## Mishneh Torah, Levirate Marriage and Release Chapter 2

###### Mishneh Torah, Levirate Marriage and Release 2:1
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מִדִּבְרֵי סוֹפְרִים שֶׁלֹּא יָבֹא הַיָּבָם עַל יְבִמְתּוֹ עַד שֶׁיְּקַדֵּשׁ אוֹתָהּ בִּפְנֵי שְׁנֵי עֵדִים בִּפְרוּטָה אוֹ בִּשְׁוֵה פְּרוּטָה וְזֶהוּ הַנִּקְרָא מַאֲמָר. וְאֵין הַמַּאֲמָר קוֹנֶה בַּיְבָמָה קִנְיָן גָּמוּר כְּמוֹ הַבִּיאָה. וְהָעוֹשֶׂה מַאֲמָר בִּיבִמְתּוֹ שֶׁלֹּא מִדַּעְתָּהּ לֹא עָשָׂה כְּלוּם שֶׁאֵין הָאִשָּׁה מִתְקַדֶּשֶׁת אֶלָּא לִרְצוֹנָהּ. וּקְטַנָּה מִן הָאֵרוּסִין אֵין עוֹשִׂין בָּהּ מַאֲמָר אֶלָּא מִדַּעַת אָבִיהָ:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
It is a Rabbinic ordinance that a *yavam* should not enter into marital relations with his *yevamah* until he consecrates her in the presence of two witnesses, with a *p'rutah* or an article worth a *p'rutah*.¹ can also be effected with a *sh'tar*, a legal document (*Maggid Mishneh*).
From *Yevamot* 52a it would appear that this practice was instituted as an expression of modesty. Just as with regard to marriage, although it is acceptable to consecrate a woman through sexual relations according to Scriptural law, our Rabbis ordered a ban of ostracism to be placed on a person who does so; so too, with regard to *yibbum*, they required that the man designate the woman as his wife before entering into marital relations with her. This [act] is called a *ma'amar*.² means "statement." The *Tosefot Yom Tov* explains that the term was chosen because the *yavam* must make a statement of intent. Rav Kapach offers an alternative interpretation, citing Deuteronomy 26:17,18, which uses the root אמר to mean "designate," or "declare allegiance to."
A *ma'amar* does not complete the acquisition of a *yevamah*, as will be explained.³ continues "as does sexual relations." Nevertheless, authoritative manuscripts and early printings of the *Mishneh Torah* do not contain this addition. Based on that version, Rav Kapach explains that the comparison may be, not to sexual relations with a *yevamah*, but rather to the effectiveness of the transfer of money in ordinary *kiddushin*.
When [a *yavam*] performs a *ma'amar* with his *yevamah* without her knowledge, his deed is of no consequence. For a woman can be consecrated only willingly.⁴ 4:1. When a minor is widowed after being merely consecrated,⁵ 3:11-12. a *ma'amar* can be performed only with the consent of her father.

footnotes:
¹ A ma'amar
² The word ma'amar
³ See Chapter 5, Halachot 2-3.The standard printed text of the Mishneh Torah
⁴ See Hilchot Ishut
⁵ If the minor's marriage is consummated, she leaves her father's authority and acts independently. As long as she is merely consecrated, however, she is under her father's authority. See Hilchot Ishut


###### Mishneh Torah, Levirate Marriage and Release 2:2
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וּכְשֵׁם שֶׁהוּא מְקַדֵּשׁ אֶת יְבִמְתּוֹ כָּךְ הוּא מְבָרֵךְ בִּרְכַּת נִשּׂוּאִין בַּעֲשָׂרָה וְכוֹתֵב כְּתֻבָּה כְּדִין כָּל נוֹשֵׂא אִשָּׁה. הַבָּא עַל יְבִמְתּוֹ וְלֹא עָשָׂה בָּהּ מַאֲמָר קָנָה קִנְיָן גָּמוּר וְאֵינוֹ צָרִיךְ לַחֲזֹר וּלְקַדֵּשׁ אַחַר הַבְּעִילָה. וּמַכִּין אוֹתוֹ מַכַּת מַרְדּוּת. וְכוֹתֵב לָהּ כְּתֻבָּה:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
Just as [the *yavam*] must consecrate his *yevamah*, so too, he should recite the marriage blessings in the presence of ten men⁶ 10:3 for the text of these blessings. The Ramah (*Even HaEzer* 166:2) states that the ceremony of *chuppah* should also be performed, and the *Ma'aseh Rokeach* adds that *Birkat Erusin* (*Hilchot Ishut* 3:23) should be recited. and compose a *ketubah* ("marriage contract"), as is required of any man who marries a woman.⁷ to be composed by the *yavam* appears in Chapter 4, Halachah 32.
When [a *yavam*] enters into marital relations with his *yevamah* without previously performing a *ma'amar* with her, he acquires her in a binding manner;⁸ he does not have to consecrate her after engaging in marital relations with her. He should be given stripes for rebellious conduct⁹ 3:21. and should write a *ketubah* for her.

footnotes:
⁶ See Hilchot Ishut
⁷ The text of the ketubah
⁸ The fact that he disobeyed our Sages' wishes does not cause his deed to lose its effectiveness.
⁹ The punishment given for disobeying a Rabbinic ordinance. See Hilchot Ishut


###### Mishneh Torah, Levirate Marriage and Release 2:3
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הַבָּא עַל יְבִמְתּוֹ בֵּין בְּשׁוֹגֵג בֵּין בְּמֵזִיד בֵּין בְּאֹנֶס בֵּין בְּרָצוֹן. בֵּין שֶׁהָיָה הוּא מֵזִיד וְהִיא שׁוֹגֶגֶת אוֹ אֲנוּסָה. בֵּין שֶׁהָיְתָה הִיא מְזִידָה וְהוּא שׁוֹגֵג אוֹ אָנוּס. בֵּין שֶׁהָיְתָה יְשֵׁנָה בֵּין שֶׁהָיְתָה עֵרָה (בֵּין שֶׁבָּא עָלֶיהָ כְּדַרְכָּהּ בֵּין שֶׁלֹּא כְּדַרְכָּהּ). אֶחָד הַמְעָרֶה וְאֶחָד הַגּוֹמֵר קָנָה:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
When [a *yavam*] engages in marital relations with his *yevamah*, he acquires her [as his wife]. [This applies] regardless of whether he entered into these relations unintentionally¹⁰ (*Even HaEzer* 166:9), which cites a minority opinion that differentiates between whether the *yevamah* had been married to her first husband or merely consecrated by him. In the latter instance, she must be consecrated a second time. or with a licentious intent,¹¹ 53b. under duress or willingly, whether he acted with a licentious intent and she acted unintentionally or under duress, or she acted with a licentious intent and he acted unintentionally or under duress, whether she was asleep¹² act. or awake, whether he performed vaginal or anal intercourse,¹³ is to "perpetuate the name of his brother" (Deuteronomy 25:7 - i.e., to conceive progeny. Although this objective cannot be achieved through anal intercourse, it is still an effective means of acquisition. Since both the man and the woman are capable of conceiving children, the fact that they cannot accomplish that through this sexual act does not detract from its effectiveness (*Beit Shmuel* 166:6). whether he inserted merely the head of his penis or the entire organ.¹⁴ 1:10.

footnotes:
¹⁰ Note the Shulchan Aruch
¹¹ Our translation is based on Rashi's gloss, Yevamot
¹² Although it is improper for a husband to engage in relations with his wife when she is asleep, this does not negate the effectiveness of the yavam's
¹³ The purpose of yibbum
¹⁴ Our translation is based on Hilchot Issurei Bi'ah


###### Mishneh Torah, Levirate Marriage and Release 2:4
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בַּמֶּה דְּבָרִים אֲמוּרִים שֶׁנִּתְכַּוֵּן לִבְעל אֲבָל (אִם נָפַל מִן הַגַּג וְנִתְקַע בָּהּ אוֹ) שֶׁבָּא עָלֶיהָ שִׁכּוֹר שֶׁאֵינוֹ מַכִּיר כְּלוּם אוֹ יָשֵׁן לֹא קָנָה. נִתְכַּוֵּן לְדָבָר אַחֵר וְהֵטִיחַ בִּיבִמְתּוֹ לֹא קָנָה. לְהָטִיחַ בִּבְהֵמָה וְהֵטִיחַ בִּיבִמְתּוֹ קָנָה שֶׁהֲרֵי נִתְכַּוִּן לְשׁוּם בְּעִילָה מִכָּל מָקוֹם:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
When does the above apply? When [the *yavam*] intends to perform a sexual act. If, however, he fell from the roof [with an erection] and [accidentally] inserted his organ into his *yevamah*, had relations with her when he was so intoxicated that he was not conscious of anything,¹⁵, who questions this ruling based on the Jerusalem Talmud (*Yevamot* 6:1, quoted by the Rambam in Chapter 6, Halachah 3), which states that when a mentally incompetent person performs *yibbum*, his act is binding. The *Or Sameach* explains that a mentally incompetent person may have the intent to engage in sexual relations. In this instance, however, the person has lost control of his faculties to the extent that he has no intent whatsoever. or when he was asleep, he does not acquire her [as his wife].
If he intended to masturbate in a hole in the wall and unintentionally inserted his organ into his *yevamah*, he does not acquire her [as his wife].¹⁶ If he intended to sodomize an animal and unintentionally inserted his organ into his *yevamah*, he does acquire her [as his wife].¹⁷

footnotes:
¹⁵ Note the Or Sameach
¹⁶ For masturbation is not considered to be sexual relations.
¹⁷ For sodomy is considered to be a forbidden form of relations.


###### Mishneh Torah, Levirate Marriage and Release 2:5
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יְבָמָה שֶׁנִּתְיַבְּמָה וְאָמְרָה בְּתוֹךְ שְׁלֹשִׁים יוֹם לֹא נִבְעַלְתִּי וְאַף עַל פִּי שֶׁהוּא אוֹמֵר בָּעַלְתִּי וְגֵרְשָׁהּ כּוֹפִין אוֹתוֹ שֶׁיַּחֲלֹץ הוֹאִיל וְקִדֵּם וְגֵרְשָׁהּ בְּגֵט. וְאִם עֲדַיִן לֹא גֵּרֵשׁ כּוֹפִין אוֹתוֹ שֶׁיִּבְעל אוֹ יַחֲלֹץ וְיוֹצִיא בְּגֵט. גֵּרְשָׁהּ לְאַחַר שְׁלֹשִׁים יוֹם וְהִיא אוֹמֶרֶת לֹא נִבְעַלְתִּי מְבַקְּשִׁים מִמֶּנּוּ שֶׁיַּחֲלֹץ לָהּ. וְאִם הָיָה מוֹדֶה שֶׁלֹּא בָּעַל כּוֹפִין אוֹתוֹ לַחֲלֹץ. הִיא אוֹמֶרֶת נִבְעַלְתִּי וְהוּא אוֹמֵר לֹא בָּעַלְתִּי אֵינָהּ צְרִיכָה חֲלִיצָה שֶׁאֵין זֶה נֶאֱמָן לְאָסְרָהּ עַל כָּל אָדָם אַחַר שֶׁכְּנָסָהּ:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
[The following rules apply when a *yavam* takes] his *yevamah* [home to] perform *yibbum*, and within 30 days she claims that they did not engage in sexual relations. [The *yavam*] claims that they did engage in relations and then divorces her. Since he already took the initiative and divorced her, we compel him to perform *chalitzah* with her.¹⁸ did not engage in relations with her, and compel him to perform *chalitzah* so the *yevamah* can remarry another man (*Yevamot* 111b).
If he did not divorce her, we compel him to engage in relations with her,¹⁹ or to perform *chalitzah* and also to divorce her, giving her a *get*.²⁰; Ramah, *Even HaEzer* 167:6). Nevertheless, since she claims that they did not, and there is plausibility to her claim, he is also required to perform *chalitzah*.
If he divorced her after thirty days had passed, and she claims that they did not engage in sexual relations, we request that he perform *chalitzah* with her.²¹ (*Yevamot, ibid.*). Nevertheless, we ask him to perform this rite, for otherwise the woman will not be permitted to remarry. If, however, he admits that he had not entered into relations with her, we compel him to perform *chalitzah* with her.²². Therefore, he should fulfill the mitzvah of *chalitzah* so that she can remarry.
If she claims that they engaged in sexual relations, and he denies engaging in relations, she is not required to engage in *chalitzah*, for his word is not accepted [when he desires] to cause her to be forbidden to all other men, once he brings her to his home as his wife.

footnotes:
¹⁸ Since it is within 30 days, we accept the possibility that the yavam
¹⁹ And remain married to her.
²⁰ Since he brought her home as his wife, even if he agrees that they did not engage in relations, he is required to divorce her, because it is likely that they did engage in relations (Maggid Mishneh
²¹ After a couple have lived together for thirty days, we assume that they have engaged in relations, for a man will not restrain himself any longer. Hence, the man cannot be compelled to perform chalitzah
²² He has nothing to lose in this concern, for since he divorced her without entering into relations with her, he is no longer permitted to fulfill the mitzvah of yibbum


###### Mishneh Torah, Levirate Marriage and Release 2:6
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מִי שֶׁמֵּת וְהִנִּיחַ אַחִים רַבִּים מִצְוָה עַל הַגָּדוֹל לְיַבֵּם אוֹ לַחֲלֹץ שֶׁנֶּאֱמַר (דברים כה ו) ״וְהָיָה הַבְּכוֹר אֲשֶׁר תֵּלֵד״‎‎. מִפִּי הַשְּׁמוּעָה לָמְדוּ שֶׁאֵינוֹ מְדַבֵּר אֶלָּא בִּבְכוֹר שֶׁבָּאַחִין כְּלוֹמַר גְּדוֹל הָאַחִין יָקוּם עַל שֵׁם אָחִיו הַמֵּת. וְזֶה שֶׁנֶּאֱמַר אֲשֶׁר תֵּלֵד מַשְׁמָעוֹ אֲשֶׁר יָלְדָה הָאֵם וְאֵין מַשְׁמָעוֹ אֲשֶׁר תֵּלֵד הַיְבָמָה:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
When a man dies [childless], and he is survived by many brothers, the mitzvah is incumbent on the eldest brother to perform either *yibbum* or *chalitzah*, as [implied by Deuteronomy 25:6]: "The firstborn son whom she bears [will perpetuate the name of the deceased brother]." The Oral Tradition interprets the verse as referring to the eldest of the surviving brothers, causing the verse to be rendered: "The eldest brother will perpetuate the name of the deceased brother." The subject of the phrase "whom she bears" is the mother of the brothers and not the *yevamah*.²³. Nevertheless, in a halachic context, it is possible for one verse to have several interpretations. Accordingly, *Yevamot* 2:8 (see the Rambam's Commentary on the Mishnah) interprets this verse to be referring to the deceased's mother. (See also *Yevamot* 24a, quoted in Chapter 6, Halachah 8, which considers the *yevamah* the subject of the phrase in a different halachic context.)

footnotes:
²³ According to the simple meaning of the verse, the subject is - as reflected in our translation - the yevamah


###### Mishneh Torah, Levirate Marriage and Release 2:7
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לֹא רָצָה הַגָּדוֹל לְיַבֵּם מְחַזְּרִין עַל כָּל הָאַחִין. לֹא רָצוּ חוֹזְרִין אֵצֶל הַגָּדוֹל וְאוֹמְרִין עָלֶיךָ מִצְוָה אוֹ חֲלֹץ אוֹ יַבֵּם. וְאֵין כּוֹפִין אֶת הַיָּבָם לְיַבֵּם אֲבָל כּוֹפִין אוֹתוֹ לַחֲלֹץ:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
If the eldest brother does not desire to perform *yibbum*, all the other brothers are given that option.²⁴ If they also do not desire, we return to the eldest brother and tell him: "The mitzvah is incumbent on you. Perform either *yibbum* or *chalitzah*." We do not compel the *yavam* to perform *yibbum*;²⁵ takes priority over the mitzvah of *chalitzah*, we cannot compel a man to wed a woman with whom he does not desire to live. we do, however, compel him to perform *chalitzah*.²⁶ may not remarry.

footnotes:
²⁴ See Halachah 12.
²⁵ Although the Rambam maintains that the mitzvah of yibbum
²⁶ For until this mitzvah is performed, the yevamah


###### Mishneh Torah, Levirate Marriage and Release 2:8
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אָמַר הַגָּדוֹל הַמְתִּינוּ לִי עַד שֶׁיַּגְדִּיל הַקָּטָן אוֹ עַד שֶׁיָּבוֹא הַהוֹלֵךְ אוֹ עַד שֶׁיַּבְרִיא הַחֵרֵשׁ וְנִמָּלֵךְ בּוֹ וְאִם לֹא יִרְצֶה אֲנִי אֲיַבֵּם אוֹ אֲנִי אֶחְלֹץ אֵין שׁוֹמְעִין לוֹ. אֶלָּא אוֹמְרִין לוֹ עָלֶיךָ מִצְוָה אוֹ יַבֵּם אוֹ חֲלֹץ:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
If the eldest brother says: "Give me a respite until [a brother] who is a minor attains majority," "... until [a brother] who is on a journey returns," or "... until [a brother] who has [temporarily] lost his powers of speech and hearing recovers; if he refuses, I will perform *yibbum* or *chalitzah*" - his request is not accepted. He is told: "The mitzvah is incumbent on you. Perform either *yibbum* or *chalitzah*."²⁷ should not be subjected to an unnecessary delay, if possible.

footnotes:
²⁷ I.e., the yevamah


###### Mishneh Torah, Levirate Marriage and Release 2:9
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וְכֵן אִם הָיָה הַגָּדוֹל בִּמְדִינָה אַחֶרֶת אֵין אָחִיו הַקָּטָן יָכוֹל לוֹמַר עַל אָחִי הַגָּדוֹל הִיא הַמִּצְוָה הַמְתִּינוּ לוֹ עַד שֶׁיָּבוֹא אֶלָּא אוֹמְרִין לְזֶה שֶׁהוּא כָּאן יַבֵּם אוֹ חֲלֹץ:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
Similarly, if the eldest brother is in another country,²⁸ (*Even HaEzer* 161:5) uses the expression "an overseas country." The *Beit Shmuel* 161:6 cites the expression used by the Rambam and explains that it refers to a country in which a different language is spoken, even if it is relatively close. He cites a ruling of Mahari Mintz, which states that if the eldest brother is in another city, and the *yevamah* does not have the funds to pay for travel there, the younger brother can be compelled to perform the mitzvah. (*Kin'at Eliyahu* notes that the Rambam often uses the word *medinah* to mean metropolis. He questions whether that is the Rambam's intent here.) [the obligation is transferred to his younger brother]. The younger brother does not have the option of saying: "The mitzvah is incumbent on my older brother. Wait until he comes." Instead, we tell the brother that is present: "Perform either *yibbum* or *chalitzah*."²⁹ to an unnecessary delay.

footnotes:
²⁸ When stating this law, the Shulchan Aruch
²⁹ Here also, the intent is not to subject the yevamah


###### Mishneh Torah, Levirate Marriage and Release 2:10
[Mishneh Torah, Levirate Marriage and Release 2:10](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Levirate%20Marriage%20and%20Release/r/2:10)

יְבָמָה הָרְאוּיָה לְיִבּוּם שֶׁלֹּא רָצְתָה לְהִתְיַבֵּם דִּינָהּ כְּדִין מוֹרֶדֶת עַל בַּעְלָהּ וְכוֹפִין אֶת יְבָמָהּ לַחֲלֹץ לָהּ וְתֵצֵא בְּלֹא כְּתֻבָּה. וְאִם הִנִּיחַ אָחִיו נָשִׁים רַבּוֹת כָּל מִי שֶׁתְּבָעָהּ הַיָּבָם מֵהֶן לְיִבּוּם וְלֹא רָצְתָה הִיא הַמּוֹרֶדֶת וְחוֹלֵץ לָהּ וְתֵצֵא בְּלֹא כְּתֻבָּה. וּשְׁאָר צָרוֹתֶיהָ שֶׁלֹּא נִתְבְּעוּ נוֹטְלוֹת כְּתֻבָּתָן כִּשְׁאָר הָאַלְמָנוֹת:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
The laws pertaining to a *yevamah* who is fit to perform *yibbum*³⁰ and refuses to do so are the same as those governing a woman who rebels against her husband.³¹ 14:8, which states that a woman who refuses to engage in marital relations because she is repelled by her husband, should be divorced by her husband, because "she is not like a captive, [to be forced] to engage in relations with someone she loathes." She does, however, forfeit the money due her by virtue of her marriage contract and any presents that her husband gave her. As mentioned in the notes on *Hilchot Ishut*, the *Shulchan Aruch* (*Even HaEzer* 77:2) follows a different perspective with regard to this ruling.
There is also a difference of opinion among the authorities whether a woman who refuses to engage in *yibbum* is considered to have "rebelled." As mentioned in the notes on Chapter 1, Halachah 2, the Ashkenazic authorities maintain that the mitzvah of *chalitzah* takes precedence over the mitzvah of *yibbum*. Therefore, they maintain that a woman has the right to refuse to engage in *yibbum*, and she is not judged to have "rebelled" for this reason. We compel her *yavam* to perform *chalitzah* with her,³² (*Even HaEzer* 77:2) differs with the Rambam and maintains that a husband should not be compelled to divorce a woman who "rebels." According to that perspective, a *yavam* should also not be compelled to perform *chalitzah*.
According to the Ramah (*Even HaEzer* 165:1), who favors *chalitzah*, when a *yavam* desires to perform *yibbum* and the *yevamah* refuses, the *yavam* cannot be compelled by force to perform *chalitzah*. He should, however, be convinced to do so. Note the gloss of the *Beit Shmuel* 165:1, which discusses this ruling in detail.
All authorities agree that if the *yavam* is one of the individuals considered unfit to marry (see Halachah 14), he should be compelled to perform *chalitzah*. and she forfeits [the money due her by virtue of her] marriage contract.
When the deceased is survived by many wives, the one that the *yavam* asks to perform *yibbum* and refuses is considered to have "rebelled." He should perform *chalitzah* with her, and she forfeits [the money due her by virtue of her] marriage contract.³³; the choice is his and not hers. The other wives who were not asked [to perform *yibbum*] receive [the money due them by virtue of their] marriage contracts, as other widows do.

footnotes:
³⁰ I.e., there is no halachic reason preventing her from doing so.
³¹ See Hilchot Ishut
³² The Shulchan Aruch
³³ This applies even if one of the other women would be willing to marry the yavam


###### Mishneh Torah, Levirate Marriage and Release 2:11
[Mishneh Torah, Levirate Marriage and Release 2:11](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Levirate%20Marriage%20and%20Release/r/2:11)

הָיוּ הַיְבָמִין רַבִּים וְתָבַע אוֹתָהּ הַגָּדוֹל לְיִבּוּם וְהִיא אֵינָהּ רוֹצָה בּוֹ וְרוֹצָה בְּאָחִיו אֵין שׁוֹמְעִין לָהּ, שֶׁמִּצְוָה בַּגָּדוֹל לְיַבֵּם:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
If [the deceased was survived by] many [brothers], and the eldest brother states that he wants to perform *yibbum* with [one of the deceased's wives], [she is under obligation to him].³⁴ explains that the woman must either consent to *yibbum* or be considered to have "rebelled." Even if she does not desire [to marry] him, but is willing to marry one of his brothers, her desire is not considered. For the mitzvah is that the eldest brother perform *yibbum*.

footnotes:
³⁴ The Maggid Mishneh


###### Mishneh Torah, Levirate Marriage and Release 2:12
[Mishneh Torah, Levirate Marriage and Release 2:12](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Levirate%20Marriage%20and%20Release/r/2:12)

אָמַר הַגָּדוֹל אֵינִי רוֹצֶה לֹא לְיַבֵּם וְלֹא לַחֲלֹץ. הֲרֵי אַחַי לְפָנַיִךְ. וְתָבַע אוֹתָהּ אֶחָד מִן הָאַחִין לְיִבּוּם וְהִיא אֵינָהּ רוֹצָה בּוֹ וְרָצְתָה בְּאָח אַחֵר וְהוּא רוֹצֶה בָּהּ. אֵין זוֹ מוֹרֶדֶת מֵאַחַר שֶׁנִּסְתַּלֵּק הַגָּדוֹל שֶׁמִּצְוָה בּוֹ הֲרֵי כֻּלָּן שָׁוִין וְהוֹאִיל וְהִיא רוֹצָה בְּאֶחָד מֵהֶן וְהוּא רוֹצֶה בָּהּ הֲרֵי זֹאת לֹא מָרְדָה. וְלֹא עוֹד אֶלָּא אִם הָיָה אֶחָד מֵהֶן בִּמְדִינָה אַחֶרֶת וְאָמְרָה הֲרֵי אֲנִי מַמְתֶּנֶת אוֹתוֹ עַד שֶׁיָּבוֹא וִייַבֵּם אוֹתִי אֲבָל זֶה אֵינִי רוֹצָה בּוֹ אֵין זוֹ מוֹרֶדֶת. וְאוֹמְרִים לְזֶה שֶׁאֵינוֹ הַגָּדוֹל הַתּוֹבֵעַ אוֹתָהּ אִם תִּרְצֶה לַחֲלֹץ לָהּ וְלִתֵּן לָהּ כְּתֻבָּה חֲלֹץ. וְאִם לָאו הֲרֵי רָצְתָה שֶׁתֵּשֵׁב עַד שֶׁיָּבוֹא אָחִיךָ הוֹאִיל וְאֵין לְךָ דִּין קְדִימָה עָלָיו:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
[The following rules apply when] the eldest brother says: "I do not want to perform either *yibbum* or *chalitzah*. Behold, my brother is present." If one of the brothers asks her to perform *yibbum*, and she does not desire [to marry] him, but she does desire [to marry] another brother, and he desires [to marry] her, she is not considered to have "rebelled." Once the eldest brother upon whom the mitzvah is incumbent demurs, all the brothers are equal.³⁵ (*Even HaEzer* 161:4). Since she desires [to marry] one of [the brothers], and he desires [to marry] her, she is not considered to have "rebelled."³⁶
Moreover, if one of the brothers was in another country, and the woman says: "I would prefer to wait for him to come and perform *yibbum* with me. I do not want [to marry] this one," she is not considered to have "rebelled." [Since] the brother who asks [to marry her] is not the eldest, we tell him: "If you desire to perform *chalitzah* and pay her [the money due her by virtue of her] marriage contract, you may.³⁷ takes priority over the mitzvah of *chalitzah*, this is the case only when *yibbum* can be performed immediately. In this instance, this brother is not forced to wait until his other brother returns, for having the obligation to perform *yibbum* or *chalitzah* is a detriment to a man, as stated in Halachah 16 (Rav David Arameah). If not, she wants to wait until your brother comes. Since you do not have a prior claim, [she is granted that prerogative].³⁸ or *chalitzah* performed as soon as possible, as reflected in Halachot 8 and 9. This, however, is a measure of consideration for the woman, so that she will not be forced to remain without a husband. In this instance, it is she who desires the delay. Hence, she is given that prerogative (*Or Sameach*).

footnotes:
³⁵ The Ra'avad and others differ with the Rambam on this point and maintain that if the eldest brother demurs, the prerogative is given to the brother who is next in the order of age. This perspective is followed by the Shulchan Aruch
³⁶ If, however, the brother she desires to marry does not desire to marry her, she is considered to have "rebelled," as stated in the following halachah.
³⁷ Although, according to the Rambam, the mitzvah of yibbum
³⁸ Generally, the court makes an effort to have the mitzvah of yibbum


###### Mishneh Torah, Levirate Marriage and Release 2:13
[Mishneh Torah, Levirate Marriage and Release 2:13](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Levirate%20Marriage%20and%20Release/r/2:13)

בָּא זֶה שֶׁתָּלְתָה בּוֹ וְלֹא רָצָה בָּהּ. חוֹזְרִין אֵצֶל זֶה שֶׁתָּבַע אוֹתָהּ לְיַבֵּם וְהִיא אֵינָהּ רוֹצָה בּוֹ. וְאוֹמְרִין לָהּ אֵין כָּאן מִי שֶׁרָצָה לְיַבֵּם אֶלָּא זֶה וּמִצְוַת יִבּוּם קוֹדֶמֶת. אוֹ תִּתְיַבֵּם לוֹ אוֹ תֵּצֵא בְּלֹא כְּתֻבָּה כְּדִין כָּל מוֹרֶדֶת:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
If the brother [whom the *yevamah* desired to marry] returned and did not desire [to marry] her, we turn again to the brother who desired to perform *yibbum*, but was not desired by the woman. We tell the woman: "There is no one who desires to perform *yibbum* with you except this one, and the mitzvah of *yibbum* is given priority. Either perform *yibbum* with this one, or leave without receiving [the money due because of your] marriage contract, as is the law with regard to all women who rebel."


###### Mishneh Torah, Levirate Marriage and Release 2:14
[Mishneh Torah, Levirate Marriage and Release 2:14](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Levirate%20Marriage%20and%20Release/r/2:14)

כָּל יְבָמָה שֶׁאָמַרְנוּ שֶׁדִּינָהּ שֶׁתַּחֲלֹץ וְלֹא תִּתְיַבֵּם הֲרֵי זוֹ נוֹטֶלֶת כְּתֻבָּתָהּ אִם יֵשׁ לָהּ כְּתֻבָּה כִּשְׁאָר כָּל הָאַלְמָנוֹת. וְכֵן אִם הָיָה יְבָמָהּ מֻכֶּה שְׁחִין אוֹ שֶׁיֵּשׁ בּוֹ שְׁאָר מוּמֵי אֲנָשִׁים חוֹלֵץ לָהּ וְנוֹטֶלֶת כְּתֻבָּתָהּ. נוֹלְדוּ בָּהּ מוּמִין כְּשֶׁהִיא שׁוֹמֶרֶת יָבָם, נִסְתַּחֲפָה שָׂדֵהוּ. אִם לֹא רָצָה לְיַבֵּם יַחֲלֹץ וְיִתֵּן כְּתֻבָּה:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
Whenever the law is that a woman should perform *chalitzah* and not *yibbum*, as we have mentioned,³⁹ if she is entitled to receive [the money due her by virtue of] her marriage contract,⁴⁰ she may collect that money in the same way as other widows.
Similarly, if the *yavam* was a leper or he has other blemishes [for which] men [are required to divorce],⁴¹ 25:11. he must perform *chalitzah* for her, and she is entitled to receive [the money due her by virtue of] her marriage contract.
If a *yevamah* suffered blemishes while she was waiting for *yibbum*, it is the *yavam's* lack of fortune.⁴² 7:8, 25:2. Nevertheless, in this instance this law does not apply, because the connection between the *yavam* and the *yevamah* begins directly after her first husband's death. If he does not desire to perform *yibbum*, he must perform *chalitzah* and give her [the money due her by virtue of] her marriage contract.

footnotes:
³⁹ See Chapter 1, Halachah 5. (See also Chapter 3, Halachot 4, 13-14 and Chapter 6, Halachah 7.)
⁴⁰ I.e., her first husband or his estate would have had to pay her the money due her by virtue of her marriage contract.
⁴¹ He has constant bad breath or a smell coming from his nose, or he works as a copper miner, a tanner, or a collector of dog feces, as stated in Hilchot Ishut
⁴² A man is entitled to divorce his wife if he discovers that she possessed physical blemishes that mar her appeal before her marriage, and he is not required to pay her the money due her by virtue of her marriage contract, as stated in Hilchot Ishut


###### Mishneh Torah, Levirate Marriage and Release 2:15
[Mishneh Torah, Levirate Marriage and Release 2:15](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Levirate%20Marriage%20and%20Release/r/2:15)

יְבָמָה שֶׁנָּדְרָה הֲנָיָה מִיבָמָהּ בְּחַיֵּי בַּעְלָהּ. אוֹ שֶׁנָּדְרָה הֲנָיָה מִכָּל הַיְּהוּדִים. כּוֹפִין אוֹתוֹ שֶׁיַּחֲלֹץ לָהּ וְתִטּל כְּתֻבָּתָהּ. וְאִם נָדְרָה לְאַחַר מִיתַת בַּעְלָהּ מְבַקְּשִׁים מִמֶּנּוּ שֶׁיַּחֲלֹץ לָהּ וְאִם לֹא רָצָה הֲרֵי זוֹ מוֹרֶדֶת. וְכֵן אִם נִתְכַּוְּנָה בְּנִדְרָהּ אֲפִלּוּ בְּחַיֵּי בַּעְלָהּ כְּדֵי שֶׁלֹּא יְיַבֵּם אוֹתָהּ אֵין כּוֹפִין אוֹתוֹ לַחֲלֹץ אֶלָּא אִם כֵּן מָרְדָה וְתֵצֵא בְּלֹא כְּתֻבָּה:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
When, during her [first] husband's lifetime, a *yevamah* takes a vow prohibiting her from deriving benefit from her *yavam,*⁴³ in her husband's lifetime for other reasons, without the explicit intent that she would free herself from obligation to him. or from all Jews,⁴⁴. [her *yavam*] should be compelled to perform *chalitzah* for her, and she is entitled to collect [the money due by virtue of] her marriage contract.⁴⁵, because she will derive benefit from him and thus break her vow. Nor is she considered to be a woman who rebels, because her vow was not taken to free her from the obligation of *yibbum*. (See *Yevamot* 112a.)
If she takes such a vow after her [first] husband's death, we request⁴⁶, the *yavam* is not obligated to respect it. [her *yavam*] to perform *chalitzah* for her.⁴⁷ willingly, he is obligated to pay her the money due by virtue of her marriage contract. If he does not desire to do so, she is considered to have "rebelled."⁴⁸ with her, but is not required to pay her the money due by virtue of her marriage contract, as stated in Halachah 10. Similarly, even if she took such a vow in her husband's lifetime, if her intent was that he should not perform *yibbum* with her,⁴⁹. he is not compelled to perform *chalitzah*, unless she [accepts the status of] one who rebels and forfeits [payment of] her marriage contract.

footnotes:
⁴³ I.e., she took a vow not to benefit from the yavam
⁴⁴ I.e., the woman took a vow not to benefit from any Jews. Although that vow did not take effect with regard to her husband, once her husband died it takes effect with regard to the yavam
⁴⁵ She is not allowed to marry the yavam
⁴⁶ Since the vow was taken specifically to free her from the obligation of yibbum
⁴⁷ If he agrees and performs chalitzah
⁴⁸ In which case he is compelled to perform chalitzah
⁴⁹ Moreover, even if we are unsure of the woman's intent when taking the vow, we assume that she desired to free herself from the obligation of yibbum


###### Mishneh Torah, Levirate Marriage and Release 2:16
[Mishneh Torah, Levirate Marriage and Release 2:16](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Levirate%20Marriage%20and%20Release/r/2:16)

יְבָמָה שֶׁתְּבָעָהּ הַיָּבָם לַחֲלִיצָה וְהִיא אוֹמֶרֶת אֵינִי חוֹלֶצֶת וְלֹא נוֹטֶלֶת כְּתֻבָּה אֶלָּא אֵשֵׁב בְּבֵית בַּעְלִי וְכִשְׁאָר כָּל הָאַלְמָנוֹת אֵין שׁוֹמְעִין לָהּ. שֶׁהֲרֵי הִקְנוּ אוֹתָהּ לְזֶה מִן הַשָּׁמַיִם. רָצָה מְיַבֵּם רָצָה חוֹלֵץ וְנוֹתֵן כְּתֻבָּה. וְלֹא עוֹד אֶלָּא אֲפִלּוּ אָמְרָה אֲנִי נִזּוֹנֶת מִשֶּׁלִּי וְאֵשֵׁב עֲגוּנָה כָּל יְמֵי חַיַּי אֵין שׁוֹמְעִין לָהּ. שֶׁהֲרֵי הַיָּבָם אוֹמֵר לָהּ כָּל זְמַן שֶׁאַתְּ זְקוּקָה לִי אֵין נוֹתְנִין לִי אִשָּׁה אַחֶרֶת. וַאֲפִלּוּ הָיָה נָשׂוּי אֶפְשָׁר שֶׁיִּשָּׂא אִשָּׁה אַחֶרֶת אוֹ תִּהְיֶה לוֹ מְרִיבָה בְּתוֹךְ בֵּיתוֹ מִפְּנֵי הַיְבָמָה:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
No heed is paid to the words of a *yevamah*, when her *yavam* asks her to perform *chalitzah*, and she says: "I do not want to perform *chalitzah*, nor do I want to collect [the money due me by virtue of my] marriage contract. Instead, I will remain in my husband's house like other widows."⁵⁰ 18:1-2, a widow is entitled to live in her deceased husband's home and derive her livelihood from his estate until she remarries. For she was given over to [the *yavam*] from heaven, and the choice [is his whether] to perform *yibbum* or to perform *chalitzah*⁵¹ explains that just as a man can divorce his wife against her will, so too, a *yavam* can perform *chalitzah* with his *yevamah* against her will. Even if she desires *yibbum*, she can be compelled to perform *chalitzah*. The *Maggid Mishneh* cites certain authorities who differ with the Rambam and maintain that since the mitzvah of *yibbum* takes priority, the *yevamah* cannot be forced to perform *chalitzah*. and pay her [the money due her by virtue of her] marriage contract.
Moreover, even if she says "I will provide for my sustenance from my own means, and I will remain without a husband for the rest of my life,"⁵² her words are not heeded. For the *yavam* will tell her: "As long as you are under obligation to me, no one else will want to marry me."⁵³ will marry the *yevamah*, other women will hesitate to marry him, for no woman would like to share her husband with another woman. Even if he is already married [this argument still holds weight], for it is possible for him [to desire] to marry another wife, or that [his obligation to] the *yevamah* will cause strife within his marriage.⁵⁴.
If neither the *yevamah* nor the *yavam* desires to perform *chalitzah*, the court is under no obligation to see that the mitzvah is performed. Although the *Zohar*, Volume III, page 180a, explains that *chalitzah* brings about benefit for the deceased's soul, neither his brother nor his wife has a binding obligation to perform this act on his behalf. If they desire to, they may, but they cannot be compelled to do so. (See the Responsa of the *Chatam Sofer, Even HaEzer*, Volume II, Responsum 85.)

footnotes:
⁵⁰ As stated in Hilchot Ishut
⁵¹ The Kiryat Sefer
⁵² I.e., she is willing to forego the obligation of her husband's estate to her.
⁵³ For as long as there is the possibility that the yavam
⁵⁴ Hence, the woman is compelled to perform chalitzah


###### Mishneh Torah, Levirate Marriage and Release 2:17
[Mishneh Torah, Levirate Marriage and Release 2:17](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Levirate%20Marriage%20and%20Release/r/2:17)

יְבָמָה שֶׁלֹּא הָיָה לָהּ עַל בַּעְלָהּ כְּתֻבָּה מִפְּנֵי שֶׁהָיְתָה אֲסוּרָה עָלָיו וַהֲרֵי הִיא מֻתֶּרֶת לַיָּבָם כְּמוֹ שֶׁיִּתְבָּאֵר. אִם רָצָה הַיָּבָם לְיַבֵּם מְיַבֵּם וְאֵין לָהּ עָלָיו כְּתֻבָּה כְּדֶרֶךְ שֶׁלֹּא הָיָה לָהּ עַל בַּעְלָהּ. וְדִינָהּ עִם יְבָמָהּ בַּתּוֹסֶפֶת כְּמוֹ שֶׁהָיְתָה עִם בַּעְלָהּ. אֲבָל אִם לֹא כָּתַב לָהּ בַּעְלָהּ כְּתֻבָּה אוֹ שֶׁמָּכְרָה לוֹ כְּתֻבָּתָהּ אוֹ מָחֲלָה אוֹתָהּ צָרִיךְ הַיָּבָם לִכְתֹּב לָהּ כְּתֻבָּה כִּשְׁאָר הָאַלְמָנוֹת:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
[The following rules apply when] a *yevamah* had no right to the privileges of a marriage contract from her [deceased] husband, because she was forbidden to him, but she is permitted to marry the *yavam*, as will be explained.⁵⁵ If the *yavam* desires to perform *yibbum*, he may. He is not obligated to the woman [for the privileges of her] marriage contract, just as her [previous] husband was not.⁵⁶ quotes the Ramban and the Rashba as saying that if the *yavam* desires to divorce the *yevamah* immediately, he is not required to pay her the money due her by virtue of her marriage contract. If, however, he desires to remain married to the woman, he must write a marriage contract for her, for it is forbidden for a man to remain married to a woman without a marriage contract, as stated in *Hilchot Ishut* 10:10. The Ramah (*Even HaEzer* 168:9) quotes this interpretation.
The *Maggid Mishneh* notes that this interpretation does not fit the Rambam's wording. In that light, the *Or Sameach* offers the following interpretation: The *yavam* is never obligated to write a marriage contract for the *yevamah*. Why did our Sages require a man to write a marriage contract for his wife? So that there would be a financial responsibility attached to divorce, and hence a husband would not consider it to be a light matter. In this instance, the *yavam* is held responsible for the additional amount that the husband added to the marriage contract. Hence, there is financial responsibility attached to divorce, and there is no imperative for a further obligation. The laws regarding the *yavam's* obligation for the additional amount to be paid the woman are the same as those that applied with regard to her husband.⁵⁷ 24:2-3, although her husband is not obligated for the fundamental requirement of the marriage contract, he is obligated for the additional amount that he promised her. This obligation is transferred to the *yavam*.
If, however, a husband did not write his wife a marriage contract, or she sold him or waived to him the rights to her marriage contract, the *yavam* is obligated to write a new marriage contract for her as he would be required for another widow.⁵⁸ is not, however, obligated to write a marriage contract equivalent to the one that the woman's first husband gave her. It is sufficient that he write her a marriage contract for 100 *zuz*, as explained in *Hilchot Ishut* 22:14.

footnotes:
⁵⁵ See Chapter 6, Halachah 13.
⁵⁶ The Maggid Mishneh
⁵⁷ As mentioned in Hilchot Ishut
⁵⁸ The yavam


###### Mishneh Torah, Levirate Marriage and Release 2:18
[Mishneh Torah, Levirate Marriage and Release 2:18](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Levirate%20Marriage%20and%20Release/r/2:18)

הַיְבָמָה קֹדֶם שֶׁיָּבוֹא עָלֶיהָ יְבָמָהּ אוֹ קֹדֶם שֶׁיַּחֲלֹץ לָהּ הֲרֵי הִיא אֲסוּרָה לְהִנָּשֵׂא לְזָר שֶׁנֶּאֱמַר (דברים כה ה) ״לֹא תִהְיֶה אֵשֶׁת הַמֵּת הַחוּצָה לְאִישׁ זָר״‎‎. וְאִם נִשֵּׂאת לְאַחֵר וּבָעַל לוֹקֶה הוּא וְהִיא וּמוֹצִיאָהּ בְּגֵט. וַאֲפִלּוּ הָיוּ לוֹ כַּמָּה בָּנִים מִמֶּנָּה. וְנֶאֶסְרָה עָלָיו וְעַל יְבָמָהּ. וִיבָמָהּ חוֹלֵץ לָהּ וְאַחַר כָּךְ תִּהְיֶה מֻתֶּרֶת לַאֲחֵרִים:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
Before the *yavam* performs *yibbum* or *chalitzah* with the *yevamah*, she is forbidden to marry another man,⁵⁹ (Negative Commandment 357) and *Sefer HaChinuch* (Mitzvah 596) include this as one of the Torah's 613 commandments. as [Deuteronomy 25:5] states: "the wife of the deceased should not be allowed to [marry] an outsider."
If she marries another person,⁶⁰ (*Shulchan Aruch*, *Even HaEzer* 159:2). and they engage in sexual relations, they are both punished by lashes,⁶¹ and he must divorce her with a *get*. [This applies] even if she has borne him several children.⁶² 15:1-2. She is forbidden to him and to her *yavam*.⁶³ 10:7.
She becomes forbidden to both men, even though she claims not to have engaged in sexual relations with her second husband (*Kessef Mishneh; Ma'aseh Rokeach*; see *Hilchot Issurei Bi'ah* 19:3). Her *yavam* should perform *chalitzah* with her; this causes her to be permitted to marry other men.

footnotes:
⁵⁹ Both Sefer HaMitzvot
⁶⁰ This applies even if she married without knowing of the existence of the yavam
⁶¹ If, however, the couple do not engage in relations, they are not punished with lashes.
⁶² The children are not, however, considered illegitimate. See Hilchot Issurei Bi'ah
⁶³ I.e., she is compared to a woman who engages in relations with another man while married. See Hilchot Gerushin


###### Mishneh Torah, Levirate Marriage and Release 2:19
[Mishneh Torah, Levirate Marriage and Release 2:19](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Levirate%20Marriage%20and%20Release/r/2:19)

נִתְקַדְּשָׁה לְאַחֵר לֹא נֶאֶסְרָה עַל יְבָמָהּ אֶלָּא נוֹתֵן לָהּ הַזָּר שֶׁקִּדְּשָׁהּ גֵּט וִיבָמָהּ מְיַבֵּם אוֹ חוֹלֵץ. וְאִם הָיָה יְבָמָהּ כֹּהֵן שֶׁאֵינוֹ יָכוֹל לִשָּׂא גְּרוּשָׁה תֵּצֵא מִן הַזָּר בְּגֵט כְּדֵי שֶׁלֹּא יְהֵא הַחוֹטֵא נִשְׂכָּר. וְיַחֲלֹץ לָהּ יְבָמָהּ:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
If she was consecrated by another man, she does not become forbidden to her *yavam*. Instead, the man who consecrated her should divorce her, and her *yavam* may perform either *yibbum* or *chalitzah*.⁶⁴ (*Even HaEzer* 159:1) states that this law applies even when the man consecrates her without knowing of the existence of the *yavam*. The *Beit Shmuel* 159:1 differs and cites the opinion of the Rashba and the Ramban, who maintain that in such an instance, if the *yavam* desires to perform *chalitzah*, the woman may remain married to her second husband.
If her *yavam* was a priest who is forbidden to marry a divorcee, she should be divorced by the man who consecrated her, so that the sinner should not benefit, and her *yavam* should perform *chalitzah* with her.⁶⁵ cannot perform *yibbum* with her, she should be allowed to remain married to her second husband. If so, however, the man's transgression - marrying the *yevamah* - will have brought him benefit. Hence, he is required to divorce her (*Yevamot* 92b).

footnotes:
⁶⁴ The Shulchan Aruch
⁶⁵ I.e., one might think that since the yavam


###### Mishneh Torah, Levirate Marriage and Release 2:20
[Mishneh Torah, Levirate Marriage and Release 2:20](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Levirate%20Marriage%20and%20Release/r/2:20)

חָזַר הַזָּר שֶׁגֵּרְשָׁהּ מִן הָאֵרוּסִין וּנְשָׂאָהּ אַחַר שֶׁחָלַץ לָהּ יְבָמָהּ אֵין מוֹצִיאִין אוֹתָהּ מִיָּדוֹ. אֲבָל אִם גֵּרְשָׁהּ מִן הַנִּשּׂוּאִין וְחָזַר וּנְשָׂאָהּ אַחַר שֶׁחָלְצָה מוֹצִיאִין אוֹתָהּ מִיָּדוֹ מִפְּנֵי שֶׁהִיא דּוֹמָה לְאֵשֶׁת אִישׁ שֶׁנִּשֵּׂאת וּבָא בַּעְלָהּ שֶׁהִיא אֲסוּרָה עַל זֶה וְעַל זֶה כְּמוֹ שֶׁבֵּאַרְנוּ. וְהַיְבָמָה שֶׁזִּנְּתָה וְהִיא זְקוּקָה לֹא נֶאֶסְרָה עַל יְבָמָהּ אֶלָּא רָצָה חוֹלֵץ רָצָה מְיַבֵּם:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
If the man who consecrated [the *yevamah*] and then divorced her, marries her [after] her *yavam* performs *chalitzah* with her, they are not forced to separate.⁶⁶).
The Ramah (*Even HaEzer* 159:1) states that if the second husband knew of the existence of the *yavam* and consecrated the woman anyway, he is forbidden to remain married to her, even if he remarried her after *chalitzah*. If, by contrast, a man divorced [a *yevamah*] after being married to her and then remarried her again, the couple are forced to separate. For this resembles the case of a married woman who [thought that her husband had died and] remarried, who is forbidden to both her first and second husbands, as has been explained.⁶⁷ 10:5,7).
A *yevamah* who engages in licentious sexual relations does not become forbidden to her *yavam*.⁶⁸ 159:3) states that she does, however, become forbidden to the man with whom she engaged in relations. Even if her *yavam* performs *chalitzah*, the two may not marry. If he desires, he may perform *chalitzah*; if he desires, he may perform *yibbum*.

footnotes:
⁶⁶ The rationale is that since the prohibition is merely a disciplinary measure, if the couple marry again they may remain married (Maggid Mishneh
⁶⁷ See Hilchot Gerushin
⁶⁸ The Ramah (Even HaEzer


###### Mishneh Torah, Levirate Marriage and Release 2:21
[Mishneh Torah, Levirate Marriage and Release 2:21](https://torahapp.org/share/book/Mishneh%20Torah%2C%20Levirate%20Marriage%20and%20Release/r/2:21)

כָּל יְבָמָה שֶׁהִיא סָפֵק מִדִּבְרֵיהֶם אִם יֵשׁ עָלֶיהָ זִקַּת יָבָם אוֹ אֵין עָלֶיהָ זִקַּת יָבָם. כְּגוֹן יְבָמָה שֶׁיָּלְדָה וָלָד שֶׁלֹּא כָּלוּ לוֹ חֳדָשָׁיו וּמֵת בְּתוֹךְ שְׁלֹשִׁים יוֹם שֶׁדִּינָהּ שֶׁתַּחֲלֹץ מִסָּפֵק מִדִּבְרֵיהֶם כְּמוֹ שֶׁבֵּאַרְנוּ. אִם הָלְכָה וְנִתְקַדְּשָׁה לְאַחֵר קֹדֶם חֲלִיצָה חוֹלֵץ לָהּ יְבָמָהּ וְתֵשֵׁב עִם בַּעְלָהּ. וְאִם נִתְקַדְּשָׁה לְכֹהֵן שֶׁהוּא אָסוּר בַּחֲלוּצָה אֵינוֹ חוֹלֵץ לָהּ. שֶׁאֵין אוֹסְרִין עַל זֶה אִשְׁתּוֹ מִשּׁוּם סְפֵק דִּבְרֵיהֶן. גֵּרְשָׁהּ הַכֹּהֵן אוֹ מֵת הֲרֵי זוֹ חוֹלֶצֶת וְאַחַר כָּךְ מֻתֶּרֶת לַאֲחֵרִים לְכַתְּחִלָּה:

**Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007:**
[The following rules apply to] any *yevamah* concerning whom there is a question according to Rabbinic law whether or not she is under obligation to a *yavam* - e.g., a *yevamah* bore a child who died within thirty days, after a pregnancy that was not full term. In this instance, she is required by Rabbinic law to perform *chalitzah*, because of the doubt [that exists whether the birth was viable], as explained above.⁶⁹ according to Scriptural law. Nevertheless, because the pregnancy was not full term, our Sages required *chalitzah*, as explained in Chapter 1, Halachah 5. If such a woman was consecrated by another man before performing *chalitzah*, her *yavam* should perform *chalitzah* with her, and she may remain married to her husband.⁷⁰
If she was consecrated by a priest - who is forbidden to be married to a woman who performed *chalitzah* - [her *yavam*] should not perform *chalitzah* for her.⁷¹ (*Even HaEzer* 164:7), Rabbi Akiva Eiger states that this leniency applies only when the priest consecrated the woman without knowing of her obligation to perform *chalitzah*. If he knew of her obligation and consecrated her nonetheless, the couple are not permitted to remain married. [This leniency was instituted] since we do not cause a man's wife to be forbidden because of a Rabbinic decree instituted on account of doubt.⁷² 164:7) states that similar laws apply when a *yevamah* was consecrated by an Israelite, and her *yavam* is abroad and cannot perform *chalitzah* for her.
If the priest divorces [the woman] or dies, she should perform *chalitzah*.⁷³ Afterwards, she is permitted, *a priori*, to marry other men.

footnotes:
⁶⁹ This refers to an instance where the child's physical appearance indicates that the birth was viable. Therefore, the woman is not required to perform chalitzah
⁷⁰ I.e., we do not force the couple to divorce, as in the previous halachah.
⁷¹ In his gloss on the Shulchan Aruch
⁷² The Ramah (Even HaEzer
⁷³ I.e., the leniency is granted to the priest, because it is necessary and not to other men.