007 - הִלְכוֹת יִבּוּם וַחֲלִיצָה פֵּרֶק ז

Laws of Yibbum and Chalitzah, Chapter 7

1. Two of the brothers were married to two sisters, and both of them died, and it is not known which of them died first. Since it is impossible to perform yibbum with both of them, and the zikah (the bond of yibbum) has fallen upon both of them, both perform chalitzah and not yibbum. Even if one of them was forbidden to the yavam as a secondary forbidden relative (sheniyah), or by a positive prohibition, or by a negative prohibition, they perform chalitzah and not yibbum. But if one of them was an ervah to him, for example she was his wife's mother or his wife's daughter, then her sister is permitted to him: if he wishes he performs chalitzah, and if he wishes he performs yibbum. For his zikah did not fall upon both of them, since there is no zikah upon an ervah.

2. If one of them was forbidden to this yavam as an ervah, and the other was forbidden to the second yavam as an ervah, then the one forbidden to this brother is permitted to his brother, and the one forbidden to that brother is permitted to his brother. For the zikah of each brother fell only upon the one who is permitted to him. If he wishes he performs chalitzah with the one permitted to him, and if he wishes he performs yibbum.

3. If one of the brothers died and his wife became subject to yibbum, and afterwards the second died and his wife, who is the sister of the first, became subject to yibbum, and both of them are alive, both perform chalitzah and not yibbum, as we have explained.

4. If the second woman died, the first returns to her permitted status, and she performs either chalitzah or yibbum. If the first woman died, the second remains in her forbidden status, and she performs chalitzah and not yibbum, for she was not fit for yibbum at the time she became subject to it. Similarly, if one of the brothers went ahead and performed chalitzah with the second, the first becomes permitted to the remaining brothers; for the zikah that forbade her has been removed by his brother through his chalitzah.

5. Similarly, if the first was an ervah to one of the brothers, and he went ahead and performed yibbum with the second, who is permitted to him, the first becomes permitted to the remaining brothers; for the second, who had forbidden her to them, has undergone yibbum with the brother permitted to her. But if it was the second who was forbidden as an ervah to only one of the brothers, he performs yibbum with the first, and the remaining brothers are forbidden with both of them; they perform chalitzah and not yibbum, as we have explained. If they went ahead and each one married one of the sisters, they are made to send them away.

6. There were three brothers, two of whom were married to two sisters. One of the sisters' husbands died, and the third brother made a ma'amar (a Rabbinic betrothal of a yevamah) with his yevamah. Afterwards the husband of the second sister died, and the second sister became subject to the third brother. He gives a get to the woman of the ma'amar and performs chalitzah with her, and he also performs chalitzah with her sister, the second woman, in order to permit them to marry another man.

7. If the brother who made the ma'amar died, and he had another wife, and both of them became subject to the husband of the sister: the woman of the ma'amar is exempt from chalitzah and from yibbum, for she is his wife's sister; and the other wife performs chalitzah and not yibbum, for a ma'amar does not effect a complete acquisition to the point that it would exempt the co-wife (tzarah).

8. When one of the yevamin (the brothers bound by yibbum) betrothed the sister of his yevamah, we tell him: "Wait. Do not divorce her and do not marry her until your brother performs yibbum or chalitzah with this yevamah, who is bound to all of you." If his brother performed chalitzah with her, or yibbum, or if the yevamah died, he may take his betrothed in marriage. If all his brothers died, he sends away his betrothed with a get and his yevamah with chalitzah. If his betrothed died, whether she died before the brothers died or after they died, the yevamah returns to her permitted status: if he wishes he performs yibbum, and if he wishes he performs chalitzah.

9. There were three brothers, two of whom were married to two sisters, and each of the two sisters had a co-wife. The husbands of the sisters died, and the sisters and their co-wives became subject to yibbum. If the yavam performed chalitzah with the co-wives, the sisters are exempted. But if he performed chalitzah with the sisters, their co-wives are not exempted until the co-wives themselves perform chalitzah. For the chalitzah of the sisters is an inferior chalitzah, and an inferior chalitzah does not exempt the co-wife, as we have explained.

10. It appears to me that the law is the same with two yevamos who come from one household (the wives of one deceased brother), one of whom is forbidden to her yavam as a sheniyah or the like, or by a negative prohibition, or by a positive prohibition: if he performed chalitzah with the forbidden one, her co-wife is not permitted; if he performed chalitzah with the co-wife, the forbidden one is permitted.

11. There were three brothers. Two of them were married to two sisters, and the third was married to an unrelated woman. One of the sisters' husbands died, and the brother married to the unrelated woman performed yibbum with his widow. Afterwards the second brother's wife died, and afterwards the third brother died, and his two wives became subject to the second brother, who now has no wife. They are exempt from chalitzah and from yibbum. The one, because she was his wife's sister at the time his first brother died, became forbidden to him forever as a brother's wife, like the law of the wife of a brother with whom he did not coexist; and the unrelated woman, because she is her co-wife.

12. Similarly, if two brothers were married to two sisters, and one of the brothers died, and afterwards the second brother's wife died, the widow is forbidden to him forever, since she was forbidden to him at the time she became subject to him. But if a man divorced his wife, took her back, and died, she is permitted to the yavam. Even though she had become forbidden to him during his brother's lifetime, when his brother divorced her, she returned to her permitted status, and when his brother died she was in a permitted state.

13. A minor girl whose father married her off, and her husband divorced her, took her back, and died while she is still a minor: she is forbidden to the yavam. For her divorce is a complete divorce, since her father married her off; but her taking back is not a complete taking back, for the kiddushin of a minor are not complete, as we have explained.

14. The same law applies to one who divorced a competent woman (pikachas, one who can hear and speak), and she became a deaf-mute, and he took her back and died, leaving her a deaf-mute: she is forbidden to the yavam, and she neither performs chalitzah nor yibbum. The co-wife of such a minor or such a deaf-mute performs chalitzah or yibbum. If he took her back while she was a minor or a deaf-mute, and she came of age or regained her faculties while with him, and afterwards he died, she is permitted to her yavam.

15. Two brothers were married to two sisters. If both sisters were minors fit to perform mi'un, or both were deaf-mutes, and one of the brothers died, his widow goes free as the wife's sister, and she is exempt from chalitzah and from yibbum. If one was an adult and one a minor, and the minor's husband died, she goes free as the wife's sister. If the adult's husband died, we instruct the minor to perform mi'un against her husband, and then the adult becomes permitted to her yavam.

16. Two deaf-mute brothers were married to two sisters who were competent, or deaf-mutes, or one competent and one a deaf-mute; or likewise, two deaf-mute sisters were married to two brothers who were competent, or deaf-mutes, or one competent and one a deaf-mute; and one of the brothers died. His wife is exempt from chalitzah and from yibbum as the wife's sister, for the marriage of neither of the two is a complete marriage.

17. Two brothers, one competent and one a deaf-mute, were married to two sisters, either both competent or one a deaf-mute and one competent, and the competent one is the wife of the competent brother. If the deaf-mute died, his wife goes free as the wife's sister. If the competent brother died: since the marriage of the competent brother who died was a complete marriage, and the zikah of this deaf-mute is complete, while the marriage of the deaf-mute is not a complete marriage, he sends away his wife with a get, because her sister is bound to him. And the wife of his competent brother is forbidden forever, for he cannot take her in marriage because of her sister, and he cannot perform chalitzah because he is a deaf-mute.

18. Why did the Sages decree that this deaf-mute must send away his deaf-mute wife, when they are not obligated in the mitzvos, but are like a minor who eats neveilos, whom the beis din is not commanded to restrain? The Sages said: If his wife remains with him, her sister will end up marrying another man, and people will say that she was exempted as the wife's sister. Therefore the deaf-mute sends away his wife with a get, so that her sister will be forbidden forever.

19. Similarly, two competent brothers were married to two sisters, one competent and one a deaf-mute. If the deaf-mute's husband died, she goes free as the wife's sister. If the competent sister's husband died, he sends away his deaf-mute wife with a get, and his brother's wife with chalitzah, since he is competent and is able to perform chalitzah.

20. There were two brothers, one competent and one a deaf-mute. The deaf-mute was married to two competent women, one of whom is an ervah to the competent brother, and the deaf-mute died. Both women are exempt in either case: if the marriage of the ervah counts as a marriage, the second woman is her co-wife and is exempt; and if the marriage of the ervah does not count as a marriage, so too the marriage of her co-wife does not count as a marriage.

21. If his daughter, or the like, was a deaf-mute and married to his competent brother, her co-wife performs chalitzah and not yibbum, for the marriage of a deaf-mute woman is not complete.

22. Wherever we have said "two sisters" in these laws, the same applies to two sisters, or a woman and her daughter, or a woman and her daughter's daughter, and the like. The point is: two women, one of whom is an ervah together with the other, so that it is impossible to marry both of them because of ervah. Likewise, wherever it says "his wife's sister" or "his yevamah's sister," the same applies to her sister, her mother, or her daughter. The point is: any one of her relatives who is an ervah together with her.