24. Levirate Marriage and Chalitzah - Yibbum ve-Chalitzah
If a man dies childless his oldest brother (on the
father's side) is commanded to marry his wife (even though
ordinarily marrying a brother's wife is incest), as it says
"If brothers live together and one of them dies and has
no child the dead man's wife shall not marry an outsider;
her brother-in-law shall take her for his wife".1
In principle the brother need not betroth her since she is
automatically his, but the sages instituted betrothal in
such cases. Once he has married her she is like his wife
in all respects.a
If they do not want to marry they must perform the
ceremony of chalitzah, as it says "And if the man does not
want to take his sister-in-law she shall go up to the
elders... and pull his shoe off his foot (chalitzah)... and
say `Thus shall be done to the man who will not build
his brother's house'".2 Afterwards she is like his divorced
wife.b Until they marry or perform chalitzah she is
forbidden to marry anyone else, as it says "The dead man's wife
shall not marry an outsider".l,c
Sources: |
| 1. Deut. 25:5; see Lev. 18:16 |
a. 1:1,15; 2:1,6 |
| 2. Deut. 25:7-9 |
b. 1:2,13; 2:10 |
|
c. 2:18 |
