💾 Archived View for scholasticdiversity.us.to › scriptures › jewish › t › Shulchan%20Arukh%2C%20Even… captured on 2024-05-10 at 13:44:36. Gemini links have been rewritten to link to archived content
-=-=-=-=-=-=-
157 [1] One who has a brother of the same father, even if he is a bastard or an apostate, even if he is a child, [the law is that] from the point that his head and most of his body already was born before his brother died, behold he is tied (Rama: [Zokek] meaning "tied", like (Job 36:8)) to his [brother's] wife in levirate marriage. Even if he is on his deathbed, or diseased so much so that he will not live because of it, she cannot remarry [to someone else] so long as he lives. But if it is a brother of the same mother, or he was born after [the married childless brother] died, his "yibbum" can remarry [lit. "permitted to the marketplace"]. Similarly, if [the married childless brother] has a brother from a maid-servant, or a gentile woman, he is not tied to his [brother's] wife in levirate marriage, even though he was born in holiness, since his conception was not in holiness. [2] Even a relative, or woman, or slave, or child who can understand, they are believed to say, "So-and-so is the brother of so-and-so from his father's side, and that is his levirate wife," and they do halitza or levirate marriage by their word. [3] Converts or freed slaves have no brothers at all, even if one of them was conceived in an unholy manner but the birth was holy [i.e. of completely Jewish stock], and the other was conceived and born in holiness. And even if they are twins and they were [both] born in holiness, they are not brothers unless both were conceived and born in holiness. [4] [a woman who requires Yibum] proposal plan is with [the deceased's] brother-in-law who converted [to another religion from Judaism], there are some authorities who permit if he was converted when his brother was married; she does not have to rely on him [meaning he is free from any form of obligations to levirate marriage i.e. yibum,chalitza] REMA: who is he? if she sins and marries without challitza, since its not know to her that there was a brother-in-law, and afterwards its known that she has a brother-in-law who converted, she is not free [from the available options in regard to the obligation of levirate marriage]. there are authorities who say if there is an option to do Chalitza to her [she should do it] to end [the halachic relationship between the two of them]. if there were two brother-in-laws, one converted and is a Gadol and one is a Katan and is a Yesroel, No chalitza [from the converted brother-in-law] rather from the Yesroel; and even post facto [if she did chalitza with the converted brother-in-law] he is not survived with the converted brother-in-law. But If he was converted by force, he [the deceased] is survived by him [halachically] its permitted post facto [to do chalitza/yibum with him]. and the one who marries a woman and he has a brother who converted, he is able to marry and stipulate with a condition twice that if [he dies and] the proposal plan is before the [brother] who converted to do levirate marriage- they will not be married. [5] if the diseased was an individual who converted from Judaism, his wife is in need of the brother [to preform levirate marriage/chalitza]. THIS IS THE RULE TO BRANCH [from his brother] THAT THERE IS [this obligation] TO HIM FOR A JEWISH WOMAN [6] Information of the deceased's brother was not withheld, and he [the deceased] said:"I have a brother" he is not believed. some one comes and says "I am the deceased's brother" he is not believed; Even if one witness of a relative comes to testify that this individual is the brother of the diseased, they are not believed and she is free from any form of levirite marriage. [7] If someone was known to have brothers and at the time of his death he said: I have no brothers, he is not believed. So too if he said about someone who was known to be his brother: This is not my brother, he is not believed. [8] If he was not known to have brothers and a rumor started that there are witnesses who will testify that he has brothers and the witnesses are in another country, even if he said at the time of his death: "I have no brother." She [the widow] must still be concerned and should wait until the witnesses who said [he has a brother] come and are asked. [9] A woman whose husband has neither a son or a brother, and her mother-in-law and father-in-law are overseas when her husband dies is permitted to remarry; for we are not concerned that her mother-in-law may have given birth to a son and he is entitled to her [via levirate marriage]. But, if her mother-in-law left when pregnant, we are concerned lest she gave birth to a boy and he is entitled [to her via levirate marriage]. [10] A woman whose husband dies, and he had a son overseas, she is permitted to [marry] a non-family member [i.e. not her husband's brother. We are not concerned that the son may have died, rather she stands in her place by presumption [of the son being alive]. The brother of a deceased husband may not live with [his brother's widow with whom he will do] halitza if he is attracted to her, just like an engaged [but not married] couple. (Responsum of the Rashba #209); this is specifically after the halitza ceremony, but, prior, it is permitted (Maraharm Padua paragraph 7).
Version: Sefaria Community Translation
Source: https://www.sefaria.org
License: CC0