the Daf 38 is random. My question is: suppose a man has to wifes. With each one of he has a boy. Rueven (one of the boys) marries the grandmother (from mom) of other boy. Rueven dies, and other brother falls to his own grandmother which is assur. Since they are paternal brother, yibum applies. Why is this not listed in The Mishna of 2a of list of arayot???
Thank You!
I just realized the restriction to one's grandmother is of rabbinic origin, therefore, its not a real ervah, and i guess chalitzvah should be performed.
Eitan Shooshani, beverly Hills, US
Yes this is stated in Yevamos 21a; that the grandmother is one of the Sheniot.
KOL TUV
Dovid Bloom
Kvod HaRav,
I understand that nowadays the Chachamim prefer that chalitza over Yibum for issue of NOT LE CHEM SHAMAYIM.
Is that for all cases? In other words is Yibum ever performed nowadays?
Thank you,
Shlomo Amar
Dear Shlomo,
Hello there and thanks for your inquiry. This issue is discussed on daf 39b and Shulchan Aruch EH 165:1. Practically speaking the Ashkenazim do not do Yibum nowdays. The Sefaradim permit Yibum in certain circumstances. In Yabia Omer one can find responsa from HaGaon Horav Ovadia Yosef Shlit'a discussing dire situations, in which he permitted Yibum.
Kol tuv.
Y. Landy
If the Yavam is already married, Yibum nowadays is subject to an additional disagreement between the Beith Yosef and the Rema in Shulchan Aruch EH 1:10, on whether the Cherem of Rabbeinu Gershom applies to Yibum too. The Beith Yosef is of the opinion that it does not apply to Yibum.
The Ohr HaChaim HaKadosh performed Yibum, and his wife and Yevamah are interred near him on Har Hazeisim.
Mordechai Schwimmer, Brooklyn, NY
Shalom,
At the Young Israel of Fair Lawn, we have a Chevra Mishnayos that meets on Shabbos one hour before Shacharis. Over the years, B"H we learned Seder Nazikin followed by Seder Moed and have now started Seder Nashim. We are currently in the third perek of Yevomos. It is fascinating going over all the possible scenarios. I love reviewing the Mishnayos and figuring out the best way to "give it over".
I reviewed the opinion of Abba Shaul and realize that the Ashkanazic custom is to allow only Chalitzah and not Yibum.
Have there been cases taken place or writings regarding any cases in the Ashkanazi community when someone did Yibum in spite of the given custom? Does the Yibum M'Daorissa take effect or do we say the Rabbanan have the ability to nullify it? If there is a child would it be a Mamzer M'DaRabanan ? Do the Rabbis try to force the man to give a get? or do we say "Kadmu V'Kunsu, Ain Motzium M'Yadom"?
Wishing you Hatzlacha and Baracha
Larry Kraut
Young Israel of Fair Lawn
Larry - we wrote a bit on this subject in the past, so I will copy if for you here. I hope you find this helpful. Let us know if you have further questions.
Best wishes,
Mordecai Kornfeld
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General: Yibum nowadays
Shlomo Amar asked:
Kvod HaRav,
I understand that nowadays the Chachamim prefer that chalitza over Yibum for issue of NOT LE CHEM SHAMAYIM.
Is that for all cases? In other words is Yibum ever performed nowadays?
Thank you,
Shlomo Amar
----------------------------
The Kollel replies:
There are two opinions in the Gemara (Yevamos 39b) about whether or not we should perform Yibum. The Rabanan hold that we should and Aba Shaul holds that we should not. The Rambam explains in a Teshuvah (Yerushalayim, 5694, #170) that according to the Rabanan the Isur of Eishes Ach b'Makom Mitzvas Yibum is completely nullified (Hutrah), whereas Aba Shaul holds that it is only removed if the Yibum is performed l'Shem Mitzvas Yibum (Dechuyah). According to the Rabanan even if one does not perform Yibum l'Shem Mitzvah there is no Isur.
The Rambam (Hilchos Yibum, 1:2) says the Halachah follows the opinion of the Rabanan. Rabeinu Tam holds the Halachah is like Aba Shaul. The Beis Yosef (Shulchan Aruch, EH 165:1) decides in favor of the Rambam and the Rema (op cit.) brings the opinion of Rabeinu Tam. According to this, the Sefardim who follow the Psak of the Beis Yosef, should be able to perform Yibum even today. The Ashkenazim who follow the Psak of the Rema do not practice Yibum at all.
A decree was issued by the Chief Rabbinate of Israel in 1950 and signed by both the Ashkenazi and Sephardi Chief Rabbis, that Yibum should not be practiced in Eretz Yisrael by anyone including the Sefardim, and that anyone that refuses to perform Chalitzah on his Shomeres Yavam is obligated to support her financially. Rav Ovadia Yosef wrote a Teshuvah (Yabia Omer, E"H 6:14) stating that this decree has no Halachic basis and that the Psak of the Beis Yosef cannot be overturned (and he added that if they extract money from the Yavam to support the Shomeres Yavam, that it is Gezel). Nonetheless, the fact is that as a result of this decree, Yibum is illegal today in Israel, so it is not practiced by anyone here. It seems (from Teshuvos written by Rav Moshe Feinstein and other Poskim) that it has been performed in Chutz la'Aretz by Sefardim.
Kol Tuv,
Yonasan Sigler
---
In Yabi'a Omer one can find responsa from HaGaon Horav Ovadia Yosef Shlit'a discussing dire situations, in which he permitted Yibum.
Kol tuv,
Y. Landy
---
M Schwimmer comments:
If the Yavam is already married, Yibum nowadays is subject to an additional disagreement between the Beith Yosef and the Rema in Shulchan Aruch EH 1:10, on whether the Cherem of Rabbeinu Gershom applies to Yibum too. The Beith Yosef is of the opinion that it does not apply to Yibum.
The Ohr HaChaim HaKadosh performed Yibum, and his wife and Yevamah are interred near him on Har Hazeisim.
Mordechai Schwimmer, Brooklyn, NY
Shalom,
At the Young Israel of Fair Lawn, we have a Chevra Mishnayos that meets on Shabbos one hour before Shacharis. Over the years, B"H we learned Seder Nazikin followed by Seder Moed and have now started Seder Nashim. We are currently in the third perek of Yevomos. It is fascinating going over all the possible scenarios. I love reviewing the Mishnayos and figuring out the best way to "give it over".
I saw what Rabbi Sigler from the Kollel wrote about the opinion of Abba Shaul and the Ashkanazic custom to allow only Chalitzah and not Yibum.
My question is, what would the P'Sak be if someone did Yibum B'Zaman Hazeh L'Shem Mitzvah anyway?....Does the Yibum M'Daorissa take effect or do we say the Rabbanan have the ability to nullify it?
If there is a child would it be a Mamzer M'DaRabanan because of the Issur of Aishes Achiv ? Do the Rabbis try to force the man to give a get? or do we say "Kadmu V'Kunsu, Ain Motzium M'Yadom"?
Are there any Shaelot or T'Shuvos regarding this possibility?
Wishing you Hatzlacha and Baracha
Larry Kraut
Young Israel of Fair Lawn
I didn't find any Teshuvos written on this question. I think the reason is that the Shulchan Aruch (EH, 166:7) says clearly - based on the Mishnah at the beginning of the sixth chapter of Yevamos - that, even if a man does Yibum l'Shem Zenus, the Kinyan takes effect on the Yevamah. The Beis Shmuel there says that this is true even according to the opinion of Abba Shaul.
The basis for this ruling is that the Gemara at the beginning of the sixth chapter does not assert that the Mishnah does not conform with the opinion of Abba Shaul. From this, the Nimukei Yosef deduces that Abba Shaul's ruling to forbid Yibum must be only a Din d'Rabbanan. The Beis Shmuel (ibid) goes further and says that even if the Isur was Min ha'Torah the Kinyan would take effect.
Furthermore, it is clear from Rashi on the Mishnah that the Yavam is not required to divorce the Yevamah.
It seems, therefore, that when Abba Shaul's stated that the children of such a union are close to being Mamzerim, is was his way of emphasizing how serious the offense is. It was not a halachic description of the children. (Compare his wording with that of Rebbi Meir in Gittin who says that the children of one that deviates from the Rabbinic stipulations for a Get are Mamzerim.)
b'Chavod,
Yonasan Sigler
This is not a Psak Halachah