More Discussions for this daf
1. Doing a Mitzvah through rape 2. Yibum of a Metzora 3. Marriage of a Yavam

Reuven Miller asked:

You wrote in Insighs to Daf 8b:


QUESTION: The Gemara says that we learn from a verse, "v'Yibmah" (Devarim

25:5), that one may perform Yibum against the will of the woman. RASHI (DH

Ba'al Karchah) explains what this means, and says that it means that even if

the brother marries her against her will, he is Koneh her "with regard to

Yerushah (inheriting her possessions), Tum'ah (being Metamei for her if he is

a Kohen), and with regard to all matters, she is his wife."<<

In the above you write that "one may perform Yibum against the will of the woman".

Does this mean that it is _permitted_ to do so or that if one does so it is an aveira (rape) but requires a get in order to divorce.

Rambam in Hilchos Yibum specifically states 2:10 that a yavama...that does not want to do yibum has the din of a moredes and we force the yavam to do chalitza.

Would the Yavam that forcibly "takes" the yavama have to pay the monetary damages that a rapist pays. Would this not be a "mitzva haba b'aveira" and thereby not a mitzva.?

Thanks to HaRav Mordecai and the Kollel for relating honestly to all and

any question.

The Kollel replies:

It is certainly forbidden for him to harm her in any way through the act of Yibum. If, however, he does harm her while doing Yibum, it is not considered a Mitzvah ha'Ba'ah b'Aveirah, because the act of Yibum itself was not done through an Aveirah. Rather, the abuse that he committed happened to occur at the same time that he did the Mitzvah, but that is not considered a Mitzvah ha'Ba'ah b'Aveirah -- a Mitzvah that comes about by way of an Aveirah.

(See also the Rambam there, 2:2, who mentions that if a man does Yibum without first doing the act of Kidushin ("Ma'amar"), he receives Malkus d'Rabanan.)