Monday, October 6, 2014

Yevamot 2 – Sister-in-law

In general, a man is prohibited from marrying his sister-in-law, his brother's wife. However, if his brother dies childless, then it is a mitzvah to marry her (and this is called a "yibum") or to formally allow her to go free (and this is called a "chalitzah").

A unique situation arises when a man cannot marry her for a different reason, such as if she is the man's daughter. And, since he cannot marry his daughter and does not even need a chalitzah, the other wives of the deceased brother are also released without a yibum or chalitzah.

Two things require explanation. How can a man's brother be married to his daughter? Should not such a marriage be prohibited? The answer is that there is no prohibition in the Torah to marry one's niece, but one can't marry his aunt. What about the other wives (co-wives)? How is that allowed? The answer here is that a man is permitted many wives by Torah law. The Talmud lists fifteen close relatives of a man he cannot marry and who are thus automatically released from chalitzah or yibum, together with their co-wives.

Today, one cannot marry many wives, and yibum is not allowed, but the chalitzah is still required.

Art: The Two Sisters by August Andreas Jerndorff

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