REVACH L'DAF
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SUMMARY
When a person says over the Torah thoughts of a deceased Talmid Chacham, the Talmid Chacham's lips move in the grave. A twenty-year-old who does not have two hairs and has the physical signs of a Seris or an Ailonis may not do Chalitzah or Yibum. A person is regarded as a Katan up to the age of 35 if he does not have two hairs but does not have the physical signs of a Seris or an Ailonis. Two hairs sometimes fall out if a person is too thin or too fat. If a man has relations with a woman with whom is not married, he is permitted to marry her close relative after she dies. (1) He is prohibited from marrying the daughter of a wife. The Tana'im disagree about whether a man is permitted to marry a woman who had relations with his father. (2) If a Giyores converts together with her sons, or a maidservant was freed together with her sons, the Mitzvos of Chalitzah and Yibum do not apply to them. (3) A Ger may marry the wife of his brother from the father. He may not marry the wife of his brother from the mother. According to one opinion, a Ger may marry the wife of his brother from the mother, because a Ger is regarded as newly born. The Amora'im disagree about whether a Ger may marry the wife of his brother from both his mother and father. (4) Two twin Gerim brothers do not do Chalitzah or Yibum, and are not Chayav for Eshes Ach. (5)
A BIT MORE
1. Min ha'Torah, he is permitted to marry her close relatives, since his relationship with her was not in the context of marriage. However, the Rabanan forbid the relatives while she is still alive out of fear that he will resume the previous relationship after he marries the relative and thereby will transgress an Isur d'Oraisa. 2. Tana Kama: She is permitted. Rebbi Yehudah: She is forbidden. 3. The sons of the Giyores do not do Chalitzah or Yibum, even if one of the sons was conceived while she was a Nochri and born when she was a Jewess, and another son was conceived when she was a Jewess. The reason is that they are brothers only from the mother and not the father, and the obligation of Yibum applies only to brothers from the father. 4. Rav Acha bar Yakov: It is permitted, because they are known as brothers from the father, and they are not known as brothers from the mother. Rav Sheshes: It is forbidden, because people also know them as brothers from the mother. 5. If they were conceived while their mother was a Nochri and born when she was a Jewess, they would be Chayav for Eshes Ach. If they were conceived and born after their mother became Jewish, they are complete brothers.
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BRIEF INSIGHT
MARRYING THE RELATIVE OF AN ANUSAH The Rabanan prohibit a man to marry the mother, daughter, or sister of a woman with whom he had an intimate relationship. The reason is that there is a concern that he will resume the previous relationship after he marries the relative, and he thereby will transgress an Isur d'Oraisa. However, the prohibition is only against marrying the relative; taking her as a Pilegesh is permitted, according to the opinion that one is permitted to take a Pilegesh. The only relatives who are prohibited are the mother, daughter, and sister since they are relatives who are very close and spend a lot of time with each other. Other relatives are permitted. (Ritva)
QUICK HALACHAH
TWIN CONVERTS Twins who were conceived without Kedushah and were born b'Kedushah are Chayav for Eshes Ach, but the Mitzvos of Chalitzah and Yibum do not apply to them. (Shulchan Aruch EH 269:3) Even though they are twins, they are regarded only as brothers from the mother and not from the father, since their conception was before the mother became a Giyores, and Yibum applies only to brothers from the father.
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