DAF DISCUSSIONS - YEVAMOS 38

Yedidyah Schiermeyer asked:

A Man does Erusin with a woman and plans on doing Nesuin a year later. He dies childless shortly after erusin. His arusah falls to his brother. Is the Yavam allowed to do yibum before the time his deceased brother had planned for nesuin?

Yedidyah Schiermeyer, Denver, CO, USA

The Kollel replies:

There is no reason to assume that the time of the Yibum is connected to any agreement reached between the brother and his wife.

Presumably, the principle of performing a Mitzvah as soon as possible will apply here, and the sooner he performs Yibum the better.

Be'Virchas Kol Tuv

Eliezer Chrysler.

Yedidyah asked:

Thank you for your response. BUT...

There is a reason to assume that the timing of Yibum is connected to the deceased brother's timimg for nesuin.

The Yavam is assuming the role of his deceased brother. It is his brother's house, not his. If he is going to build his brother's house, he should build his brother's house the way his brother was going to build it.

It would seem that the earliest possible time to fulfill the mitzvah of Yibum would be when the deceased brother had planned on "building his house".

Yedidyah

Naphtuli asked:

Isn't the 12 months elapsed time between Isn't the time between Arusin and Nesuin not an "agreement between the brother and her"-rather a Takonas chachomim to allow her to get her trousseau?

The Kollel replies:

The twelve months that one gives an Arusah is indeed a Takanas Chachamim, though it only applies to a girl whom one betrothes before she turns thirteen (twelve months after she became a Bogeres). After that time, she is only entitled to thirty days (Even ha'Ezer 56:2).

Notice that nowadays, we perform the Chupah immediately after the Erusin without even waiting thirty days.

But all this has nothing to do with a Yevamah, who, as Chazal explain, Heaven granted the Yavam as a wife. Min ha'Torah, he can acquire her without her consent, and even without her knowledge, should he so wish, so it is obvious that she cannot claim twleve months to prepare for the wedding.

As I already wrote, there is no reason to assume that the time of the Yibum is connected to any agreement reached between the brother and his wife, and I abide by that. It may well be his brother's house, as you say, but the Torah has given her to him, as I explained, and there is nothing to bind him to any conditions that his brother previously made with her, just as he would not be obligated to give her a thousand Zuz, even if his brother had promised to give her such a sum. Indeed, he does not even have to give her a Kesuvah (precisely because the Yevamah is a gift from Heaven), and he is certainly not bound by any other conditions made by her first husband.

In fact, I don't think that anybody is bound by conditions which he did not enter into anyway, but certainly not a Yavam.

be'Virchas Kol Tuv

Eliezer Chrysler.