One who decides to do a yibum – to cohabit with his deceased brother's wife (“yevamah”) – can do it in any of the following ways. Whether done willingly for a mitzvah or by coercion or by mistake, whether he only begins the act or completes it, and whether it is natural or anal intercourse – it makes no difference, and he acquires her as a wife.
How can a man be coerced? Could it be that idolaters forced him? – No, this explanation won't stand: since his member was erect, it must be that he found the situation somewhat desirable and was, therefore, a willing participant. (This rule is called “Erection is a state of mind.”) Can we suggest that he was sleeping? – No, for then he lacks the intelligence to affect the legal acquisition. Can we then suggest he was on a roof with an erection for his wife, fell off the roof, and accidentally inserted it into his yevamah? – That too does not stand: he may be liable for damages, such as pain and medical bills, but he does not create a yibum. Final conclusion: he had an erection for his wife, and then the brother's wife seized him and cohabited with him.
Incidentally, if a man intends to insert his member into a wall and accidentally inserts it in his yevamah, he has not acquired her as a wife since his intention was not for cohabitation; however, if he intended to insert it into an animal, and inserted it into his yevamah, he has acquired her, because an act with an animal is considered a form of cohabitation.
Art: The Sisters by George Baxter
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