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YEVAMOS 24

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12th CYCLE DEDICATIONS
 
YEVAMOS 24 (10 Sivan) - dedicated by Mrs. Rita Grunberger of Queens, N.Y., in loving memory of her husband, Reb Yitzchok Yakov (Irving) ben Eliyahu Grunberger. Irving Grunberger helped many people quietly in an unassuming manner and is dearly missed by all who knew him. His Yahrzeit is 10 Sivan.

SUMMARY

The prohibition of a Kohen marrying a Chalutzah is mid'Rabanan. Therefore, if a Kohen marries a Safek Chalitzah he does not have to divorce her. (1)
 
It is a Mitzvah l'Chatchilah for the older brother to do the Yibum, but if the younger one does the Yibum it is valid.
 
The Mitzvah of Yibum does not apply to an Ailonis (a woman who cannot have children).
 
The Yavam inherits the property of the deceased brother.
 
If the Yavam is a Saris (a man who cannot have children), the Mitzvah of Yibum does not apply to him.
 
There is no need for a Yavam to name the child born after the deceased brother. (2)
 
Even though the verse says that the Bechor shall do Yibum, the verse is not referring literally to the Bechor. Instead, it is referring to the oldest surviving brother. (3)
 
It is a Mitzvah for the oldest brother to do Yibum. If he declines, the younger brother is given a chance. If the younger brother also declines, the Mitzvah reverts back to the older brother.
 
When a Yavam inherits his deceased brother, he receives only the property that is in his possession at the time of Yibum. He does not inherit property that is owed to his brother and has not yet been collected.
 
If there are rumors about a man's inappropriate relationship with a Nochri woman or maidservant, he may not marry that woman after she becomes a Ger. (4)
 
Rebbi Nechemyah: A person who becomes a Ger for the purpose of matrimony or other ulterior motives is not a valid Ger. Rav: The Halachah is that such a person is a valid Ger.
 
No Gerim were accepted in the times of David and Shlomo, nor will they be accepted in the times of Mashi'ach.
 
If two witnesses testify that a man had a relationship with a married woman, she is prohibited to her husband. She is also prohibited to the adulterer. If she did marry the adulterer, she may not marry married to him even b'Di'eved, even if she has children from her first husband.
 
If there are rumors about a man's inappropriate relationship with a married woman, that man may not marry the woman after her husband divorces her, but b'Di'eved if he does marry her he is not obligated to divorce her if she has children from her first husband. (5)

A BIT MORE

1. Even though the Gemara derives the prohibition of a Kohen marrying a Chalutzah from a verse, it is only an Asmachta.
 
2. Even though the verse implies that the child must be name after his deceased uncle, the Gezeirah Shavah teaches that the verse is not to be taken literally. Instead, it is teaching that the Yavam inherits the property of the deceased brother.
 
3. The verse cannot be referring literally to the Bechor, because if only a Bechor may do Yibum there is no need for the verse that teaches that a brother born after the death of his brother may not do Yibum.
 
4. The reason is that if he marries her, his marriage will confirm the rumors in people's minds. However, if he does marry her, he does not have to divorce her.
 
5. We do not make him divorce her, because we do not want people to think that the children from the first husband are Mamzerim. However, if she does not have children from the first husband, he must divorce her.

BRIEF INSIGHT

THE MARRIAGE OF A KOHEN TO A SAFEK CHALUTZAH
 
The prohibition of a Kohen marrying a Chalutzah is mid'Rabanan. Therefore, if a Kohen marries a Safek Chalutzah he does not have to divorce her. The Tosfos Chad mi'Kamai says that only if the Kohen already married the Safek Chalutzah is he allowed to remain married to her, but l'Chatchilah he may not marry a Safek Chalutzah. According to some opinions, only in this case is the Kohen allowed to remain married to the Safek Chalitzah, because one of the two sisters is definitely not a Chalutzah. However, in other cases of a Safek Chalutzah, even b'Di'eved the Kohen may not remain married to her and he must divorce her.

QUICK HALACHAH

THE PROHIBITION OF A CHALUTZAH AND A GERUSHAH TO A KOHEN
 
A Kohen is prohibited by the Torah from marrying a divorced woman, a Zonah, or a Chalalah. A Chalutzah is prohibited only mid'Rabanan. Therefore, if a Kohen marries a Safek Chalutzah, he does not have to divorce her. However, regarding a divorced woman, even if it is only a Safek that she was divorced, the Kohen may not remain married to her. (Shulchan Aruch EH 6:1)
 
A Safek Zonah or Chalalah is also forbidden, even b'Di'eved. However, a Safek Mamzer is prohibited only mid'Rabanan, and thus she is permitted b'Di'eved. (Beis Shmuel)

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