Levirate Marriage and Release

It is a positive commandment of Scriptural law for a man to marry the widow of his paternal brother if he died without leaving children, as [Deuteronomy 25:5] states: "[And one of them dies] childless,... her husband's brother should cohabit with her." [This applies to a widow] from nisu'in, or from erusin. [The childless widow is referred to as a yevamah; the rite through which they marry, yibbum.] Scriptural law does not require a man to consecrate his yevamah, for she is his wife that heaven acquired for him. [All that is necessary] is that he cohabit with her. Her deceased husband's estate is responsible for her marriage contract.

If the yavam does not want to perform the rite of yibbum, or if the woman does not consent, he should [free her from this obligation through the rite of] chalitzah. [Only] afterwards is she permitted to marry another man. It is a positive commandment of Scriptural law for [a brother] to perform chalitzah for [the deceased's widow], if he does not want to perform the rite of yibbum, as [Deuteronomy 25:9] states: "She shall... remove his shoe." The mitzvah of yibbum takes precedence over the mitzvah of chalitzah.

The Torah's words [Deuteronomy 25:5], "When one of them dies childless" [should not be interpreted narrowly]. [When the deceased] has a son, a daughter, a descendant of a son, or a descendant of a daughter, as long as he has left progeny - whether from the woman [to whom he is presently married] or from another woman, his wife is free from the obligation of chalitzah or yibbum. Even if he has a descendant who is illegitimate or an idolater, [that descendant] frees [the deceased's] wife from the obligation of chalitzah or yibbum.

[The above applies to children born from a Jewish woman.] If, however, [a deceased man] has a child born from a maidservant or a gentile woman, his wife is not free of these obligations. For the offspring of a maidservant are servants. And the offspring of a gentile woman are gentiles, and considered as if they have no connection to him. [These concepts are derived as follows:] With regard to a maidservant, [Exodus 21:4] states: "The woman and her children will belong to her master," teaching that her offspring have the same status as she. And with regard to a gentile woman, [Deuteronomy 7:4] states: "They will lead your son away from Me" - i.e., prevent him from being considered part of the congregation. Even when a man's son born from a maidservant is freed, or his son born from a gentile woman converts, he is regarded in the same way as other converts or freed slaves and does not cause [the deceased's] wife to be freed [from the obligation of yibbum]. [Even when a man] fathered a son with a maidservant, freed the son and the mother, and married her - if he dies without fathering any other children, his wife should perform the rite of yibbum with his brother, although the son [whom the deceased] fathered is alive and has been freed.

[The following rules apply when a man] dies and leaves his wife pregnant: If she miscarries after he dies, his wife [is obligated to] perform the rite of yibbum. If she bore the child, and the fetus emerged into the world alive, the mother is free of the obligation to perform the rite of chalitzah or yibbum. This applies even when the child dies immediately after being born. According to Rabbinic decree, however, [this does not apply] unless it is known that the child was carried for a full term pregnancy and was born after nine full months had passed. If, however, the term of the pregnancy is unknown [the following rules apply]: If the child lives 30 days, the child is considered viable, and he frees his father's wives from the obligation of yibbum or chalitzah. If the child dies within 30 days [of his birth], even on the thirtieth day, there is a doubt whether the child is viable or non-viable. This applies regardless of [the cause of the infant's death], whether he died as a result of illness, fell from a roof or was eaten by a lion. According to Rabbinic law, [the deceased's wives] must perform the rite of chalitzah; they may not perform the rite of yibbum.

Whenever a man has a brother, even if the brother is illegitimate or an idolater, whether he is above the age of majority or below the age of majority, as long as his head and the majority [of his body] emerged into the world before his brother's death, his existence causes [his brother's wife] to be obligated to perform the rite of yibbum. If [the deceased] had a brother who was born to a maidservant or to a gentile woman, he is not considered to be his brother in any [halachic] context. [His existence] does not cause [his brother's wife] to be obligated to perform the rite of yibbum. Even when [the brother] was born as a member of the Jewish people, since his mother was not Jewish when he was conceived, he is not considered to be [the deceased's] brother.

Maternal brothers (ie brothers through the mother) are not considered to be brothers (except for mourning and testimony (were they will be) but) with regard to inheritance or Yibum and Chalitzah they are considered as if they were not [brothers], because you are only considered brothers from the father.

There is no concept of fraternity among converts and freed slaves. [Thus, even two converts or two freed slaves born from the same father] are considered unrelated. Even if one of them was conceived before his parents were converted and born after they were converted, and the other was conceived and born after the parents were converted, they are not considered to have any family connection. Even if they are twins who were born after their parents were converted, they are not considered to be brothers unless they were also conceived after their parents converted.

When a man who has many wives dies, [a brother who] engages in relations or performes the rite of chalitzah with one of them frees the others from all obligations. [The deceased's brother] may not marry two [of the deceased's wives], as [implied by Deuteronomy 25:9]: "...who did not build his brother's house." [This is interpreted as an exclusion:] he may build one house, but not two houses. Similarly, if [the deceased had many brothers, one of them should perform either the rite of chalitzah or yibbum with one of the widows. This frees the others of all obligations.

[The following rules apply if] the widows include some who are fit to marry into the priesthood, and some who are not fit to marry into the priesthood: If [the brother] desires to perform the rite of yibbum, he may choose any of the widows that he desires. If he desires to perform the rite of chalitzah, he should perform this rite with one of the wives who is already forbidden to the priesthood, so that he will not disqualify one of the women who may marry into the priesthood through the rite of chalitzah.

[The following rules apply if] many [of a man's] brothers die and he [becomes obligated to perform the rite of yibbum or chalitzah] to [all] their wives: If it is possible for him to perform the rite of yibbum with all of them, he should. If not, he may perform chalitzah with all of them, or perform chalitzah with whomever he desires, or perform yibbum with whomever he desires, [choosing one of the widows] from each [of his deceased brother's] households.

When [a yavam] marries a yevamah, all the other widows from that household become forbidden to him and to his other brothers. If he or his other brothers have relations with one of the other widows, they transgress a positive commandment, for [Deuteronomy 25:9] states: "Her yavam will engage in relations with her." [This is interpreted to mean:] With her, and not with another woman from that household. A prohibition stemming from a positive commandment is considered to be a positive commandment. Similarly, when [one of the brothers] performs chalitzah with his yevamah, the woman with whom chalitzah was performed and all the other widows from that household become forbidden to [the brother who] performed chalitzah and to the other brothers. They are all forbidden to the brothers by Rabbinic decree, sharing the status of sh'niyot. [This is the only prohibition involved,] for since their brother died childless, the severe prohibition against sexual relations (issur ervah) is removed. Therefore, [if one of the brothers consecrates such a woman,] the consecration is binding, as it would be if he consecrated one of the sh'niyot.

When a person performs the rite of chalitzah with his yevamah, not only does she become forbidden to him, but her relatives - e.g., her mother and her daughter - also become forbidden. Similarly, she is forbidden to marry his son and his brother. Even the sh'niyot - e.g., her daughter's granddaughter - related to her are forbidden to him, and she is forbidden to his son's grandson. To summarize: Her status is like that of a divorced wife. Similarly, if his yevamah dies while she is still under obligation to him, he is forbidden to marry these relatives of hers, as if she were his wife and she died in his lifetime. All these prohibitions are of Rabbinic origin. [If the deceased had two wives, his brother] may marry the sister of the wife with whom he did not perform the rite of chalitzah, or any other of her relatives.

It is forbidden for a man to marry a close relative of a woman with whom he is obligated to perform either yibbum or chalitzah - e.g., her mother or her daughter - until one of his brothers performs yibbum with the woman who is obligated, or performs chalitzah with her to free her of her obligation. Afterwards, [the other brother] may marry the woman's mother, daughter, or any of her other relatives, despite the fact that these relatives are all forbidden to the brother who performed either yibbum or chalitzah, as explained [in the previous halachah].

When a man marries his yevamah and then divorces her, he may remarry her if he so desires. She is considered to be his wife with regard to all matters. There remains no trace of the prohibition [that existed when she was] his brother's [wife], neither from Scriptural law nor from Rabbinic law.

As explained in Hilchot Ishut, the sexual relations in which a boy of nine years and one day engages are halachically significant. This is a law received through the Oral Tradition. Accordingly, when a yavam who is below the age of majority, but over the age of nine, engages in sexual relations with his yevamah, he should maintain [his bond with her]. He may not, however, perform the rite of chalitzah until he attains the age of majority and is inspected [for signs of physical maturity]. For with regard to chalitzah, the term ish ("man") is specifically mentioned in the Torah. If [a yavam] is below this age, sexual relations in which he engages are of no halachic significance. [Moreover,] even the sexual relations in which a nine-year-old engages do not acquire [the yevamah for him in a manner that is] binding [entirely]. Therefore, his yevamah is not permitted to marry another man until he engages in relations with her after he attains majority [and divorces her], or performs the rite of chalitzah [at that age], as will be explained.

Similarly, with regard to a yevamah who is below the age of majority: If her yavam desires to perform the rite of yibbum with her, he may. He may not, however, perform the rite of chalitzah with her until she attains the age of majority and is inspected [for physical signs of maturity]. Even if she engaged in sexual relations after she became twelve years old, she may not perform the rite of chalitzah until she undergoes an inspection and manifests signs of physical maturity.

Just as a yavam may not perform chalitzah until he attains manhood, so too, a yevamah may not perform chalitzah until she attains womanhood. When a yavam who is below the age of majority engages in sexual relations with a yevamah who is also below the age of majority, they should grow up together.

As all other women, a yevamah should not perform either yibbum or chalitzah until she waits a 90-day interval. [These 90 days] do not include the day of her previous husband's death or the day of yibbum or chalitzah. Why may she not perform chalitzah within these 90 days? Because she is not fit to perform yibbum [at that time]. [Deuteronomy 25:7-9] states: "And if the man does not desire to take his yevamah,... she should remove his shoe" [establishing an equivalence between these two rites]. [Thus,] when she is fit to perform yibbum, she is fit to perform chalitzah. And when she is not fit to perform yibbum, she is not fit to perform chalitzah. Should [a brother] perform yibbum or chalitzah with her within these three months, since she is not pregnant, she has discharged her obligation and need not perform any further activity.

[The following rules apply when a brother] performs chalitzah with his yevamah, and afterwards it is discovered that she is pregnant: If she gives birth and the child is viable, it is considered as if she had never performed chalitzah. She is permitted to [marry into the] priesthood, and [the brother who performed chalitzah with her] is permitted [to marry] her relatives. If the woman miscarries, or if the child who is born does not live for 30 days after being born, this - or another - brother should perform chalitzah with her again. For chalitzah performed with a pregnant woman is not considered chalitzah, nor are relations with a pregnant woman considered yibbum.

Therefore, when [a man] marries or performs chalitzah with his yevamah who is pregnant, another woman who was married to the deceased husband should not remarry until this woman gives birth. For a child does not remove [the obligation of yibbum] until it emerges into the world.

[The following laws apply when a yavam] marries his yevamah, and then she is discovered to be pregnant. They should be separated [immediately], and we wait [to see the results of] her pregnancy. If she miscarries, he should maintain her as his wife. If she gives birth [different rules apply]: If the child dies, even on the day it was born, the yavam should divorce her, [give her] a get and perform chalitzah with her. [Only] then, is she permitted to marry another man. If the child lives for 30 days after its birth, [the child] is considered to be viable, and there is no need for a divorce, for [relations between the two are forbidden by] a severe prohibition].

If she gives birth to a viable child six months after she performed yibbum, there is a doubt whether this child is the son of her first husband and was born after a nine-month pregnancy, or is the son of her [yavam] and was born after a six-month pregnancy. Therefore, [the yavam] should divorce his wife, giving her a get. The child is not, however, considered illegitimate. If [the yavam] has relations with her after she gives birth, the children that are born afterwards are considered to be of doubtful legitimacy.

It is a Rabbinic ordinance that a yavam should not enter into marital relations with his yevamah until he consecrates her in the presence of two witnesses, with a p'rutah or an article worth a p'rutah. This [act] is called a ma'amar. A ma'amar does not complete the acquisition of a yevamah, as will be explained. When [a yavam] performs a ma'amar with his yevamah without her knowledge, his deed is of no consequence. For a woman can be consecrated only willingly. When a minor is widowed after being merely consecrated, a ma'amar can be performed only with the consent of her father.

Just as [the yavam] must consecrate his yevamah, so too, he should recite the marriage blessings in the presence of ten men and compose a ketubah ("marriage contract"), as is required of any man who marries a woman. When [a yavam] enters into marital relations with his yevamah without previously performing a ma'amar with her, he acquires her in a binding manner; he does not have to consecrate her after engaging in marital relations with her. He should be given stripes for rebellious conduct and should write a ketubah for her.

When [a yavam] engages in marital relations with his yevamah, he acquires her [as his wife]. [This applies] regardless of whether he entered into these relations unintentionally or with a licentious intent, under duress or willingly, whether he acted with a licentious intent and she acted unintentionally or under duress, or she acted with a licentious intent and he acted unintentionally or under duress, whether she was asleep or awake, whether he performed vaginal or anal intercourse, whether he inserted merely the head of his penis or the entire organ.

When does the above apply? When [the yavam] intends to perform a sexual act. If, however, he fell from the roof [with an erection] and [accidentally] inserted his organ into his yevamah, had relations with her when he was so intoxicated that he was not conscious of anything, or when he was asleep, he does not acquire her [as his wife]. If he intended to masturbate in a hole in the wall and unintentionally inserted his organ into his yevamah, he does not acquire her [as his wife]. If he intended to sodomize an animal and unintentionally inserted his organ into his yevamah, he does acquire her [as his wife].

[The following rules apply when a yavam takes] his yevamah [home to] perform yibbum, and within 30 days she claims that they did not engage in sexual relations. [The yavam] claims that they did engage in relations and then divorces her. Since he already took the initiative and divorced her, we compel him to perform chalitzah with her. If he did not divorce her, we compel him to engage in relations with her, or to perform chalitzah and also to divorce her, giving her a get. If he divorced her after thirty days had passed, and she claims that they did not engage in sexual relations, we request that he perform chalitzah with her. If, however, he admits that he had not entered into relations with her, we compel him to perform chalitzah with her. If she claims that they engaged in sexual relations, and he denies engaging in relations, she is not required to engage in chalitzah, for his word is not accepted [when he desires] to cause her to be forbidden to all other men, once he brings her to his home as his wife.

When a man dies [childless], and he is survived by many brothers, the mitzvah is incumbent on the eldest brother to perform either yibbum or chalitzah, as [implied by Deuteronomy 25:6]: "The firstborn son whom she bears [will perpetuate the name of the deceased brother]." The Oral Tradition interprets the verse as referring to the eldest of the surviving brothers, causing the verse to be rendered: "The eldest brother will perpetuate the name of the deceased brother." The subject of the phrase "whom she bears" is the mother of the brothers and not the yevamah.

If the eldest brother does not desire to perform yibbum, all the other brothers are given that option. If they also do not desire, we return to the eldest brother and tell him: "The mitzvah is incumbent on you. Perform either yibbum or chalitzah." We do not compel the yavam to perform yibbum; we do, however, compel him to perform chalitzah.

If the eldest brother says: "Give me a respite until [a brother] who is a minor attains majority," "... until [a brother] who is on a journey returns," or "... until [a brother] who has [temporarily] lost his powers of speech and hearing recovers; if he refuses, I will perform yibbum or chalitzah" - his request is not accepted. He is told: "The mitzvah is incumbent on you. Perform either yibbum or chalitzah."

Similarly, if the eldest brother is in another country, [the obligation is transferred to his younger brother]. The younger brother does not have the option of saying: "The mitzvah is incumbent on my older brother. Wait until he comes." Instead, we tell the brother that is present: "Perform either yibbum or chalitzah."

The laws pertaining to a yevamah who is fit to perform yibbum and refuses to do so are the same as those governing a woman who rebels against her husband. We compel her yavam to perform chalitzah with her, and she forfeits [the money due her by virtue of her] marriage contract. When the deceased is survived by many wives, the one that the yavam asks to perform yibbum and refuses is considered to have "rebelled." He should perform chalitzah with her, and she forfeits [the money due her by virtue of her] marriage contract. The other wives who were not asked [to perform yibbum] receive [the money due them by virtue of their] marriage contracts, as other widows do.

If [the deceased was survived by] many [brothers], and the eldest brother states that he wants to perform yibbum with [one of the deceased's wives], [she is under obligation to him]. Even if she does not desire [to marry] him, but is willing to marry one of his brothers, her desire is not considered. For the mitzvah is that the eldest brother perform yibbum.

[The following rules apply when] the eldest brother says: "I do not want to perform either yibbum or chalitzah. Behold, my brother is present." If one of the brothers asks her to perform yibbum, and she does not desire [to marry] him, but she does desire [to marry] another brother, and he desires [to marry] her, she is not considered to have "rebelled." Once the eldest brother upon whom the mitzvah is incumbent demurs, all the brothers are equal. Since she desires [to marry] one of [the brothers], and he desires [to marry] her, she is not considered to have "rebelled." Moreover, if one of the brothers was in another country, and the woman says: "I would prefer to wait for him to come and perform yibbum with me. I do not want [to marry] this one," she is not considered to have "rebelled." [Since] the brother who asks [to marry her] is not the eldest, we tell him: "If you desire to perform chalitzah and pay her [the money due her by virtue of her] marriage contract, you may. If not, she wants to wait until your brother comes. Since you do not have a prior claim, [she is granted that prerogative].

If the brother [whom the yevamah desired to marry] returned and did not desire [to marry] her, we turn again to the brother who desired to perform yibbum, but was not desired by the woman. We tell the woman: "There is no one who desires to perform yibbum with you except this one, and the mitzvah of yibbum is given priority. Either perform yibbum with this one, or leave without receiving [the money due because of your] marriage contract, as is the law with regard to all women who rebel."

Whenever the law is that a woman should perform chalitzah and not yibbum, as we have mentioned, if she is entitled to receive [the money due her by virtue of] her marriage contract, she may collect that money in the same way as other widows. Similarly, if the yavam was a leper or he has other blemishes [for which] men [are required to divorce], he must perform chalitzah for her, and she is entitled to receive [the money due her by virtue of] her marriage contract. If a yevamah suffered blemishes while she was waiting for yibbum, it is the yavam's lack of fortune. If he does not desire to perform yibbum, he must perform chalitzah and give her [the money due her by virtue of] her marriage contract.

When, during her [first] husband's lifetime, a yevamah takes a vow prohibiting her from deriving benefit from her yavam, or from all Jews, [her yavam] should be compelled to perform chalitzah for her, and she is entitled to collect [the money due by virtue of] her marriage contract. If she takes such a vow after her [first] husband's death, we request [her yavam] to perform chalitzah for her. If he does not desire to do so, she is considered to have "rebelled." Similarly, even if she took such a vow in her husband's lifetime, if her intent was that he should not perform yibbum with her, he is not compelled to perform chalitzah, unless she [accepts the status of] one who rebels and forfeits [payment of] her marriage contract.

No heed is paid to the words of a yevamah, when her yavam asks her to perform chalitzah, and she says: "I do not want to perform chalitzah, nor do I want to collect [the money due me by virtue of my] marriage contract. Instead, I will remain in my husband's house like other widows." For she was given over to [the yavam] from heaven, and the choice [is his whether] to perform yibbum or to perform chalitzah and pay her [the money due her by virtue of her] marriage contract. Moreover, even if she says "I will provide for my sustenance from my own means, and I will remain without a husband for the rest of my life," her words are not heeded. For the yavam will tell her: "As long as you are under obligation to me, no one else will want to marry me." Even if he is already married [this argument still holds weight], for it is possible for him [to desire] to marry another wife, or that [his obligation to] the yevamah will cause strife within his marriage.

[The following rules apply when] a yevamah had no right to the privileges of a marriage contract from her [deceased] husband, because she was forbidden to him, but she is permitted to marry the yavam, as will be explained. If the yavam desires to perform yibbum, he may. He is not obligated to the woman [for the privileges of her] marriage contract, just as her [previous] husband was not. The laws regarding the yavam's obligation for the additional amount to be paid the woman are the same as those that applied with regard to her husband. If, however, a husband did not write his wife a marriage contract, or she sold him or waived to him the rights to her marriage contract, the yavam is obligated to write a new marriage contract for her as he would be required for another widow.

Before the yavam performs yibbum or chalitzah with the yevamah, she is forbidden to marry another man, as [Deuteronomy 25:5] states: "the wife of the deceased should not be allowed to [marry] an outsider." If she marries another person, and they engage in sexual relations, they are both punished by lashes, and he must divorce her with a get. [This applies] even if she has borne him several children. She is forbidden to him and to her yavam. Her yavam should perform chalitzah with her; this causes her to be permitted to marry other men.

If she was consecrated by another man, she does not become forbidden to her yavam. Instead, the man who consecrated her should divorce her, and her yavam may perform either yibbum or chalitzah. If her yavam was a priest who is forbidden to marry a divorcee, she should be divorced by the man who consecrated her, so that the sinner should not benefit, and her yavam should perform chalitzah with her.

If the man who consecrated [the yevamah] and then divorced her, marries her [after] her yavam performs chalitzah with her, they are not forced to separate. If, by contrast, a man divorced [a yevamah] after being married to her and then remarried her again, the couple are forced to separate. For this resembles the case of a married woman who [thought that her husband had died and] remarried, who is forbidden to both her first and second husbands, as has been explained. A yevamah who engages in licentious sexual relations does not become forbidden to her yavam. If he desires, he may perform chalitzah; if he desires, he may perform yibbum.

[The following rules apply to] any yevamah concerning whom there is a question according to Rabbinic law whether or not she is under obligation to a yavam - e.g., a yevamah bore a child who died within thirty days, after a pregnancy that was not full term. In this instance, she is required by Rabbinic law to perform chalitzah, because of the doubt [that exists whether the birth was viable], as explained above. If such a woman was consecrated by another man before performing chalitzah, her yavam should perform chalitzah with her, and she may remain married to her husband. If she was consecrated by a priest - who is forbidden to be married to a woman who performed chalitzah - [her yavam] should not perform chalitzah for her. [This leniency was instituted] since we do not cause a man's wife to be forbidden because of a Rabbinic decree instituted on account of doubt. If the priest divorces [the woman] or dies, she should perform chalitzah. Afterwards, she is permitted, a priori, to marry other men.

When a man says: "This is my son," or "I have sons," his word is accepted, and he frees his wife from [the obligation of] yibbum or chalitzah.

When a man says: "This is my brother," or "I have brothers," his word is not accepted, and his wife does not become forbidden [to others because] she is required to perform yibbum. [We assume that] his intent was to cause his wife to be forbidden [to other men] after his death.

When the prevailing presumption is that [a man] has brothers and he says at the time of his death, "I do not have brothers," his word is not accepted. Similarly, if he says that a person presumed to be his brother is not his brother, his word is not accepted. If there was no prevailing presumption that he has brothers, but a rumor becomes circulated that there are witnesses who will testify that he has brothers, but these witnesses are overseas, the woman must take this factor into consideration and wait until the witnesses who were mentioned come, and are asked [concerning the matter]. [This ruling applies] even when the husband says, "I do not have a brother" at the time of his death.

[The following rules apply when] a man engaged in licentious relations with either a single woman or a married woman, she became pregnant, and he claims that he fathered the child. Even if [the mother] acknowledges his statements, and thus the son is considered his with regard to the laws of inheritance, the matter is considered to be one of doubt with regard to the laws of yibbum. For just as the woman engaged in relations with him, she could have engaged in relations with another man. How is it possible to know with certainty that this is his son? There is no prevailing presumption to that effect. The matter thus remains one of doubt, and the more stringent perspective should be taken. Hence, his wife [is obligated to] perform chalitzah, and she [is forbidden] to perform yibbum.

The testimony of one witness is accepted with regard to the death of a woman's husband, and she may perform yibbum on this basis. [Similarly, such testimony is acceptable if he states that] her yavam died, or that her husband fathered a son, on which basis she would be granted permission to marry another person [without chalitzah]. Even the testimony of a servant or a woman, or statements of a gentile made in the midst of conversation are acceptable with regard to the death of a yavam, as they are acceptable with regard to a married woman whose husband has died, to enable her to be permitted to remarry, as mentioned in Hilchot Gerushin.

Just as the statements of five [specific] women are not accepted with regard to testimony regarding the death of a woman's husband, so too, the statements of these five women are not accepted with regard to the death of her yavam. The laws of the testimony governing the death of a yavam are the same as the testimony [governing the death of the woman's husband] with regard to disparities between the statements of the witnesses and all other matters.

[The following rule applies when] two widows, [each one married to one of two brothers,] come from an overseas country, this one says: "My husband died," and this one says: "My husband died." Each one is forbidden [to remarry] because of her obligation to the husband of the other one. For the testimony of a yevamah is not acceptable with regard to the death of the woman's yavam, as stated [in the previous halachah].

If one of these women has a witness who can testify that her husband died, she is still forbidden to remarry - for she is not forbidden to remarry because of [an apprehension that] her own husband [is alive], but rather because of [the apprehension that] her yavam [is alive]. The woman who does not have a witness supporting her, by contrast, is permitted [to remarry], for a witness has testified that her yavam died, and her own testimony is accepted with regard to the death of her husband.

If one of the above-mentioned women has children, and the other is childless, the one who is childless is forbidden [to remarry], and the one who has children is permitted. If there is another living brother to perform yibbum, he should perform yibbum with both of them.

If [in the latter instance], the yavam who married them died, they are forbidden to marry another man as they were originally. If, however, the yavam married them and then divorced them, they are free to marry other men.

A woman's testimony is accepted with regard to the death of her husband, and she may marry [another man] or perform yibbum [on this basis]. Nevertheless, the testimony of a yevamah is not accepted with regard to the death of her yavam, and it is not considered to be sufficient basis for her to marry another man. The rationale is that the prohibition [against marrying another man when under obligation to a yavam] involves merely a negative commandment. And therefore the woman may regard it casually. Similarly, the testimony of a yavam is not accepted with regard to the death of his brother, and it is not considered to be sufficient basis for him to marry his brother's wife. [We fear that] perhaps he desired her. Similarly, a woman's testimony is not accepted with regard to the death of her sister, and it is not considered to be sufficient basis for her to be permitted to marry her sister's husband. [By the same token,] a man's testimony that his wife has died is not accepted as sufficient basis for him to marry her sister. In this instance, it is necessary that two witnesses testify that one sister has died before the other sister can enter her household. For the testimony of one witness was accepted only so that license to marry could be granted to a woman who would otherwise be forced to remain unmarried, as we have explained.

Accordingly, when a woman, her husband and her yavam journey overseas, and she comes and says: "My husband died, and afterwards my yavam died," or "My yavam died, and then my husband died," her word is not accepted. If, however, she and her husband depart alone, and she returns and says: "A yavam was born for me overseas, but he died," her word is accepted, regardless of whether she says "My yavam died, and then my husband died," or "My husband died, and afterwards the yavam who was born for me died." [The rationale is] the source for the statements [on which basis the woman was] forbidden [states that she is] permitted.

[The following rules apply when] a woman journeys overseas together with her husband and her son: If she returns and says: "My husband died and then my son died," her word is accepted, for at the time she departed the prevailing presumption was that she was permitted to marry another man. If she says: "My son died, and afterwards my husband died," her word is not accepted as the basis for yibbum. Nevertheless, we grant a certain degree of credence to her words, and she should perform chalitzah, but not yibbum.

[The following rules apply when] a woman journeys overseas together with her husband alone: If she says, "I "bore a son overseas, he died, and then my husband died," her word is accepted and permitted her to perform yibbum. [The rationale is that] the prevailing presumption when she departed was that she was permitted to perform yibbum. If she says: "My husband died, and then the son who was born to me died," her statements are not accepted as grounds to free her of the obligation for yibbum or chalitzah. Nevertheless, we grant a certain degree of credence to her words, and she should perform chalitzah, but not yibbum.

When does the above apply? When she was forbidden to the priesthood at the outset - e.g., she had been divorced or a chalalah beforehand, - or she said: "We were [alone] in a cave when he died." If this is not the situation, she may not perform chalitzah, lest she perform chalitzah and then witnesses come and confirm her statements that her husband died first. Thus, it will be evident that this chalitzah was unnecessary, and she [is permitted to] marry a priest. An observer may see that she performs chalitzah and then marries a priest, and he would think that a priest is permitted to marry a woman who performed chalitzah, for he is unaware that witnesses came. Therefore, she should not perform chalitzah, nor should she perform yibbum. Instead, she should remain under the obligation to perform yibbum as she was when she departed, until witnesses come [and clarify the situation].

Similar laws apply when a woman's husband and a second wife journeyed overseas, and two witnesses came and told [the first wife], "Your husband died." She should not perform chalitzah, nor should she perform yibbum until she knows whether or not her husband's second wife bore a child. Why should she not perform chalitzah nine months after the death of her husband, in which case she would be permitted to marry another man from any standpoint? If the other woman bore a child, that frees her of all obligations. And if the other woman did not bear a child, she [should be permitted, because] she performed chalitzah. [Our Sages prohibited this] as a decree, lest after the woman performed chalitzah, it become known that her husband's other wife bore a viable child. This woman will then not be [bound by the prohibitions of] a woman who performed chalitzah, and she may marry a priest despite performing chalitzah. An observer - who did not know about the witnesses [who informed her of the birth of her husband's child] - might conclude that a priest is permitted to marry a woman who performed chalitzah, and he will testify that a Rabbinic court gave her license to marry a priest. Therefore, if she was forbidden to the priesthood at the outset, she may perform chalitzah nine [months after the death of her husband and] she may marry another man. The wife who accompanied her husband when he died should wait 90 days, as other yevamot. Thus, she may perform chalitzah or yibbum. She need not worry about [the possibility of] the wife in the country [giving birth], for that woman was not in the same country as her husband.

When a woman's husband dies, and her mother-in- law is living overseas, she need not suspect that her mother-in-law bore a child [before her husband's death], and that there is a yavam for her living in another country. Our Sages did not institute a decree of this nature. Instead, they allowed the prevailing presumption [regarding her status to continue], and she is permitted to remarry. The same concept applies when a woman's husband dies, and her son is living overseas - she need not suspect that her son died [before her husband's death]. Instead, we allow the prevailing presumption [regarding her status to continue].

If, however, the mother-in-law departed [overseas] while she was pregnant, the daughter-in-law must bear that fact in mind. She may not marry another man until she knows the fate of her mother-in-law's pregnancy. Perhaps a yavam for her was born before her husband died.

[The following laws apply when] a woman's husband and son went overseas, and [witnesses] came and told her: "Your husband died and then your son died." If she married, and later discovered that they died in the opposite order, she must leave her second husband. None of the children she bore him is considered illegitimate, however. [More stringent rules apply if she was told: "Your son died and then your husband died," and on that basis she performed the rite of yibbum and then discovered that they died in the opposite order. She is obligated to leave her second husband. All the children she bore him - both those born before she received this notice and those born afterwards - are considered illegitimate.

What does the mitzvah of chalitzah entail? The yevamah goes to the yavam's place of residence and approaches the judges. They call the yavam and give him advice that is appropriate for him and for her. If the appropriate advice is for them to perform yibbum, they advise him to perform yibbum. If the appropriate advice is for them to perform chalitzah - e.g., she is young and he is older, or she is older and he is young - they advise him to perform chalitzah.

The judges should first establish the place where they will hold session, and then she should perform chalitzah there in their presence, as [Deuteronomy 25:7] states: "And his yevamah shall ascend to the gate, [where] the elders [hold court]...." If [the judges] did not speak about the matter, nor did they establish a place, and [the yevamah] and [the yavam] chanced upon them and performed chalitzah, the chalitzah is acceptable.

Both [the yevamah] and the yavam should be taught to read until they are familiar [with the words they must recite]. The yevamah should be trained to say lo avah in one breath, [pause,] and say yabmi, so that her words cannot be interpreted to mean avah yabmi.

If the yevamah is familiar [with the phrase] she must recite, we are not fastidious about her reading [the above phrase] in one breath. If, however, she is unable [to read], we should train her until she does so [properly].

Chalitzah must be performed during the day and not at night. [The rite] must be performed in the presence of [at least] three individuals who know how to read. If one of the three individuals is a convert, [the chalitzah] is unacceptable. Even a man whose father is a convert, and his mother a native-born Jewess, should not participate in the chalitzah ceremony. [Instead, it is necessary,] that both his father and his mother be native-born Jews. It is a mitzvah for five men [to observe the rite], so that the matter will be publicized. The other two may even be common people.

How is the rite of chalitzah performed? A leather shoe with a heel, that is not sewn with linen threads, is brought to [the yavam]. He places it on his right foot and ties its straps around his foot. Both [the yavam] and [the yevamah] stand before the court. The phrase [Deuteronomy 25:7], Me'ein yevami.... ("My yavam refuses....") is read in Hebrew for the yevamah to repeat. Afterwards, the phrase [ibid.:8], Lo chafatzti lekachtah ("I do not desire to take her") is read for the yavam to repeat. He then presses his foot to the ground. She sits [on the ground], extends her hand before the court, loosens the straps of his shoe, removes it, and throws it to the ground. At the moment she removes the majority of the heel [of the shoe from his foot], she becomes free to marry another man.

Afterwards, she stands and spits on the earth before his face, in a manner that the spittle can be seen by the judges. For the mitzvah of chalitzah requires that both [the yevamah and the yavam] should stand when they recite [the phrases they must say] and when she spits. The judges must see the spittle that emerges from her mouth. Afterwards, the phrase Kachah ye'aseh..., "This is what should be done to a man who does not build his brother's household. And his [family] shall be called within Israel 'the household of the one whose shoe was removed' [Deuteronomy 25:9-10] is read for the yevamah to repeat.

All [the statements mentioned] above should be made in Hebrew. This is derived from the phrase "This is what" [in the above verse, which is interpreted] to mean "with these words." All those seated in attendance recite chalutz hana'al, "the one whose shoe was removed," three times. The yevamah must remove his shoe with willful intent, and [the yavam] must have the intent that he performs this rite on her behalf. They must perform these acts with the intent of enabling her to marry other men. A blind man should not perform chalitzah, for [Deuteronomy 25:9] states: "[She] shall spit before his face," and he cannot see her spittle.

Thus, the order of chalitzah should be as follows: First she recites: "My yavam refuses to perpetuate his brother's name within Israel. My yavam did not desire [to marry me]. Afterwards, [the yavam] says: "I do not desire to take her." At which point, she removes his shoe and then spits. Afterwards, she recites: "This is what should be done to a man who does not build his brother's household. And his [family] shall be called within Israel 'the household of the one whose shoe was removed.'

This order is not, however, an absolute requirement. Instead, even though neither [the yevamah], nor [the yavam] recited [the required phrases], she spit and then removed his shoe, or she recited [the phrases] and then spit, the chalitzah is acceptable.

Why, [in the above instance,] should she not spit [again], [so that all the required activities] will be performed in the proper order? Lest people [mistakenly] think that spitting alone is of no consequence, and [they err and think] that it does not prevent [the yavam's] other brothers [from performing yibbum with the yevamah].

[Even if] she merely removed his shoe, did not recite [the required phrases], and did not spit, the chalitzah is acceptable. Needless to say, if she removed his shoe and recited the required phrases, but did not spit, or if she removed his shoe and spat, but did not recite the required phrases, the chalitzah is acceptable.

When does the above apply? When [the yevamah and the yavam] are able to speak, for then they are able to recite [the appropriate phrases]. When, however, [the yevamah] or [the yavam] is dumb, they may not perform chalitzah, and if they do perform chalitzah, the chalitzah is not acceptable. [Their deeds are, nevertheless, effective to a certain degree.] They are not comparable to a chalitzah performed by [a yevamah] or [a yavam] who was a deaf-mute, in which case their deeds are of no consequence whatsoever, for a deaf-mute is not of sufficient mental capacity to take responsibility for his [or her] actions.

If [the yevamah] only spits, without removing [the yavam's shoe] or reciting [the appropriate phrases], or spits and recites [the appropriate phrases], without removing [the yavam's shoe], it is as if she has performed an unacceptable chalitzah. If both [the yevamah and the yavam] recite [the appropriate phrases], but the yevamah does not remove [the yavam's shoe] or spit, they have not accomplished anything. [This is implied by the verse:] "This is what should be done to a man" - i.e., a deed removing the shoe or spitting has an effect. The recitation of the verses, by contrast, is not an absolute requirement, nor does it have any effect [on its own].

If [the yevamah] removes [the yavam's shoe], spits and recites [the appropriate phrases] while they are sitting, or lying on their sides, if the straps of the [yavam's] shoe are tied on his leg below the knee, or if she performed chalitzah in the presence of three common people who are not able to read the verses [which the two recite], the chalitzah is acceptable. Similarly, if [a yavam who is] blind performs chalitzah, [the chalitzah is acceptable].

Chalitzah is unacceptable [in the following instances]: a) a woman performed chalitzah at night, b) she performed chalitzah in the presence of two judges or in the presence of three judges, and one of them was a relative or [otherwise] disqualified [from serving in this capacity, c) the shoe was tied above his knee, d) he untied the shoe and she removed it, or she untied the shoe and he removed it, e) she had the intent of performing [these acts to release herself from her obligation to her yavam] but he did not, or he had the intent of performing [these acts to release her from her obligation to her yavam] but she did not, f) or a girl below the age of majority removed the shoe of an adult. Similarly, if a woman performs chalitzah in the presence of one judge, or even if chalitzah is performed at night by [the yevamah and the yavam] while they are alone, the chalitzah is unacceptable. When, however, chalitzah is performed by a deaf-mute, a mentally incapable person, or a minor, and similarly, when a man performs chalitzah with a woman who is not obligated to perform chalitzah or yibbum, the chalitzah is of no consequence.

When a yavam's right leg is cut off, he should not perform chalitzah with his left leg. If he performs chalitzah with his left leg, the chalitzah is unacceptable. If [the yavam] is bowlegged, his foot turns to his side, or he always walks on the tips of his toes, she should not perform chalitzah, for the man performing chalitzah must press his heel to the ground, and such a person is incapable of this. If a person with such a disability in his legs performs chalitzah, the chalitzah is unacceptable.

A yevamah whose hands are cut off may perform chalitzah. A priori, [it is acceptable,] even if [she must remove the shoe] with her teeth, for the verse does not say that she will remove it with her hands. If she removes a shoe made from cloth, she has not performed chalitzah. If, however, she removes a shoe that does not have a heel, [a shoe] that was sewn with linen threads, a shoe made from goats' hair, the inner bark of a palm tree, cork or wood, the chalitzah is unacceptable. [This same ruling applies if] the shoe is so large that [the yavam] could not walk in it, if it is so small that it does not cover the majority of his foot, it is torn to the extent that it does not cover the majority of his foot, or the sole is opened to the extent that it does not cover the majority of his foot.

Chalitzah is acceptable, however, in the following instances: a) a sandal was made of wood and covered with leather, or its soles were leather, and its sides were made from goats' hair, b) [the yevamah] removed a left shoe from [the yavam's] right foot, c) the shoe did not belong to the [the yavam], d) it was oversized, but he could still walk while wearing it, e) it was small, but it covered the majority of his foot, f) it was torn, but it covered the majority of his foot, or g) the sole was opened, but it covered the majority of his foot.

When it is questionable that a sandal is affected by tzara'at, or it has definitely been established that this is the case, and a sandal belonging to a false deity - i.e., one placed on the feet of an image - should not be used for chalitzah. If, however, it is used for that purpose, the chalitzah is acceptable, despite the fact that deriving benefit from [the sandal] is forbidden. [Different rules apply with regard to a sandal that was made from an animal] offered to a false deity, one from an apostate city, or one that was made to be worn by a corpse when it is buried. If [such a sandal] is used for chalitzah, the chalitzah is unacceptable. [The rationale is] that such a sandal was not made for a person to wear while walking.

If [the yevamah] tears the shoe off [the yavam's] foot or burns it, the chalitzah is unacceptable. [The same ruling applies if the yavam] is wearing two shoes [on his right foot, one on top of the other,] and the yevamah removes [only] the upper one [in the ordinary manner]. Even if she tears off the lower one so that his foot is revealed, the chalitzah is unacceptable.

When a yevamah eats garlic, mustard, or other similar condiments that increase a person's spittle, and spittle was dripping from her mouth, [the spitting] is of no consequence. [Instead,] the spittle must be produced without any external cause.

If [a yevamah] spits blood, or if blood is dripping from her mouth, [the spitting] is of no consequence. If she sucks [the wound] and then spits, it is acceptable, for it is impossible that there will be blood that was sucked out without some drops of spittle. If she spits, and the wind blows away the spittle before it passed before his face - e.g., she is tall and he is short - [the spitting] is of no consequence. If [the wind blows] the spittle [away] after it passes before his face, but before it lands on the ground, it is acceptable. If the judges do not see the spittle emerge from [the yevamah's] mouth, it is acceptable.

Chalitzah performed under mistaken premises is unacceptable. What is implied? For example, [if the yavam] was told: "Perform chalitzah for her; this is the manner in which you acquire her as a wife," "Perform chalitzah for her. It is a mitzvah, and you do not lose any rights. If you later desire to perform yibbum, you may," or the like, [the chalitzah] is unacceptable. If, however, he was deceived and was told: "Perform chalitzah for her on the condition the she give you 200 zuz" - or "...under any other condition" - the chalitzah is acceptable, even though she did not give [him the money] or fulfill the condition. [The rationale is that] he had the intent [of releasing her from her obligation] when he performed chalitzah.

When [a man] issues a protest with regard to chalitzah, the chalitzah is not acceptable. Therefore, it is proper for the judges to tell [the yavam] to nullify all protests [before he performs chalitzah], as they do with regard to a get. [The following rules apply when] Jews compel [a yavam] and beat him until he performs chalitzah: If they act according to law, the chalitzah is acceptable. If they do not act according to law - e.g., they were commoners or they erred [in judgment] - the chalitzah is not acceptable. If gentiles force [a yavam to perform chalitzah] on their own initiative, but the law would require that chalitzah be performed, the chalitzah is unacceptable. If they do not act according to law, the chalitzah is of no substance.

Whenever we have used the terms, "the chalitzah is of no substance," "his actions are of no consequence," or "nothing has been accomplished," the intent is that it is as if the chalitzah had not been performed at all. He does not become forbidden to her relatives, nor is she forbidden to the priesthood, and she is permitted to perform yibbum. Whenever we have used the term, "the chalitzah is unacceptable," he becomes forbidden to her relatives, and she becomes forbidden to the priesthood. She also becomes forbidden to all the brothers, and she may not perform yibbum. She may not marry another man, however, until she performs an acceptable chalitzah.

If she transgresses and marries [another man], [the yavam] should perform an acceptable chalitzah with her. She is allowed to remain married to her husband; she is not sent away from him.

When a yevamah grows up together with [her deceased husband's] brothers, she is permitted to perform yibbum. We do not suspect that she performed chalitzah with one of them alone and thus became forbidden to them. If, however, we see that she removed the shoe of one [of the brothers], she is disqualified [from yibbum], lest she have intended to perform chalitzah. An acceptable chalitzah must, however, be performed to enable her to marry another man.

The document recording the chalitzah that we compose is merely a legal record, so that a woman will have at hand proof that she performed chalitzah. Judges do not preside over chalitzah unless they know the identity [of the yevamah and the yavam]. Therefore, a person who observes chalitzah can write a document recording the chalitzah although he does not know that the woman is so and so's daughter, that her deceased husband was so and so, and that the person who performed chalitzah with her was [her husband's] brother. [He can assume] that the judges who presided over the chalitzah clarified these matters and afterwards had the chalitzah performed.

This is the formal text of the document recording the chalitzah that is employed at present: On this day of the week and on this day of the month, in this year from the time of creation, according to the reckoning that is followed in this and this place, we, the judges, of whom several have signed below, sat in a session of three in court. So and so, the widow of so and so, the daughter of so and so, approached us, as did a man named so and so, the son of so and so. And this woman told us: "So and so, the son of so and so, [is] the paternal brother of so and so, my husband. [My husband,] to whom I was married, died, leaving life to the Sages and to the entire Jewish people. He did not leave a son or a daughter to inherit him and to perpetuate his name within Israel. So and so, his brother is fit to perform yibbum with me. "Rabbis, tell that man: 'If you desire to perform yibbum, do so.' If not, let him place his right foot before me, and I will remove his shoe from his foot and spit before him." We clarified the identity of so and so and that he is the paternal brother of so and so, and we told him: "If you desire to perform yibbum, do so. If not, place your right foot before us, so that she can remove your shoe from your foot and spit before you." He answered us: "I do not desire to perform yibbum." Immediately, we had this woman recite after us: "My yavam refuses to raise a name for his brother within Israel. My yavam does not desire [to perform yibbum]." And then, we had the man recite after us: "I do not desire to take her." He then placed his right foot forward. She removed his shoe from his foot and spit before him, emitting spittle that could be seen by us from her mouth to the ground. We then had her recite after us: "This is what should be done to a man who does not build his brother's household. And his [family] shall be called within Israel 'the household of the one whose shoe was removed.' And we the judges, and all those sitting before us, answered after her: "the one whose shoe was removed," "the one whose shoe was removed," "the one whose shoe was removed," three times. When this act was performed before us, we granted license for so and so to marry whomever she desires; no man has the right to raise a protest from this day onward. So and so made a request for a legal record of this chalitzah. [Hence,] we wrote it up, signed it and gave to her as proof according to the faith of Moses and Israel. Signed so and so the son of so and so, a witness; so and so the son of so and so, a witness.

The three judges, two of the three judges, or two other individuals who witnessed the chalitzah, but who did not serve as the judges presiding over the chalitzah, may testify concerning the matter, as we have explained. Even [the testimony of] a woman, a servant or a minor who is perceptive and understanding is accepted if they say that "This is so and so, the brother of so and so, and this is his yevamah." We may then perform chalitzah on this basis. This does not apply with regard to other forms of testimony required by the Torah - neither testimony required in questions of monetary law nor testimony required with regard to prohibitions. [The rationale for this distinction is that this is a matter that will likely be revealed, and it is possible to know the truth of the matter without relying on their testimony, as we have explained at the conclusion of Hilchot Gittin. If the yavam desires to perform yibbum, he should consecrate her, perform yibbum and write her a ketubah, as we have explained.

On this day of the week and on this day of the month, in this year according to the reckoning that is followed in this and this place, [we the undersigned testify] that so and so, the son of so and so, appeared before us and told us: "My paternal brother died, leaving life to the Sages and to all of Israel. He did not leave a son or a daughter to inherit him and to perpetuate his name within Israel. He did, however, leave a woman so and so, the daughter of so and so. According to the Torah, she is fit to perform yibbum with me, as it is written in the Torah scroll of Moses: 'A yavam will engage in relations with her.' This woman consented and performed yibbum with so and so, the son of so and so, her yavam, to perpetuate [her deceased husband's] name within Israel, as it is written: "The first-born that she bears will arise in the name of his brother who is deceased." So and so, the yavam, has written [a marriage contract for] two hundred silver zuzim, as befits her, as was written in the marriage contract written to her by her first husband, and he adds to this pledge from his own resources this and this amount. This is the dowry with which she entered the household... [continuing as in] the ordinary text of a ketubah.

33 On this day of the week..., [we the undersigned testify] that so and so, the son of so and so, told so and so, the daughter of so and so, a virgin bride: "Become my wife according to the faith of Moses and the Jewish people. And I, with the help of G-d, will work to honor you, sustain you, nourish you, provide for you and clothe you according to the custom of Jewish men who faithfully honor, sustain, nurture, provide for and clothe their wives. "And as a dowry fit for a virgin, I will give you 200 silver zuzim, which are equivalent to 25 zuzim of [pure] silver, which are fit for you according to the Torah, your sustenance, your clothing and your other needs, and I will give you conjugal rights." So and so agreed and became the wife of so and so. He consented and added to the essential requirement of the marriage contract, reaching a total sum of such and such. This is the sum of the value of the dowry that she brought to the household, such and such. The groom received this entire amount. It entered his domain and came under his jurisdiction, and he accepted responsibility for the entire amount as a loan and a debt. Similarly, the groom has told us, "I accept responsibility for the entire [sum mentioned in] this marriage contract: the essential requirement of the marriage contract, the dowry, the additional amount, and all the stipulations of the marriage contract. "[This responsibility I accept upon myself,] my heirs and on all the valuable and desirable property and assets that I own beneath the heavens. [This includes] those that I already own and those that I will acquire and includes landed property and movable property that is acquired via the acquisition of landed property. All of them will be liable and accountable for the entire sum of this marriage contract: the essential requirement of the marriage contract, the dowry and the additions that payment be made from them in my lifetime and after my death, including even the cloak I wear on my shoulders." We have formalized all that is written and explicitly stated above with a comprehensive kinyan. It should not be considered as an asmachta or as a sample text for legal documents that is not binding. Instead, it is binding with all the power and rigor of marriage contracts that are customarily accepted among the Jewish people, as ordained by our Rabbis of blessed memory. We signed this marriage contract on the date mentioned above. Everything is clear, forceful and viable.

If the marriage contract is written for a widow, it should mention [the woman's name as] "so and so, the widow." If the marriage contract is written for a divorcee, it should mention [the woman's name as] "so and so, the divorcee." Similarly, if she had been taken captive [by gentiles], one should write "so and so, who was taken captive," so that a priest will not err [and marry] her. [In these instances,] it is written: "And as a dowry, I will give you 100 silver zuzim, which are equivalent to 12 1/2 zuzim of [pure] silver, which are fit for you...."

When a legal record of the chalitzah or a ketubah for a yevamah is written, the place where the verses [from the Torah] are written should be ruled with a stylus, for it is forbidden to write three words [from the Torah] without ruling [the surface on which one writes]. A yevamah who performs chalitzah is permitted to marry on the same day on which she performed chalitzah, for she should not perform chalitzah until 90 days have passed [since her husband's death].

When a yavam gives a yevamah a bill of divorce (a get), he disqualifies her and all of [his deceased brother's] other wives [from performing yibbum] with him or with any of the other brothers. It is considered as if he has performed chalitzah with her. The power of a get to affect a yevamah is Rabbinic in origin. [They instituted this decree based on the following rationale:] Since a get has the power to bring about the divorce of a married woman, and every get causes a woman to be disqualified from the priesthood, [they decreed] that it should also disqualify a yevamah from performing yibbum. [The yevamah] is not permitted to marry another man, however, until she performs chalitzah.

A statement of intent to marry (ma'amar) does not fully effect the establishment of a marriage bond for a yevamah, and it does not cause her to become a married woman in the full sense. Nevertheless, [if the yavam desires to nullify the ma'amar,] he must give [the yevamah] a get. For her to marry another man, however, chalitzah must be performed.

What is implied? When [a yavam] gives a ma'amar to his yevamah, but does not desire to engage in sexual relations with her, he must write a get for her, since she was consecrated unto him, and he must perform chalitzah with her to cause her to be permitted to others. For a yevamah is not permitted to marry another man unless she enters into sexual relations with her yavam [and then is divorced or widowed], or if she performs chalitzah. A get disqualifies her for yibbum, but does not permit her to marry another man. A ma'amar does not effect a marriage bond in a complete sense, as sexual relations do.

When [a yavam] gives a ma'amar to his yevamah and then gives her a get [to nullify his ma'amar], he has negated what he brought about, and [the yevamah] is free [to perform yibbum]. It appears to me that she is free only [to perform yibbum] with his brothers, but she is forbidden to him.

When [a yavam] gives a get [to his yevamah] [to nullify] his connection to her and not {to nullify his ma'amar}, he disqualifies her [from performing yibbum] with him and his other brothers, as stated above. He must give her [another] get [to negate] his ma'amar and perform chalitzah with her to permit her to marry another man.

When a ma'amar is given to a yevamah at the outset, without its having been preceded by any other activity and without its having been followed by any activity other than the sexual relations between [the yavam] who gave the ma'amar and the yevamah, the ma'amar is referred to as "an acceptable ma'amar." By contrast, a ma'amar is referred to as "an unacceptable ma'amar" when: a) before the ma'amar either this yavam or one of his brothers gave a get to this yevamah or one of the deceased brother's other wives or performed chalitzah with her, b) either he or one of his brothers engaged in sexual relations with one of the deceased brother's other wives beforehand, c) after the ma'amar, either this yavam or one of his brothers gave a get to this yevamah or one of the deceased brother's other wives or performed chalitzah with her, d) he or one of his brothers engaged in sexual relations with one of the deceased brother's other wives or gave a ma'amar to one of them, or e) one of his brothers gave a ma'amar or engaged in sexual relations [with the yevamah to whom he gave the ma'amar]. [This term applies to] both a ma'amar that preceded these deeds as well as to a ma'amar that was given afterwards.

What is implied? If [a yavam] a) gave a get or performed chalitzah with his yevamah and afterwards he or one of his brothers gave her or another of his deceased brother's wives a ma'amar, or b) he entered into relations with his yevamah or gave her a ma'amar, and then he or one of his brothers gave another of his deceased brother's wives a ma'amar or entered into relations with her, the ma'amar is unacceptable. This applies both to the first ma'amar and the second ma'amar.

Thus, we may conclude that whether a ma'amar was preceded by another ma'amar, a get, a chalitzah, or sexual relations, or whether any of these acts preceded a ma'amar, the ma'amar is unacceptable. The only exception is when [a yavam] gives a ma'amar and enters into sexual relations [with the yevamah] after the ma'amar; this follows the dictates of the law.

When a yavam enters into sexual relations with his yevamah at the outset or after giving her a ma'amar, and nothing else preceded [their relations], [their] relations are referred to as "acceptable." If a) a ma'amar from one of his brothers [was given to this yevamah], b) a get was given [to this yevamah] or to one of [the deceased brother's] other wives, or c) a ma'amar [was given by this yavam] or one of his brothers to one of [the deceased brother's] other wives, before [the yavam and the yevamah entered into relations], the relations are referred to as unacceptable.

When a yavam performs chalitzah with his yevamah at the outset without any other activity preceding it, the act is referred to as "a superior chalitzah." If [the chalitzah] was preceded by a get or a ma'amar, whether from this yavam or from his brothers, [which was given] either to this yevamah or to one of [the deceased brother's] other wives, the act is referred to as an "inferior chalitzah."

When there are many yevamot coming from one household, after one of them has entered into "acceptable relations" or performed a "superior chalitzah," all are permitted [to marry other men], and their obligation to the yavam is removed. If one of them entered into "unacceptable relations" or was given an "unacceptable ma'amar," all the wives are forbidden to perform yibbum. The woman who entered into relations or who received the ma'amar must be divorced with a get. [In addition,] {each} one of them is required to perform chalitzah to be permitted to marry another man. For "unacceptable relations" do not remove [a yevamah's] obligation to her yavam.

If one of [a deceased man's wives] performs an "inferior chalitzah," she is permitted to marry another man, but [the deceased's] other wives remain forbidden [to marry] unless they perform chalitzah or unless all the brothers perform chalitzah with [the yevamah] who performed the "inferior chalitzah." For an "inferior chalitzah" does not remove the obligation of yibbum from this household until [the yevamah who performed the "inferior chalitzah" performs chalitzah] with all the brothers, or all [the deceased's wives] perform chalitzah.

Whenever a yevamah engages in sexual relations with her yavam, [a get is required to terminate the relationship], regardless of whether or not the relations are acceptable. [This applies] even if [the yavam] engaged in relations with [the yevamah] after performing chalitzah with her. [Similarly, this ruling applies] regardless of whether [a yavam] or his brothers engaged in the relations for the sake of establishing a marriage bond or for the sake of yibbum. Even if [a yavam] or his brother engages in relations with another [one of the deceased's] wives after [the yavam] engages in "acceptable relations" with [his yevamah], he must divorce the woman with a get, for these relations effect the establishment of a marriage bond. Similarly, whenever a yevamah is given a ma'amar - whether an "acceptable ma'amar" or an "unacceptable ma'amar" - a get is required because of the ma'amar, as explained. Only then is the prohibition brought about by the ma'amar removed.

As mentioned, a get does not dissolve [a yavam's connection with] his yevamah entirely. Similarly, a ma'amar does not acquire her [as a wife for the yavam] in a complete way. It is [only] sexual relations that establish the marriage bond in a complete manner, and it is [only] chalitzah that dissolves the connection entirely. Therefore, when a yevamah is given one get after another, or one ma'amar after another, there is an effect. When, however, [another brother] engages in relations with [a yevamah with whom a yavam] engaged in relations, or performs chalitzah with [a yevamah with whom a yavam] performed chalitzah, the second relations or the second chalitzah are of no consequence. Similarly, a get or chalitzah that follows relations is of no consequence.

What is implied? When a yavam gives a get to a yevamah, and afterwards gives a get to another one of [the deceased's] wives, he is forbidden to marry the relatives of both women. Similarly, when two yevamim give two gittin to one yevamah, one after the other, she is considered to have been divorced by both of them. They are both forbidden to marry her relatives; one of them should perform chalitzah [with her]. Similarly, if [a yavam] gives a get to his yevamah, and then his brother gives a get to another one of [the deceased's] wives, each brother is forbidden to marry the relatives of the woman to whom he gave the get. Similarly, if [two brothers each] give a ma'amar, one after the other, [each must give a get], as explained. When, however, a yavam performs chalitzah with his yevamah, and afterwards either he or his brother perform chalitzah with another of [the deceased's] wives, or two yevamim perform chalitzah with the same yevamah, the second chalitzah is of no consequence, and the brother who performed it is not forbidden to marry the woman's relatives. It is just as if he performed chalitzah with another woman who is not under obligation to him.

Similarly, when a man engages in relations with his yevamah, and then he or one of his brothers performs chalitzah with her or with one of the other wives [of his deceased brother], this chalitzah is of no consequence. Similarly, if his brother gave a get to [this yevamah or] any of the other wives [of his deceased brother], it is of no consequence. Nor is it of consequence if one of his brothers gives the woman a ma'amar or engages in relations with her. Once the brother engaged in relations with her, he acquired her [as his wife] in a complete manner, and a married woman cannot be consecrated by another man. If, however, one of the brothers gave a ma'amar to one of the other wives [of his deceased brother], or engaged in relations with her, he must release her with a get, as we have explained.

[The following rules apply when] two yevamim perform yibbum with two yevamot coming from the same household, and it is not known who performed yibbum first. Both should divorce [the women] with gittin. The women are then permitted to marry other men, but are forbidden to the yevamim. Consequently, when Reuven lived in Jerusalem and he had two wives, one living in Akko and one living in Tyre, [and two brothers:] Shimon who lived in Akko and Levi who lived in Tyre, if there is a report that Reuven died, according to law it would be proper for neither brother to perform yibbum until he knows what his other brother did. For perhaps he performed yibbum first. If one of the brothers does perform yibbum, he is not forced to divorce his wife until it is determined that his other brother performed yibbum first. If one brother desired to perform chalitzah without waiting to see what his other brother did, he is not prevented from doing so.

When a yavam who is below the age of majority, [but more than] nine years and one day old, enters into relations [with a yevamah], [the consequence] is equivalent to [that of] a ma'amar given by an adult; [the yevamah] is not acquired as a wife in a complete manner. When [a yavam who is below the age of majority, but more than] nine years and one day old, gives a ma'amar at the outset, it is effective and causes [the yevamah] to be forbidden to [his brothers] who are past majority. If, however, he gives [the ma'amar after a ma'amar has been given by his brothers who are past majority, his ma'amar] is of no consequence. [Similarly,] a get that he gives or chalitzah that he performs is always of no consequence, whether it precedes [his brothers' actions] or follows them.

What is implied? When a [yavam who is below the age of majority, but more than] nine years and one day old, engages in relations with his yevamah, or gives her a ma'amar at the outset, he disqualifies her [from performing yibbum] with his other brothers. If, however, [one of the brothers] past majority gave his yevamah a ma'amar, and then [the brother who is below the age of majority, but more than] nine years and one day old, gives her or another one of the wives [of the deceased brother] a ma'amar, his actions are of no consequence, and he does not cause [the yevamah] to be forbidden to his elder brother. If, however, [the brother who is below the age of majority, but more than] nine years and one day old engages in relations with her or with another one of the wives of [the deceased brother], he causes [the yevamah] to be forbidden to his elder brother, as would be the case when two [brothers] past majority each gave a ma'amar one after the other, as we have explained.

When a [yavam who is below the age of majority, but more than] nine years and one day old, has engaged in relations with his yevamah, and then one of his brothers past majority entered into relations with her, performed chalitzah with her, gave her a get, or performed one of these activities with another [one of the deceased brother's] wives, he disqualified the minor [from marrying his yevamah]. Similarly, if the minor has engaged in relations with another [one of the deceased brother's] wives, or another brother who is also [below the age of majority, but more than] nine years and one day old, has engaged in relations with this woman, or with another [one of the deceased brother's] wives, [the woman with whom the first brother originally engaged in relations] is disqualified [from marrying him], as is the ruling whenever two ma'amarim are given one after the other.

When a [yavam who is below the age of majority, but more than] nine years and one day old, engages in relations with his yevamah and then does not engage in relations with her again after he attains majority, [he is] required [to give her] a get and perform chalitzah. The get [is necessary] because the relations in which he engaged are considered equivalent to a ma'amar. The chalitzah [is necessary] in order to permit the woman to marry another man, for she did not engage in relations that established a complete marriage bond. If [her yavam] engaged in relations with her after he attained majority, all that is required [to enable her to marry another man] is a get.

[The same laws that apply to a yavam who is below the age of majority, but more than] nine years and one day old [apply to a yavam who] is twenty years old and has not manifested signs of physical maturity, but has also not manifested physical signs of impotency, as explained in the beginning of this book.

As explained, both the consecration of a girl below the age of majority who is fit to leave her husband through the rite of mi'un, and [the consecration of a girl who is] a deaf-mute are Rabbinic institutions. Nevertheless, they are two different types of ordinances. [For] the consecration of a minor was ordained so that [men] will not relate to her in an unrestrained manner. Her consecration is thus tentative until she comes of age. Consecration was ordained for a deaf-mute [for a different reason,] so that she will not remain unmarried forever. Accordingly, if all the yevamot coming from one household are below majority or all are deaf mutes, entering into relations with one of them frees them all from their obligation.

If [by contrast, the deceased was married to] a deaf-mute and a minor, engaging in relations with one does not free the other of her obligation. What is the alternative? The minor should be instructed to [nullify her marriage through] mi'un, and [a yavam] should marry the deaf-mute. If he desires to divorce her, he may write a get for her after they engage in relations. She is then permitted [to marry] another man.

If one [of the deceased's wives] was mentally competent, and one was a deaf-mute, engaging in relations with the mentally competent woman, or performing chalitzah with her frees the deaf-mute of her obligation. Engaging in relations with the deaf-mute, by contrast, does not free the mentally competent woman [from her obligation]. For the consecration of the deaf-mute is merely a Rabbinic institution. Similar [laws apply when one of the deceased wives was] above majority, and one was a minor. Engaging in relations with the woman past majority, or performing chalitzah with her frees the minor of her obligation. Engaging in relations with the minor, by contrast, does not free the woman past majority [from her obligation].

[The following rules apply if] both [the deceased's wives] were minors who are entitled to absolve their marriages through mi'un. If the yavam engages in relations with one of them, and then he or one of his brothers engages in relations with the other, this does not disqualify the marriage to the first. Nevertheless, we should instruct [the second one] to dissolve her marriage through] mi'un. He should then maintain [his marriage] with the minor yevamah with whom he engaged in relations first.

Similar laws apply if [the deceased was married to] a minor and a deaf-mute. If the yavam first enters into relations with the minor, and then he or one of his brothers engages in relations with the deaf-mute, this does not disqualify the marriage to the minor. The deaf-mute, however, must be divorced via a get. [The rationale is that] the relations with the minor are considered superior to relations with the deaf-mute, for ultimately the minor will be fit [to enter into a marriage bond that is binding according to Scriptural law]. Therefore, he should maintain his relationship with the minor with whom he engaged in relations first.

[In the above situation,] if the yavam first enters into relations with the deaf-mute, and then he or one of his brothers engages in relations with the minor, this disqualifies the marriage to the deaf-mute. We should instruct the minor to dissolve her marriage through] mi'un; the deaf-mute must be divorced with a get.

[The following rules apply if the deceased was married to] a mentally competent woman and a deaf-mute. If the yavam engaged in relations with the mentally competent woman, and then he or one of his brothers engages in relations with the deaf-mute, this does not disqualify the marriage to the mentally competent woman. The deaf-mute, however, must be divorced via a get. If the yavam first enters into relations with the deaf-mute, and then he or one of his brothers engages in relations with the mentally competent woman, this disqualifies the marriage to the deaf-mute. The deaf-mute must be divorced with a get, and the mentally competent woman should receive both a get and chalitzah.

[The following rules apply if the deceased was married to] a woman past the age of majority and one below the age of majority. [If the yavam] first enters into relations with the woman past majority, and then he or one of his brothers engages in relations with the minor, this does not disqualify the marriage to the woman past majority. We should, however, instruct the minor to dissolve her marriage through mi'un. If he first enters into relations with the minor, and then he or one of his brothers engages in relations with the woman past majority, we should instruct the minor to dissolve her marriage through mi'un, and he should remain married to the woman past majority. [The rationale is that] relations with her establish a fully binding marriage bond.

There are brothers who are fit to perform either the rite of yibbum or the rite of chalitzah. There are brothers who are not fit to perform either the rite of yibbum or the rite of chalitzah. [The deceased's wives] are under no obligation to them at all; they may marry another man. There are brothers who are fit to perform the rite of chalitzah but not the rite of yibbum, and there are brothers who are fit to perform the rite of yibbum but not the rite of chalitzah.

With regard to the following, [the deceased's wives] have no obligation at all: a saris chamah and an androgynous, for they are not fit to father children, nor had they been at any time.

These are [the brothers] who are fit to perform the rite of yibbum, but not the rite of chalitzah: a deaf-mute, a mentally incompetent man and a minor. [The rationale is that] they lack the mental competence to perform chalitzah. When a deaf-mute performs yibbum, he may never divorce [his yevamah]. For by entering into relations with her, he establishes a marriage bond that is completely binding, and he is incapable of divorcing a woman in a completely effective manner. [When a yavam who is below the age of majority but more than] nine years and one day old performs yibbum, [he acquires his yevamah as a wife]. He may not, however, divorce [her] until he attains majority, as we have explained.

These are [the brothers] who are fit to perform the rite of chalitzah, but not the rite of yibbum: those whose status is in doubt - e.g., there is a doubt whether a yevamah is forbidden to [the deceased's] brother, a man with crushed testicles, or a crushed member, or who has been castrated in any other way, and an elderly man whose virility has been weakened and he is incapable. If [a yavam] who has been castrated enters into relations [with his yevamah], he acquires [her as a wife], for there was a time when he was sexually potent. He must, however, divorce her with a get, because he is forbidden to marry [a native-born Jewess]. A tumtum should perform chalitzah, but not yibbum, because his status is one of doubt. If an operation is performed, and it is revealed that he is a male, he may perform either chalitzah or yibbum, as he desires. Brothers [of the deceased who are not in any of the categories listed above] may perform either chalitzah or yibbum.

There are yevamot who are fit to perform either the rite of chalitzah or the rite of yibbum. There are yevamot who are not fit to perform either the rite of yibbum or the rite of chalitzah. They are under no obligation to [the deceased's brothers] at all, and they may marry another man. There are yevamot who are fit to perform the rite of chalitzah, but not the rite of yibbum, and there are yevamot who are fit to perform the rite of yibbum but not the rite of chalitzah.

These are [the yevamot] who may perform the rite of yibbum, but not the rite of chalitzah: a deaf-mute, a mentally incompetent woman and a minor. [The rationale why they cannot perform chalitzah is that] they lack the mental competence to read and to understand. If the yavam desires to divorce the deaf-mute with a get after he engages in relations with her, he may.

These are [the yevamot] who may perform the rite of chalitzah, but not the rite of yibbum: [Women who are] forbidden [to the yavam] because of a negative commandment, [because of a Rabbinic ordinance - i.e.,] sh'niyot, or because of a positive commandment, as will be explained. Whenever there is a doubt whether or not a woman was divorced [by the deceased], she should perform chalitzah and not yibbum, lest the yavam violate a prohibition. For a brother's wife who was divorced is forbidden as an ervah. If, however, there was a doubt regarding whether a woman was consecrated to one's [deceased] brother, her status is like that of another yevamah, and she may perform either chalitzah or yibbum. For there is no possibility of [a prohibition being involved]. Similarly, the wife of a deaf-mute, an elderly woman or a woman who has become barren are like other yevamot. The yavam may perform either chalitzah or yibbum, as he desires. [The rationale is that] the elderly woman and the woman who has become barren were once fit [to bear children].

The following are not obligated to perform either chalitzah or yibbum: the wife of a saris chamah or the wife of an androgynous, the wife of a mentally incompetent person or the wife of a minor, an aylonit, or a woman forbidden [to her yavam] as one of the arayot. [The rationale for these laws is as follows. Deuteronomy 25:6 states that yibbum was instituted:] "So that the name of [the deceased] not be obliterated within Israel." This excludes the wife of a saris chamah or the wife of an androgynous, for their names are "obliterated" by nature. Since they are inherently unfit to father children, they are considered to be a separate category. [The verse continues:] "And the firstborn that she bears." This excludes an aylonit, who is, by nature, incapable of bearing a child. It is written [ibid:5]: "The wife of the deceased...." This excludes the wife of a mentally incompetent person or the wife of a minor - for with regard to them, there is no concept of marriage at all. [The verse continues:] "And he will take her as a wife." This excludes a woman forbidden [to her yavam] as one of the arayot, for she cannot be taken as a wife.

How is it possible for a woman to be forbidden [to her yavam] as one of the arayot? For example, [the yevamah] was the sister, the mother, or the daughter of [the yavam's] wife. Such a woman is not obligated to perform either chalitzah or yibbum at all and is under no obligation to [the yavam], as implied by the verse: "And he shall take her as a wife, thus performing yibbum." Only a woman who is fit to be married, and whose consecration [by the yavam] is binding is obligated to perform yibbum.

If the yevamah was forbidden to her yavam because of a negative commandment or a positive commandment, or she was one of the sh'niyot, she should perform chalitzah, but not yibbum. Why is she obligated to perform chalitzah? Because she is fit to be married, and her consecration [by the yavam] would be binding. Therefore, she is under obligation to the yavam. And according to law, she should perform yibbum, for yibbum is a positive commandment, and whenever the observance of a positive commandment conflicts with the observance of a negative commandment, the positive commandment takes precedence. Nevertheless, our Sages decreed that neither woman with whom relations are prohibited by a negative commandment, nor sh'niyot should perform yibbum, lest [the yavam] engage in relations with her a second time. [At that time,] relations with her are forbidden, and there is no mitzvah, for the positive commandment [of yibbum] applies only with regard to the first time [the couple] engage in relations. Therefore, if [the yavam] transgresses and engages in relations with a yevamah who is forbidden to him because of a negative commandment or because of a positive commandment, he acquires her [as his wife] in definitive manner and must divorce her with a get. Needless to say, [this ruling applies] with regard to a sh'niyah. [After the divorce, the yevamah] and all the other wives [of the deceased] are permitted to marry other men, for they have been released of their obligation.

When a yevamah has been widowed after her marriage [to the deceased] had been consummated, and a High Priest performs yibbum with her, the other wives [of the deceased] are not released from their obligation. [The rationale is that a positive commandment does not supersede a negative commandment and a positive commandment. [Therefore,] he does not acquire [the yevamah as a wife] in a definitive manner, and as such, another wife [of the deceased] is not permitted to marry another man until she performs chalitzah [herself].

[The following principle applies when] a yevamah was forbidden to her [deceased] husband as one of the arayot - e.g., he transgressed or he erred and married his paternal sister, and she is now under obligation to his brother. She is not considered to be [the deceased's] wife, for his consecration of her is not binding. [As such,] she is neither obligated to perform yibbum nor chalitzah. If [the deceased] had another wife, the other wife must perform either chalitzah or yibbum. If the woman who was forbidden to her [deceased] husband as one of the arayot is permitted to the yavam, and the yavam desires to marry her and also to perform yibbum with another wife [of the deceased], he has that option.

When a yevamah is forbidden to her husband because of a negative commandment or a positive commandment, or she is a sh'niyah with regard to him, but is not forbidden to the yavam for these reasons, she is permitted to perform yibbum. There is one exception - when the deceased remarried his divorcee after she had married another man. She should perform chalitzah and not yibbum. Similarly, when there is a doubt whether a yevamah was forbidden to her [deceased] husband as one of the arayot, or there is a doubt whether she is forbidden to her yavam for that reason, she should perform chalitzah and not yibbum. On this basis, [the following rules apply when] a man [attempted to] consecrate a woman, but there was a doubt regarding the status of the kiddushin, and afterwards, his brother, who had been married to the sister [of the woman he intended to consecrate], died. He should perform chalitzah and not yibbum with the wife [of the deceased]. And because of the doubt, he must divorce his wife with a get. Both women are forbidden to him: his yevamah because there is a doubt whether she is an ervah, and the woman he consecrated because there is a doubt whether her status is that of one related to a woman with whom he performed chalitzah, who is forbidden as a sh'niyah is, as explained above.

[The following principle applies when a man's] brother dies [childless] leaving two wives: one forbidden to [the yavam] as an ervah, and one who is not forbidden in this manner. Just as the woman who is forbidden is not under the obligation to perform chalitzah or yibbum, so too, [the deceased's] other wives are not obligated. This household is not under any obligation [to the yavam], as our Sages derived from [Deuteronomy 25:9]: "...Who did not build his brother's house": [Women from] a household from which he can take [any wife] he desires is under obligation [to the yavam]. But if he cannot "build" a portion of the household - i.e., he is forbidden to marry the woman - he should not "build" even the portion that is permitted to him. Thus, [when one of the wives of the deceased] is forbidden to [the yavam] as an ervah, the other wife also remains forbidden to him as an ervah. [She is still forbidden as] his brother's wife, for she is not under any obligation at all to him.

Accordingly, [the following rules apply when] Reuven dies [childless], leaving two wives, one of whom is forbidden as an ervah to [his brother] Shimon, and both are fit to marry [his brother] Levi. [The wives of] this household are under no obligation at all to Shimon, and both are under obligation to Levi. [The following rule applies if] Levi performed yibbum with the woman who was married [to Reuven] but who was not an ervah to Shimon, [Levi] had another wife, and then he died [childless], and both women fell before to Shimon. They are both free of the obligation to perform either chalitzah or yibbum with Shimon. [Levi's yevamah] is forbidden because she was married to the same man as was a woman forbidden [to Shimon] as an ervah, and the other wife is forbidden because she was married to the same man [as the yevamah]. This principle applies whenever a woman is married to the same man as a woman who was the other wife [of a woman forbidden to the yavam] and to any further extension of this principle. As long as a woman is under no obligation [to her yavam], she remains forbidden to him as his brother's wife.

Similarly, the wife of a brother who died before [his younger brother was born is forbidden to him]. She is under no obligation to him, as implied by [Deuteronomy 25:5]: "When brothers dwell together," interpreted to mean: when they live at the same time. She remains forbidden to him forever, and she frees all of her husband's other wives from an obligation to him.

What is implied? Reuven died [childless], leaving a wife who fell before Shimon [his brother]. After Reuven died, whether before Shimon performed yibbum with Reuven's wife or afterwards, Levi [another brother] was born. Reuven's wife remains forbidden to Levi as an ervah forever. Therefore, if Shimon dies [childless], and this woman and another woman [who was married to Shimon] fall before Levi, neither are obligated to perform chalitzah or yibbum.

[Moreover,] if Shimon [merely] gave a ma'amar to his yevamah, Reuven's wife, and died before he consummated his relationship with her, Levi should perform chalitzah with [Shimon's] other wife, but not yibbum. [The rationale is] that a ma'amar does not establish a completely binding relationship with a yevamah, as we have explained.

When a woman willingly commits adultery while married to her husband, and [her act is observed by] witnesses [he is required to divorce her]. If he died [childless] before he divorced her, and she fell before a yavam, she is not obligated to perform chalitzah or yibbum. Moreover, [her deceased husband's] other wives are also [not obligated to perform chalitzah or yibbum], as if she were forbidden to the yavam as an ervah. For just as impurity is mentioned with regard to the arayot, so too, that term is mentioned with regard to such a woman, as [Numbers 5:13] states: "And she became impure." When, however, the husband of a sotah dies [childless] before he has caused her to her drink the bitter waters, or if the woman must be divorced instead of drinking the bitter waters, she should perform chalitzah, but not yibbum. Similarly, if [her deceased husband] had another wife, that woman is permitted [to the yavam] and may perform chalitzah or yibbum.

Similar rules [apply] if two yevamot come from one household and one of them was a sh'niyah to the yavam, [forbidden to him because of] a negative commandment or a positive commandment, or an aylonit - another wife of [her deceased husband] is permitted [to the yavam] and may perform chalitzah or yibbum. [Different rules apply, however, when a yavam] performed chalitzah with his yevamah, and then the sister, the mother, or another [close relative] of the woman with whom he performed chalitzah married another one of his brothers, that brother has another wife, and [the brother] dies [childless]. Just as the close relative of the woman with whom he performed chalitzah is forbidden to him, so too, is the other wife forbidden to him. Their status is like sh'niyot, and they should perform chalitzah, but not yibbum. Why did the Sages forbid [marriage] to a close relative of a woman with whom one performed chalitzah? Because it is difficult to distinguish her from a woman married to the same man as a woman with whom one performed chalitzah.

When two yevamot come from one household and one of them was forbidden to the yavam as an ervah, but she was also an aylonit, the other wife of [the deceased husband] is permitted [to the yavam] and may perform chalitzah or yibbum. [The rationale is that] since the laws of yibbum and chalitzah do not apply with regard to an aylonit, it is as if she did not exist, and the obligation [of yibbum] falls on the other wife alone. Similarly, if [the deceased] brother divorced the woman forbidden as an ervah or she dissolved their marriage through] mi'un before he died, or she died during the lifetime of the deceased brother, and then he died, his other wife is permitted and should perform either chalitzah or yibbum. We do not say that since she was married to the same man as an ervah once, she remains forbidden forever. For a woman married to the same man as an ervah does not become forbidden [to the yavam] unless they were [both married to the same man at the time of his death, when] the obligation of yibbum takes effect.

[In the situation mentioned in Halachah 14,] if there was a doubt regarding the status of the kiddushin of [the woman] who was forbidden to the yavam as an ervah or there was a doubt that she was divorced, the other wife [of the deceased brother] should perform chalitzah, but not yibbum. [The same ruling applies if the woman who was forbidden] was a minor who is fit to absolve her marriage through mi'un, if she did not dissolve her marriage [to the deceased] brother during his lifetime, even though she did dissolve her obligation to] the yavam through mi'un, another woman married to her husband must perform chalitzah; she may not perform yibbum.

[In the situation mentioned in Halachah 14,] if the other woman [married to the deceased brother] married another man, and then it was discovered that [the woman forbidden to the yavam as] an ervah was an aylonit, the woman who married must be released by both her [second] husband and her yavam. Her [second] husband must divorce her with a get, while her yavam must perform chalitzah with her. [In this way,] she is permitted to marry another man.

[In the above situation], if the yavam performed yibbum with the other wife of the deceased, because he thought that the woman forbidden to him as an ervah was an aylonit, and it was discovered that she was not an aylonit, the yavam must divorce [the woman with whom he performed yibbum] with a get. Any child [she bears him] is illegitimate.

[In the following situation, chalitzah and not yibbum is required.] There were three brothers. Two were married to two sisters, and one was married to a woman who did not share a family connection. If the brother married to the woman who was not related died [childless], and then one of the brothers married to one of the sisters died [childless], [the remaining brother] should perform chalitzah but not yibbum, with the woman who did not share a family connection. [The rationale is that] she was obligated to the second brother, and his other wife was the sister [of the surviving yavam's] wife. Moreover, even if one of the brothers who married one of the sisters divorced his wife after the brother married to the woman who was not related died [childless], and then he himself dies [childless], [the remaining brother] should perform chalitzah, but not yibbum, with the woman who did not share a family connection. Since there was even one moment when this woman was obligated to the second brother while his other wife was the sister [of the surviving yavam's] wife [this prohibition was enforced]. For if [he] were [allowed to] perform yibbum with her, it is possible that [in such a situation, a brother] might perform yibbum with such a woman even when the second brother who died did not divorce his wife.

Why was this decree not applied when a marriage was involved? For example, if [a brother is married to two women,] one of them is forbidden [to his brother] as an ervah and one is not. If he divorces the wife who is forbidden and then dies childless, [the surviving brother] may perform yibbum with the wife [of the deceased brother], as we have explained. [The distinction is that] the prohibition against [performing yibbum] with a wife [of one's deceased brother] when one of his wives is forbidden [to the yavam] as ervah is known by all. Thus, if [the deceased brother] did not divorce the woman forbidden [to the yavam], no one would allow him [to perform yibbum with his brother's] other wife. The prohibition against [performing yibbum with] a woman who was obligated to [a man whose] other wife is forbidden [to the yavam] is not known to all, and it is possible that [in such a situation, a brother] might be allowed to [perform yibbum with] such a woman even when [the second brother who died] did not divorce the forbidden woman.

[In the following situation, chalitzah and not yibbum is required.] There were three brothers, all married to women who did not share any family connection. One of the brothers died [childless]. Another gave his yevamah a ma'amar, but died [childless] before he consummated his marriage to her. Thus, this woman and the wife of the second brother fell before the third brother. These women should perform chalitzah, but not yibbum, because the woman who was given the ma'amar has two obligations for yibbum incumbent on her. As such, it is as if she had been married to two men. Our Sages interpreted the phrase [Deuteronomy 25:5] "the wife of the deceased," as a restriction. [One may perform yibbum with the wife of one deceased man,] but not [the wife of] two deceased men. Therefore, whenever a woman has two obligations for yibbum incumbent on her, she should perform chalitzah, but not yibbum. The same applies to the woman married to [the second brother who died]. The prohibition [against performing yibbum with these women] is Rabbinic in origin.

Why does [the yavam] not merely perform chalitzah with the woman who was given the ma'amar and is thus obligated to perform yibbum because of two men, and then perform yibbum with the [first] wife of [the deceased brother]? This is a decree instituted so that people will not say that when there are two yevamot coming from one household, one should perform chalitzah and the other yibbum. For this reason, [the Sages] forbade [performing yibbum with the deceased's first] wife.

[In the above instance, if the second brother] gave his yevamah a ma'amar and then gave her a get [to nullify] the ma'amar, [different rules apply] if he dies. [The woman] becomes permitted [to the third brother], for the ma'amar that caused her to be forbidden was nullified. He may perform either chalitzah or yibbum with her.

[In the following situation, chalitzah and not yibbum is required. A yavam] who is below the age of majority, [but more than] nine years and one day old, enters into relations with his yevamah and dies before he attains majority. She then becomes obligated for yibbum to the minor's older brother for a second time. She should perform chalitzah, but not yibbum. As we have explained, relations in which a minor engages are considered equivalent to a ma'amar given by [a brother] past majority. Hence, the woman has two obligations for yibbum incumbent on her.

[The following rule applies when] a woman who was half [a Canaanite] maid-servant and half a freed woman was consecrated by Reuven. She was then given her freedom and was consecrated by [Reuven's brother,] Shimon. Afterwards, both [brothers] died. Levi, [a third brother, may] perform yibbum with [this woman]; she is not considered to be "the wife of two deceased men." For if her consecration by Reuven is effective, her consecration by Shimon is of no consequence. And if her consecration by Shimon is effective, her consecration by Reuven is of no consequence.

When two brothers were married to two sisters, [the brothers] both died, and it is impossible to know who died first, [a third brother who remains alive] may not perform yibbum with both of them. Since they are both obligated to him, they both must perform chalitzah and not yibbum. [The above ruling applies even] when one [of the yevamot] was forbidden to the yavam as a sh'niyah, or because of a positive commandment or a negative commandment. If, however, one [of the yevamot] was forbidden to the yavam as an ervah - e.g., she was his wife's mother or daughter - the sister is permitted [to the yavam]; he may perform either yibbum or chalitzah, as he desires. For both of the sisters were not obligated to him, since an ervah is not bound by this obligation.

When in the above situation there were four brothers,] and one [of the yevamot] was forbidden to one of the yevamim as an ervah, and the other yevamah was forbidden to the other yavam as an ervah, [the yevamah] who is forbidden to one [yavam] is permitted to his brother, and [the yevamah] who is forbidden to the other [yavam] is permitted to his brother. For [in both instances] only [the yevamah] who is permitted to him is obligated [to each brother]. [Each one] may perform either yibbum or chalitzah with [the yevamah] permitted to him, as he desires.

[In the above situation,] if one of the brothers died [and his identity was known], and his wife became obligated to perform yibbum, and then the other brother died, his wife - the sister of the first wife - became obligated to perform yibbum; [as long as] both remain alive, they both must perform chalitzah and not yibbum, as we have explained.

If [the wife of] the second [brother] dies, the [wife of the] first becomes permitted again. She may perform either chalitzah or yibbum. If [the wife of] the first [brother] dies, the [wife of the] second remains forbidden. She must perform chalitzah and may not perform yibbum. [The rationale is that she was not fit to perform yibbum at the time she came before [her yavam]. Similarly, if one of the brothers performed chalitzah with the [wife of the] second [brother] first, the [wife of the] first becomes permitted to the other brothers. For the obligation that caused her to become forbidden was removed by his brother by performing chalitzah.

Similarly, if [the wife of] the first [brother] was forbidden to one of the brothers as an ervah, and he performed yibbum with [the wife of] the second [brother] who was permitted to him, the [wife of the] first becomes permitted to the other brothers. For the woman who caused her to be forbidden to them performed yibbum with a brother to whom she was permitted. If, however, [the wife of] the second [brother] was forbidden to one of the brothers as an ervah, he should perform yibbum with [the wife of] the first [brother], but the other brothers are forbidden to perform yibbum with both of them. They must perform chalitzah instead, as we have explained. If [in the situation mentioned in the final clause of Halachah 3] each one of the brothers marries one of the sisters [without asking Rabbinical guidance first], they must be forced to separate.

[Our Sages delivered these rulings in the following situation:] There were three brothers. Two were married to two sisters. One of the brothers married to the sisters died [childless]. The third [brother] gave a ma'amar to his yevamah, and then the husband of the second sister died, and the second sister also became obligated to the third brother. The third brother should divorce with a get [the sister] to whom he gave a ma'amar, and perform chalitzah with her. And he should perform chalitzah with the other sister, to enable her to marry another man.

[In the above situation,] if the brother who gave the ma'amar [to the first brother's wife] died [childless], and he had another wife, both she and [the wife of the first brother] fall before [the brother] married to the sister of [the wife of the first brother]. The woman who was given the ma'amar is free from the obligations of chalitzah and yibbum, for she is the sister of [her yavam's] wife. The other woman should perform chalitzah and not yibbum, because the ma'amar does not fully acquire a woman [as a wife] to the extent that another wife would be freed of the obligations [of yibbum].

When a brother consecrates the sister of his yevamah, we tell him: "Wait; do not divorce her and do not marry her until your brother performs yibbum or chalitzah with the woman who is under obligation." If his brother performs yibbum or chalitzah with the yevamah, or if she dies, the brother may marry the woman he has consecrated. If all his brothers die, he must divorce with a get the woman he has consecrated, and perform chalitzah with his yevamah. If the woman he has consecrated died, regardless of whether she died before the brothers died or after the brothers died, the yevamah becomes permitted. He may perform either yibbum or chalitzah.

[The above laws become even more complicated if the brothers have more than one wife. For example,] there were three brothers. Two were married to two sisters, and each also had another wife. [The brothers] married to the sisters died [childless], and the sisters and the other wives fell before the yavam. If he performs chalitzah with the other wives, the sisters are also freed of their obligation. If, however, he performs chalitzah with the sisters, the other wives are not freed of their obligations until they themselves perform chalitzah. [The rationale is that] the chalitzah performed by the sisters is not "superior," and, as we have explained, a chalitzah that is not "superior" does not free another wife [of the deceased] from her obligation.

It appears to me that this law also applies with regard to two yevamot coming from one household, when one is forbidden to her yavam as a sh'niyah, or because of a positive or negative prohibition. If the yavam performs chalitzah with the woman who is prohibited, [the deceased's] other wife is not freed of her obligation. If he performs chalitzah with the other wife, the woman who is prohibited is freed of her obligation.

[There is no need for yibbum or chalitzah in the following situation:] There were three brothers. Two were married to two sisters, and the third was married to a woman who did not share a family connection with them. One of the brothers married to the sisters died [childless] and the brother married to the other woman performed yibbum with [the brother's] wife. Afterwards, the wife of the second brother, [i.e., the sister of the yevamah] died, and then the third brother [the one who performed yibbum, died childless]. Thus, his two wives fall before the second brother, who is [now] unmarried. These women are free of the obligation to perform either chalitzah or yibbum. One, the sister of [the yavam's deceased] wife [is forbidden], because she was the sister of his wife at the time his brother died. [At that time,] she became forbidden to him forever, as the wife of a brother who was not alive at the time of his [older] brother's [death]. The other woman [is forbidden], because she is the other wife [of her deceased husband].

Similarly, when two brothers are married to two sisters and one of [the brothers] dies [childless], and then the wife of the other brother dies, [the wife of the first brother] remains forbidden [to the second brother] forever, since she was forbidden to him at the time [the obligation of yibbum first takes effect]. When, however, a man divorces his wife, remarries her and then dies [childless], she is permitted to the yavam. Although she was forbidden to him during his brother's lifetime at the time he divorced her, she became permitted [when he remarried her]. And at the time his brother died, she was permitted.

[The following rules apply when] a girl below the age of majority was given in marriage by her father, and her husband divorced her, remarried her and then died [childless] while she was still below the age of majority. She is forbidden to her yavam, for the divorce was a fully binding divorce, since she was married off by her father. The remarriage, by contrast, is not fully binding, because the consecration of a minor is not a completely binding consecration, as explained.

The same law applies when a man divorces a woman who is mentally competent, she becomes a deaf-mute, he remarries her and dies [childless] while she is a deaf-mute. She is forbidden to the yavam and should not perform either chalitzah or yibbum. Another woman married [to the deceased husband of] the minor or the deaf-mute may perform chalitzah, or yibbum. If [the deceased] remarried her while she was a minor or a deaf-mute, but she attained majority or regained her control of her faculties while married to him, and then he died [childless], she is permitted to her yavam.

When two brothers were married to two sisters, who were both below the age of majority and fit to dissolve their marriages through mi'un, or they were deaf-mutes, and one [of the brothers] dies [childless], his wife is not obligated to perform either chalitzah or yibbum, because she is the sister [of the yavam's] wife. If one [of the sisters] was above the age of majority and one was below, and the husband of the younger one died [childless], his wife is not obligated to perform either chalitzah or yibbum, because she is the sister [of the yavam's] wife. If the husband of the older [sister] died [childless], we instruct the younger one to absolve [her marriage to] her husband through mi'un, allowing the older [sister] to perform yibbum.

[The following law applies when two brothers who are both deaf-mutes are married to two sisters, and one [of the brothers] dies [childless]. His wife is not obligated to perform either chalitzah or yibbum, because she is the sister [of the yavam's] wife. [This law applies] regardless of whether both of the sisters were deaf-mutes, both were mentally competent, or one was a deaf-mute and one was mentally competent. Similarly, [the same law applies when] two sisters are both deaf-mutes and are married to two brothers, regardless of whether both of the brothers were deaf-mutes, both were mentally competent, or one was a deaf-mute and one was mentally competent. [These rulings were given] because none of the marriages is fully binding.

[The following law applies when two brothers - one mentally competent and one a deaf-mute - are married to two sisters, either both mentally competent or one mentally competent and one a deaf-mute, and the mentally competent [sister] is married to the mentally competent [brother]. If the deaf-mute [brother] dies [childless], his wife is not obligated to perform either chalitzah or yibbum, because she is the sister [of the yavam's] wife. If the mentally competent [brother] dies [childless], the deaf-mute should divorce his wife with a get, because her sister is obligated to him. [The rationale for this ruling is] that the marriage of the deceased mentally competent brother was fully binding, [and thus] the obligation to the deaf-mute is also fully binding. [In contrast,] the marriage of the deaf-mute is not fully binding. The wife of the mentally competent brother is forbidden [to marry again] forever. For the deaf-mute cannot marry her because of her sister, nor can he perform chalitzah, because he is a deaf-mute.

Why did our Sages decree that a deaf-mute man must divorce his deaf-mute wife [in the above situation]? They are not obligated to observe the mitzvot; their situation resembles that of a child who eats non-kosher meat - in which instance, the court is not obligated to prevent them. Our Sages said: If the [deaf-mute's] wife will remain married to him, her sister will marry another man, [and this will be excused, for people] will say: "She was freed [from the obligations of yibbum and chalitzah] because she was the sister of [the yavam's] wife." [To prevent this impression from arising,] the deaf-mute must divorce his wife with a get, and her sister will be forbidden [to him] forever.

Similarly, when two brothers who are mentally competent are married to two sisters, one mentally competent and one a deaf-mute, and the husband of the deaf-mute dies, [his wife] is free [of the obligation of yibbum], because she is the sister of [the yavam's] wife. If the husband of the mentally competent [sister] dies, [his brother] should divorce his wife [the deaf-mute] with a get, and should perform chalitzah to free the wife of his [deceased] brother [to marry]. Since he is mentally competent, he can perform chalitzah.

[Neither yibbum nor chalitzah is required in the following situation.] There were two brothers, one mentally competent and one a deaf-mute. The deaf-mute was married to two mentally competent women, one of whom was forbidden to the mentally competent brother as an ervah. If the deaf-mute brother dies [childless], both his wives are free from the obligations [of yibbum and chalitzah, based on the following rationale]. If the marriage of the woman forbidden [to the yavam] as an ervah is considered a marriage, the second woman is considered to be the other wife [of her husband] and is also freed of obligation. If the marriage of the woman forbidden [to the yavam] as an ervah is not considered a marriage, the marriage of the other woman is also not considered a marriage.

If a man's daughter or the like was a deaf-mute, and she was married to his brother who was mentally competent [and the mentally competent brother dies childless], his other wife must perform chalitzah, but not yibbum. [The rationale is that] the marriage of the deaf-mute is not a fully binding marriage.

Whenever we have mentioned "two sisters" in these laws, the intent is also a woman and her daughter, or her granddaughter and the like; i.e., two woman [for whom marriage to one causes] the other to be considered an ervah. Similarly, whenever we have mentioned "the sister of [the yavam's] wife" or "the sister of his yevamah," the intent is also her mother or her daughter - i.e., any close relative who becomes forbidden [to the yavam] because of her [marriage].

[The following rules apply when a man] consecrates one of two sisters, but does not know which one he has consecrated and then dies [childless]. If he has one brother, [the brother] should perform chalitzah with both of them to enable them to marry other men. If he has two brothers, one of them should first perform chalitzah with one of [the sisters], and the other should perform yibbum with the other one [because of the following rationale]: If this was the woman consecrated by his brother, he performed yibbum with her. If she is not his brother's wife, he has married a woman [permitted to him] like any other woman, and chalitzah has already been performed for her sister, his brother's wife. One should not perform yibbum with one of the women first, for perhaps the other was in fact his brother's wife, and he will have married a relative of the woman who is obligated [to perform yibbum with] him. If, without asking Rabbinic advice, each of the brothers married one of the sisters, they are not forced to dissolve the marriage.

[The following rule applies when] two [men who are not related,] each having one brother, consecrate two sisters, neither of the men knows which [sister] he consecrated, and they both die [childless]. Each [brother] should perform chalitzah with each of the sisters. [In the above situation, if] one of the deceased has one brother, and the other has two brothers, the one brother should perform chalitzah with both women first, and then one of the two brothers should perform chalitzah [with one woman] first, and the second one [should perform yibbum with the other]. If, [without asking Rabbinic advice, each of the brothers] married [one of the sisters], they are not forced to dissolve the marriage. [The above applies] even if the brothers were priests. [Although] there is a Rabbinic prohibition against a priest marrying a woman who performed chalitzah, the chalitzah performed by this woman was performed because of doubt, and [our Sages] did not enforce a decree with regard to a chalitzah performed because of doubt.

In the above instance,] if both of the deceased had two brothers, one of one pair of brothers should perform chalitzah with one of the sisters, and one of the other pair of brothers should perform chalitzah with the other sister. Afterwards, the other brother from the first pair should perform yibbum with the sister with whom the brother from the other pair performed chalitzah, and the other brother from the second pair should perform yibbum with the sister with whom the brother from the first pair performed chalitzah. If both [brothers from one pair each] performed chalitzah with [one of the sisters] first, the brothers from the other pair should not both perform yibbum. Instead, one should perform chalitzah [with one of the sisters] first, and then his brother should perform yibbum with the other. If, without asking Rabbinic advice, each of the brothers married one of the sisters, they are not forced to dissolve the marriage.

[The following situation gives rise to several halachic questions:] A woman had sons, and one of her daughters-in-law also had sons. Both the woman and her daughter-in-law became pregnant and they gave birth in the same hiding place. [There was a disturbance] and the identity of the two children became confused [and it was not known who was the son of the mother, and who, the son of the daughter-in-law]. The two sons grew up and married and then died [childless]. How are their wives freed to marry others? First, [one of] the sons of the daughter-in-law should perform chalitzah with [both women]; he should not perform yibbum. [The rationale is that] there is a doubt regarding the identity of each of the women. It is possible that she is the wife of his brother and thus permitted to him, but it is also possible that she is the wife of his father's brother and thus forbidden to him as an ervah. Afterwards,] the sons of the elder woman may perform either chalitzah or yibbum. [With regard to each of the women, the same question applies:] If she is his brother's wife, he is performing yibbum. And if she is the wife of his brother's son, she is permitted to marry him, because she has already performed chalitzah.

[In the above situation, the following procedure should be carried out if] the sons of the elder woman and her daughter-in-law whose identities had been established died [childless], and the two sons whose identities were confused were alive. The sons whose identities were confused should perform chalitzah with the wives of the elder woman's sons; they may not perform yibbum. [The rationale is that] there is a doubt whether [each woman] is the wife of his father's brother and thus forbidden to him as an ervah, or the wife of his brother and thus permitted to her yavam. With regard to the wives of the sons of the daughter-in-law: First, one should perform chalitzah and the other should perform yibbum. The rationale is that if the son of the daughter-in-law was the one who performed chalitzah first, he performed chalitzah with his brother's wife. The second one of those whose identities were confused was the son of the elder woman. He is permitted to marry the wife of his brother's son after her yavam performed chalitzah with her. If it was the son of the elder woman who performed chalitzah first, he performed chalitzah with the wife of his brother's son, and his deed is of no consequence. The second one of those whose identities were confused was the son of the daughter-in-law, and he performed yibbum with his brother's wife.

[The following rules apply with regard to] a woman who did not wait three months after the death of her husband [before] remarrying]. She remarried and gave birth, and it is not known whether the child she bore was fathered by the first husband and was born after a full term pregnancy, or whether it was fathered by the second husband and was born after a seven-month pregnancy. If the woman bore other children to both her first and second husbands, and then this son whose [father's identity] is in doubt dies [childless], both the sons of the first husband and the sons of the second husband should perform chalitzah with [the deceased's] wife, but they should not perform yibbum. [The rationale is that the obligation for] each of them to perform yibbum is doubtful, for perhaps he is not the paternal brother [of the deceased]. And he is definitely a maternal brother [of the deceased], and the wife of a maternal brother is always forbidden as an ervah. For this same [reason], the son whose [father's identity] is in doubt should perform chalitzah with any of the wives of [his other brothers], but should not perform yibbum.

If both this woman's first and second husbands had fathered another son with another wife, and one of these other sons died [childless], the son whose [father's identity] is in doubt may perform either chalitzah or yibbum with the wife of the deceased. [The rationale is] that if [the deceased] was his paternal brother, then he has performed yibbum. And if he was not his paternal brother, then they have no family connection at all, and he is permitted to marry [the deceased's] wife.

[In the above situation,] if the son whose [father's identity] is in doubt dies [childless], one of the two sons whose [father's identity] is known should first perform chalitzah with his wife, and afterwards the second should perform yibbum. [The rationale is that if the deceased] was his brother, then he has performed yibbum. And if he is not his brother, but rather the son of the other father, his wife has already performed chalitzah with her husband's brother [and is permitted to remarry].

[The following rules apply when] a woman's husband traveled to another country, his wife heard that he died and [on this basis] married another man, and then her first husband returned. If both husbands die [childless], and they both have brothers, one of each husband's brothers should perform chalitzah, but not yibbum.

[The following rules apply when there were] five women who each had a son whose identity had been established, and then the five women all gave birth together in a hiding place to five other sons, and the identities of the second group of sons became confused to the extent that it was not known who gave birth to whom. The sons whose identity became confused matured and married, and then these five men died [childless] and their five wives fell before the wives of the sons whose identity was known, but none of these sons knows who is the wife of his brother. What must be done [so that these women can remarry]? Four [of the sons whose identity was known] perform chalitzah for one of the wives first, and the fifth son should marry her after she has performed chalitzah four times.

What is implied? If the woman was his brother's wife, he has performed yibbum. And if she is not his brother's wife, she is the wife of the brother of one of the other four, and they all performed chalitzah with her first. Similarly, the second woman should have four [of the sons whose identity was known] - including the one who married the first [of the widows] - perform chalitzah with her, and the fifth one should marry her. [This process should be continued] until the five sons have married the five [widows] after each one performed chalitzah four times earlier.

When dealing with questionable situations of this nature, one should always have these principles at hand: When there is a doubt whether a woman is required to perform chalitzah with a particular man or not, she is not permitted to marry another man until that [first] man performs chalitzah with her. Whenever there is a doubt whether a woman is forbidden to engage in relations with a man - whether because of a Scriptural prohibition or a Rabbinic prohibition - she should not perform yibbum with him. Whenever a woman has performed a "superior chalitzah" or "acceptable relations," another woman who was married to the same husband is permitted to marry another man.

Following the above patterns, you will be able to understand and rule with regard to any questionable situations that will arise with regard to yibbum and chalitzah. For we have explained all the fundamental principles on which one should rely. You will know who should perform chalitzah, who should perform yibbum, who is not obligated to perform chalitzah or yibbum and who is fit to perform yibbum. With G-d's help, this concludes "The Laws of Yibbum and Chalitzah."