Tuesday, November 25, 2014

Yevamot 52 – Get, Yibum, Chalitzah

What are the possible permutations of marriages and divorces and yibum and chalitzah? If one declared the intent to marry his deceased brother's wife but then changed his mind and gave her a Get (divorce document), the Get alone is not enough. The Torah law dictates either a yibum or a chalitzah in this case. Therefore,  he needs to also give her a chalitzah.

If one stated that he would marry the widow (this is called "maamar" and looks like an engagement) and then cohabited with her – this is the proper way of doing the mitzvah of yibum. Now, that's obvious, isn't it? You might think that since this procedure looks completely like marriage, people may think it is actually a traditional marriage and not a yibum. Therefore, we need to be told that this is the proper order and that people will understand. Note that in practice today, yibum is never done, but rather one performs the chalitzah.

Moreover, one who did not follow the laws of propriety was subject to lashes given by the court. For example, Rav used to order lashes to one who cohabited with his deceased brother's wife without first declaring marriage intent. He also prescribed lashes for one who betroths a woman by cohabitation. Even though cohabitation is the only form of engagement mentioned in the Torah, the Sages decreed additional, preferred forms: money (ring) or a document. Some say Rav only gave lashes in this last case because it is licentious behavior.

Art: The Marriage Contract by Jan Jozef, the Younger Horemans

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