REVACH L'DAF
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SUMMARY
A BIT MORE
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BRIEF INSIGHT
MI'UN OR CHALITZAH IN FRONT OF A BEIS DIN
The Mishnah says that if a woman does Mi'un or Chalitzah in front of a Beis Din, a member of the Beis Din may marry her. The reason is that since it was done by the three members of the Beis Din, there is no concern of ulterior motives. The Aruch la'Ner asks, what concern of ulterior motives could there possibly be regarding Chalitzah or Yibum? What could the Chacham have done to promote her to do Chalitzah or Yibum? Regarding a Chacham who refused to release the woman of her vow, it is understandable that there is a concern that his refusal stemmed from his desire to marry her, but that does not apply in this case. The Aruch la'Ner answers that the Gemara says later that the Beis Din gives advice to the Yavam about whether to do Chalitzah or Yibum, and it also says that under certain circumstances they advise a girl to do Mi'un. Therefore, there indeed is concern that he advised her to do Chalitzah or Mi'un because he wanted to marry her.
QUICK HALACHAH
A CHACHAM WHO DID NOT RELEASE A VOW
A woman vowed not to benefit from her husband. The husband did not discharge her from her vow, and she went to a Chacham to be released from her vow. The Chacham did not find sufficient grounds to release her from her vow. That Chacham may not marry her, because people may say that he did not release her from her vow because he wanted to marry her. If he does marry her, however, he does not have to divorce her.
The prohibition of the Chacham to marry her is only if he was acting alone. However, if he was part of a Beis Din, there are no grounds for suspicion and he may marry her. For that reason, if a woman does Mi'un or Chalitzah in front of a Beis Din, a member of the Beis Din may marry her. (Shulchan Aruch EH 12:1)
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