REVACH L'DAF
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SUMMARY
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A BIT MORE
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BRIEF INSIGHT
THE NATURE OF THE PROHIBITION OF A CHALUTZAH
Reish Lakish: A Chalutzah is an Ervah to all of the brothers, with the exception of the brother who did the Chalitzah. Rebbi Yochanan: The brother who did the Chalitzah is the agent of all of the brothers, and the Yevamah is the agent of all of the Tzaros. Rashi explains that according to Rebbi Yochanan, the Lav of Lo Yibaneh applies equally to all of the brothers. The implication of Rashi is that there is an Isur Lav for all of the brothers to marry the Chalutzah. Indeed, the Ramban in Sefer ha'Mitzvos states so explicitly. However, the Rambam writes that the Chalutzah is not prohibited by the Torah to the brothers; she is prohibited only mid'Rabanan. The Magid Mishneh explains that although Rebbi Yochanan in the Gemara says explicitly that the Chalutzah is an Isur Lav, the Rambam understands that the verse of Lo Yibaneh is only an Asmachta and there is no Torah prohibition for a Chalutzah, according to Rebbi Yochanan.
QUICK HALACHAH
THE PROHIBITION OF THE CHALUTZAH TO THE BROTHERS
Once one of the brothers performs Chalitzah with the Yevamah, the Chalutzah and the Tzaros are prohibited to that brother and to the other brothers with an Aseh. (Shulchan Aruch EH 162:2)
Tosfos and the Ramban write that the Chalutzah is an Isur Lav derived from an Aseh. The Tur and Shulchan Aruch write that it is an Isur Aseh. Their opinion is perplexing, because it is not clear what Aseh applies to a Chalutzah. (Beis Shmuel)
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