in the above situation there were four brothers,] and one [of the yevamot] was forbidden to one of the yevamim as an ervah, and the other yevamah was forbidden to the other yavam as an ervah, [the yevamah] who is forbidden to one [yavam] is permitted to his brother, and [the yevamah] who is forbidden to the other [yavam] is permitted to his brother. For [in both instances] only [the yevamah] who is permitted to him is obligated [to each brother]. [Each one] may perform either yibbum or chalitzah with [the yevamah] permitted to him, as he desires.

[In the above situation,] if one of the brothers died [and his identity was known], and his wife became obligated to perform yibbum, and then the other brother died, his wife - the sister of the first wife - became obligated to perform yibbum; [as long as] both remain alive, they both must perform chalitzah and not yibbum, as we have explained.4

If [the wife of] the second [brother] dies, the [wife of the] first becomes permitted again. She may perform either chalitzah or yibbum.

If [the wife of] the first [brother] dies, the [wife of the] second remains forbidden. She must perform chalitzah and may not perform yibbum. [The rationale is that she was not fit to perform yibbum at the time she came before [her yavam].

Similarly, if one of the brothers performed chalitzah with the [wife of the] second [brother] first,5 the [wife of the] first becomes permitted to the other brothers. For the obligation that caused her to become forbidden was removed by his brother by performing chalitzah.

Similarly, if [the wife of] the first [brother] was forbidden to one of the brothers as an ervah, and he performed yibbum with [the wife of] the second [brother] who was permitted to him,6 the [wife of the] first becomes permitted to the other brothers. For the woman who caused her to be forbidden to them performed yibbum with a brother to whom she was permitted.

If, however, [the wife of] the second [brother] was forbidden to one of the brothers as an ervah, he should perform yibbum with [the wife of] the first [brother],7 but the other brothers are forbidden to perform yibbum with both of them.8 They must perform chalitzah instead, as we have explained.9

If [in the situation mentioned in the final clause of Halachah 3] each one of the brothers marries one of the sisters [without asking Rabbinical guidance first], they must be forced to separate.10

[Our Sages delivered these rulings in the following situation:] There were three brothers. Two were married to two sisters. One of the brothers married to the sisters died [childless]. The third [brother] gave a ma'amar to his yevamah, and then the husband of the second sister died, and the second sister also became obligated to the third brother. The third brother should divorce with a get [the sister] to whom he gave a ma'amar, and perform chalitzah with her.11 And he should perform chalitzah with the other sister, to enable her to marry another man.

[In the above situation,] if the brother who gave the ma'amar [to the first brother's wife] died [childless], and he had another wife, both she and [the wife of the first brother] fall before [the brother] married to the sister of [the wife of the first brother]. The woman who was given the ma'amar is free from the obligations of chalitzah and yibbum, for she is the sister of [her yavam's] wife. The other woman should perform chalitzah and not yibbum, because the ma'amar does not fully acquire a woman [as a wife]12 to the extent that another wife would be freed of the obligations [of yibbum].13

When a brother consecrates the sister of his yevamah,14 we tell him: "Wait; do not divorce her and do not marry her15 until your brother performs yibbum or chalitzah with the woman who is under obligation."

If his brother performs yibbum or chalitzah with the yevamah, or if she dies, the brother may marry the woman he has consecrated. If all his brothers die,16 he must divorce with a get the woman he has consecrated, and perform chalitzah with his yevamah.

If the woman he has consecrated died, regardless of whether she died before the brothers died or after the brothers died, the yevamah becomes permitted. He may perform either yibbum or chalitzah.17

[The above laws become even more complicated if the brothers have more than one wife. For example,] there were three brothers. Two were married to two sisters, and each also had another wife. [The brothers] married to the sisters died [childless], and the sisters and the other wives fell before the yavam.

If he performs chalitzah with the other wives, the sisters are also freed of their obligation. If, however, he performs chalitzah with the sisters, the other wives are not freed of their obligations until they themselves perform chalitzah. [The rationale is that] the chalitzah performed by the sisters is not "superior,"18 and, as we have explained,19 a chalitzah that is not "superior" does not free another wife [of the deceased] from her obligation.

It appears to me20 that this law also applies with regard to two yevamot coming from one household, when one is forbidden to her yavam as a sh'niyah, or because of a positive or negative prohibition. If the yavam performs chalitzah with the woman who is prohibited, [the deceased's] other wife is not freed of her obligation. If he performs chalitzah with the other wife, the woman who is prohibited is freed of her obligation.

[There is no need for yibbum or chalitzah in the following situation:] There were three brothers. Two were married to two sisters, and the third was married to a woman who did not share a family connection with them. One of the brothers married to the sisters died [childless] and the brother married to the other woman performed yibbum with [the brother's] wife. Afterwards, the wife of the second brother, [i.e., the sister of the yevamah] died, and then the third brother [the one who performed yibbum, died childless]. Thus, his two wives fall before the second brother, who is [now] unmarried.

These women are free of the obligation to perform either chalitzah or yibbum. One, the sister of [the yavam's deceased] wife [is forbidden], because she was the sister of his wife at the time his brother died. [At that time,] she became forbidden to him forever, as the wife of a brother who was not alive at the time of his [older] brother's [death]. The other woman [is forbidden], because she is the other wife [of her deceased husband].21

Similarly, when two brothers are married to two sisters and one of [the brothers] dies [childless], and then the wife of the other brother dies, [the wife of the first brother] remains forbidden [to the second brother] forever, since she was forbidden to him at the time [the obligation of yibbum first takes effect].

When, however, a man divorces his wife, remarries her and then dies [childless], she is permitted to the yavam. Although she was forbidden to him during his brother's lifetime at the time he divorced her, she became permitted [when he remarried her]. And at the time his brother died, she was permitted.

[The following rules apply when] a girl below the age of majority was given in marriage by her father, and her husband divorced her, remarried her and then died [childless] while she was still below the age of majority.

She is forbidden to her yavam,22 for the divorce was a fully binding divorce, since she was married off by her father.23 The remarriage, by contrast, is not fully binding, because the consecration of a minor is not a completely binding consecration, as explained.24

The same law applies when a man divorces a woman who is mentally competent, she becomes a deaf-mute, he remarries her and dies [childless] while she is a deaf-mute. She is forbidden to the yavam and should not perform either chalitzah or yibbum.25

Another woman married [to the deceased husband of] the minor or the deaf-mute may perform chalitzah, or yibbum.26

If [the deceased] remarried her while she was a minor or a deaf-mute, but she attained majority or regained her control of her faculties while married to him, and then he died [childless], she is permitted to her yavam.27

When two brothers were married to two sisters, who were both below the age of majority and fit to dissolve their marriages through mi'un, or they were deaf-mutes, and one [of the brothers] dies [childless], his wife is not obligated to perform either chalitzah or yibbum, because she is the sister [of the yavam's] wife.28

If one [of the sisters] was above the age of majority and one was below, and the husband of the younger one died [childless], his wife is not obligated to perform either chalitzah or yibbum, because she is the sister [of the yavam's] wife.29 If the husband of the older [sister] died [childless], we instruct the younger one to absolve [her marriage to] her husband through mi'un, allowing the older [sister] to perform yibbum.30

[The following law applies when two brothers who are both deaf-mutes are married to two sisters, and one [of the brothers] dies [childless]. His wife is not obligated to perform either chalitzah or yibbum, because she is the sister [of the yavam's] wife. [This law applies] regardless of whether both of the sisters were deaf-mutes, both were mentally competent, or one was a deaf-mute and one was mentally competent.

Similarly, [the same law applies when] two sisters are both deaf-mutes and are married to two brothers, regardless of whether both of the brothers were deaf-mutes, both were mentally competent, or one was a deaf-mute and one was mentally competent.

[These rulings were given] because none of the marriages is fully binding.31

[The following law applies when two brothers - one mentally competent and one a deaf-mute - are married to two sisters, either both mentally competent or one mentally competent and one a deaf-mute, and the mentally competent [sister] is married to the mentally competent [brother]. If the deaf-mute [brother] dies [childless], his wife is not obligated to perform either chalitzah or yibbum, because she is the sister [of the yavam's] wife.32

If the mentally competent [brother] dies [childless], the deaf-mute should divorce his wife with a get, because her sister is obligated to him.33 [The rationale for this ruling is] that the marriage of the deceased mentally competent brother was fully binding, [and thus] the obligation to the deaf-mute is also fully binding. [In contrast,] the marriage of the deaf-mute is not fully binding.

The wife of the mentally competent brother is forbidden [to marry again] forever. For the deaf-mute cannot marry her because of her sister,34 nor can he perform chalitzah, because he is a deaf-mute.35

Why did our Sages decree that a deaf-mute man must divorce his deaf-mute wife [in the above situation]? They are not obligated to observe the mitzvot; their situation resembles that of a child who eats non-kosher meat - in which instance, the court is not obligated to prevent them.36

Our Sages said: If the [deaf-mute's] wife will remain married to him, her sister will marry another man, [and this will be excused, for people] will say: "She was freed [from the obligations of yibbum and chalitzah] because she was the sister of [the yavam's] wife." [To prevent this impression from arising,] the deaf-mute must divorce his wife with a get, and her sister will be forbidden [to marry] forever.

Similarly, when two brothers who are mentally competent are married to two sisters, one mentally competent and one a deaf-mute, and the husband of the deaf-mute dies, [his wife] is free [of the obligation of yibbum], because she is the sister of [the yavam's] wife.37

If the husband of the mentally competent [sister] dies, [his brother] should divorce his wife [the deaf-mute] with a get,38 and should perform chalitzah to free the wife of his [deceased] brother [to marry]. Since he is mentally competent, he can perform chalitzah.39

[Neither yibbum nor chalitzah is required in the following situation.] There were two brothers, one mentally competent and one a deaf-mute. The deaf-mute was married to two mentally competent women, one of whom was forbidden to the mentally competent brother as an ervah.

If the deaf-mute brother dies [childless], both his wives are free from the obligations [of yibbum and chalitzah, based on the following rationale].40 If the marriage of the woman forbidden [to the yavam] as an ervah is considered a marriage, the second woman is considered to be the other wife [of her husband] and is also freed of obligation. If the marriage of the woman forbidden [to the yavam] as an ervah is not considered a marriage, the marriage of the other woman is also not considered a marriage.

If a man's daughter or the like41 was a deaf-mute, and she was married to his brother who was mentally competent [and the mentally competent brother dies childless], his other wife must perform chalitzah, but not yibbum. [The rationale is that] the marriage of the deaf-mute is not a fully binding marriage.42

Whenever we have mentioned "two sisters" in these laws, the intent is also a woman and her daughter, or her granddaughter and the like; i.e., two woman [for whom marriage to one causes] the other to be considered an ervah.

Similarly, whenever we have mentioned "the sister of [the yavam's] wife" or "the sister of his yevamah," the intent is also her mother or her daughter - i.e., any close relative who becomes forbidden [to the yavam] because of her [marriage].