|
SteinsaltzThe Torah law obligating a man whose brother died without children [yavam] to marry his deceased brother’s widow [yevama] or to free her from her levirate bonds through the act of ḥalitza applies only when it is permitted for the widow to marry her surviving brother-in-law. However, in cases where the yevama is forbidden to her yavam due to her status as a close family relative, the mitzva of levirate marriage is not applicable, and she is exempt from both levirate marriage and ḥalitza. And these women are: The daughter of the yavam, i.e., the deceased brother had married a daughter of his brother, which means that when he died childless, his brother’s own daughter came before her father for levirate marriage, and therefore she is exempt. And the same applies if the deceased brother’s widow is the daughter of the daughter of the yavam, or if she is the daughter of his son, or the daughter of his wife. And similarly, if the yevama is the daughter of the son of the wife of her yavam or the daughter of his wife’s daughter, or if she is the mother-in-law of her yavam, or his mother-in-law’s mother, or his father-in-law’s mother, then she is exempt from ḥalitza and levirate marriage. The mishna continues its list of close relatives. If the yevama is the maternal half sister of the yavam, or if she is the sister of his mother, or his wife’s sister, then she is exempt from both ḥalitza and levirate marriage Or if she was the wife of his maternal half brother, and after this brother died or divorced his wife, she married another of his father’s brothers, who was not her relative, and this brother died, she is exempt. In this case, the obligation to enter into levirate marriage should be incurred by the surviving brother, but since she was previously the wife of his maternal brother, she is exempt. Talmud - Bavli - The William Davidson digital edition of the Koren No=C3=A9 Talmud
with commentary by Rabbi Adin Steinsaltz Even-Israel (CC-BY-NC 4.0)
|