008 - הִלְכוֹת יִבּוּם וַחֲלִיצָה פֵּרֶק ח

Laws of Yibbum and Chalitzah, Chapter 8

1. A man betrothed one of two sisters, and it is not known which of them he betrothed, and he died, and he had one brother: the brother performs chalitzah with both of them, in order to permit them to others. If he had two brothers, one performs chalitzah with one of the sisters first, and the second performs yibbum with the other sister, which is permissible in either case. If she is the one his brother betrothed, he has performed yibbum with her; and if she is not his brother's wife, he has married a woman like any other, and her sister, who was his brother's wife, has already undergone chalitzah. But he may not perform yibbum with one of them first, lest the other is his brother's wife, and it turns out that he married the relative of the woman bound to him by zikah. If the two brothers went ahead and married the two yevamos, they are not made to give them up.

2. Two men betrothed two sisters; this one does not know which one he betrothed, and that one does not know which one he betrothed, and both men died. If each had one brother, this brother performs chalitzah with both of them, and that brother performs chalitzah with both of them. If one had one brother and the other had two, the single brother performs chalitzah with both of them first; and of the two brothers, one performs chalitzah first and the second performs yibbum. If they went ahead and married, they are not made to give them up, even if they were kohanim. For the chalitzah that the single brother performed was performed out of doubt, and a woman who underwent chalitzah is forbidden to a kohen only by the words of the Sofrim, and the Sages did not extend that decree to a woman whose chalitzah is a matter of doubt.

3. If this man had two brothers and that man had two brothers, a brother of this one performs chalitzah with one of them, and a brother of that one performs chalitzah with one of them. Afterwards the second brother of this one performs yibbum with the woman who underwent chalitzah from that one's brother, and the second brother of that one performs yibbum with the woman who underwent chalitzah from this one's brother. If two brothers went ahead and performed chalitzah with both of the women, the other two brothers may not perform yibbum; rather, one performs chalitzah first, and one performs yibbum with the second. If they went ahead and married, they are not made to give them up.

4. A woman had sons, and her daughter-in-law had sons. The woman became pregnant and her daughter-in-law became pregnant, and both of them gave birth in one hiding place, and the two babies became mixed up. The mixed-up boys grew up, married wives, and died. How are their widows permitted? The daughter-in-law's sons perform chalitzah with both of them first, and do not perform yibbum. For each of the two widows may be his brother's wife, and so permitted to him, or may be his father's brother's wife, and so an ervah to him. But the older woman's sons perform either chalitzah or yibbum: if this one is his brother's wife, he has performed yibbum with her; and if she is his brother's son's wife, she is permitted to him, since she has already undergone chalitzah.

5. If the known sons of the older woman and of her daughter-in-law died, and the mixed-up sons are alive: the mixed-up sons perform chalitzah, and not yibbum, with the wives of the older woman's sons, for she may be the wife of his father's brother, who is an ervah to him. With the wives of the daughter-in-law's sons, one performs chalitzah first, and the other performs yibbum, which is permissible in either case. If the one who performed chalitzah first is the daughter-in-law's son, he has performed chalitzah with his brother's wife, and the second of the mixed-up sons is the older woman's son, and he is permitted to marry his brother's son's wife after she has undergone chalitzah from her yavam. If the one who performed chalitzah first is the older woman's son, he has performed chalitzah with his brother's son's wife and has done nothing, and the second of the mixed-up sons is the daughter-in-law's son, and he has performed yibbum with his brother's wife.

6. A woman did not wait three months after her husband's death, and she remarried and gave birth, and it is not known whether the child is a nine-month child of the first husband or a seven-month child of the second. She had sons from the first husband and from the second. If this doubtful son died, the first husband's sons and the second husband's sons perform chalitzah with his wife and not yibbum. For whichever of them comes to perform yibbum, perhaps he is not the deceased's brother from his father; yet he is certainly his brother from his mother, and the wife of a man's maternal brother is forbidden to him forever as an ervah. Likewise, this doubtful son performs chalitzah with their wives and not yibbum.

7. If the first husband had a son and the second husband had a son, not from this woman who married within the waiting period, and one of them died, this doubtful son may perform either chalitzah or yibbum with the deceased's wife. For if he is his brother from his father, he has performed yibbum with his wife; and if he is not his brother from his father, there is no brotherhood between them at all, and therefore he is permitted to marry his wife.

8. If the doubtful son died, one of the two sons of certain lineage performs chalitzah with his wife first, and the second performs yibbum, which is permissible in either case. If he is his brother, he has performed yibbum with his wife; and if he is not his brother but the son of the other father, she has already undergone chalitzah from her husband's brother.

9. A woman whose husband went to another country, and she heard that he had died, and she remarried; afterwards the first husband came back, and both men died. If each had brothers, the brothers of this one and the brothers of that one perform chalitzah and not yibbum.

10. Five women each had a known son. All five became pregnant and gave birth at once in one hiding place, and the babies became mixed up. The mixed-up children grew up and married wives, and the five men died, and the five wives became subject to the five sons of certain lineage, none of whom knows which woman is his brother's wife. What is their remedy? Four of them perform chalitzah with one woman first, and the fifth marries the woman who has undergone four chalitzos, which is permissible in either case.

11. How so? If she is his brother's wife, he has performed yibbum with her; and if she is not his brother's wife, she is the wife of the brother of one of the four, and all four have already performed chalitzah with her. Likewise with the second woman: four perform chalitzah with her, one of the four being the one who married the first woman, and the fifth marries her. In this way, the five sons end up marrying the five women, after each of them has undergone four chalitzos.

12. In all cases of doubt, always be careful with these principles. Any woman about whom you are in doubt whether she requires chalitzah from this man or does not require chalitzah from him is not permitted to marry another man until that man performs chalitzah with her. And any woman about whom you are in doubt whether relations with her are forbidden to this man, whether by the words of the Torah or by the words of the Sofrim, does not undergo yibbum with him. And whenever a woman has undergone a "superior" chalitzah, or has had a valid act of relations, her co-wife becomes permitted to another man.

13. Along these lines you will understand and rule in all the doubtful cases that may arise concerning yibbum and chalitzah. For we have explained all the principles upon which you can rely and know who is the one who performs chalitzah, who is the one who performs yibbum, who is the woman exempt from chalitzah and from yibbum, and who is the woman fit for yibbum.