Good afternoon. Yeyasher kochachem for this wonderful site.
The Gemara assumes sisters-in-law have negative feelings towards each other, as potential co-wives. Would the same assumption apply to sisters-in-law today, considering that Yibum is not an option, and that even if one sister-in-law is concerned about the death of the other one's husband, the "worst" that could happen would be Chalitza?
Thank you very much
RA ALPERT, New York, USA
Great question! What you wrote, that two sisters-in-law are not married because they hate each other because there is a possibility that they will be Tzaros, this is the opinion of Rashi and Tosfos and more Rishonim. So, for example, in a case where the sisters-in-law are also sisters, as you implied, the Yichud would be prohibited. But it seems from the Rambam's words in Hilchos Gerushin (7:33) that they cannot testify to each other even if Yibum is not possible, which means that the hatred does not happen for the possibility of Yibum but that there is a built-in hatred and without a technical reason, and so did Rebbi Akiva Eiger understand the Rambam (Hagahos, Even ha'Ezer 17:9). On the other hand, the Mishneh l'Melech is content with this, and he concludes that the Rambam agrees with Rashi that the reason is because of hatred, but because of Lo Pelug they did not distinguish between women who can reach Yibum and those who cannot. Here comes a great innovation in his words -- that regarding Yichud, we can say Lo Pelug also l'Kula.
The bottom line is that we see three options: Either the Heter of Yichud is because of the chance of Yibum, and many Poskim agree that, accordingly, nowadays when we do not practice Yibum, Yichud would not be permitted. Another option is what is understood from the Rambam, according to many, that these women usually hate each other in any case, and are always permitted in Yichud if they are both there. The third option is, like the first, but still because of Lo Pelug, Yichud is still Mutar. Some add that the Shulchan Aruch does not prohibit Yibum bi'Zman ha'Zeh, but says merely that Chalitzah is usually preferred, so these women can possibly end up as Tzaros and that is enough to permit Yichud.
All these aspects are widely discussed in a long list of Teshuvos throughout the generations, revolving around the above three approaches.
By the way, these questions are relevant in cases that the woman have children and in many other cases that Yibum is prohibited, or in a very uncommon case.
Best Regards,
Aharon Steiner