1. It is a positive commandment¹Sefer HaMitzvot (Positive Commandment 216) and Sefer HaChinuch (Mitzvah 598) include this mitzvah as one of the 613 mitzvot of the Torah.

In his Guide for the Perplexed, the Rambam explains that marriage of this nature was a custom carried out before the giving of the Torah (as reflected by Genesis 38:8 , and the Torah allowed this rite to be perpetuated. Sefer HaChinuch explains that the closeness shared with the deceased by both his widow and his brother enjoins them to come together and produce a child who will perpetuate the deceased's memory and virtue. As Sefer HaChinuch mentions, there are also profound mystic concepts associated with this mitzvah. of Scriptural law for a man to marry the widow of his paternal²Implied is an exclusion. One should not perform this rite with the widow of one's maternal brother (Yevamot 17b; Halachah 7 below). brother if he died without leaving children, as [Deuteronomy 25:5] states: "[And one of them dies] childless,... her husband's brother should cohabit with her." [This applies to a widow] from nisu'in, or from erusin.

[The childless widow is referred to as a yevamah; the rite through which they marry, yibbum.]

Scriptural law does not require a man to consecrate his yevamah, for she is his wife that heaven acquired for him. [All that is necessary] is that he cohabit with her. Her deceased husband's estate is responsible for her marriage contract.³See Hilchot Ishut 22:10-14.

2. If the yavam does not want to perform the rite of yibbum, or if the woman does not consent,⁴According to the Rambam's conception, the woman cannot be compelled to marry her brother-in-law against her will. See Chapter 2, Halachah 10 and notes. he should [free her from this obligation through the rite of] chalitzah. [Only] afterwards is she permitted to marry another man.

It is a positive commandment⁵Sefer HaMitzvot (Positive Commandment 217) and Sefer HaChinuch (Mitzvah 599) include this mitzvah as one of the 613 mitzvot of the Torah. of Scriptural law for [a brother] to perform chalitzah for [the deceased's widow], if he does not want to perform the rite of yibbum, as [Deuteronomy 25:9] states: "She shall... remove his shoe."⁶The woman also participates - indeed she plays a more active role - in the rite of chalitzah. Nevertheless, the mitzvah is considered to be incumbent on the brother of the deceased, because the effect of this mitzvah is that he foregoes a right - the right to marry the woman - that belongs to him. Until he performs chalitzah, the woman is bonded to him, and through performing chalitzah he severs this connection. Therefore, the mitzvah is considered his.

Moreover, chalitzah is a means to dissolve the connection established by kiddushin. Since kiddushin are established by the man, chalitzah is also his initiative. See the Kovetz who questions whether the man is obligated to perform chalitzah or he merely has the opportunity of doing so.

The mitzvah of yibbum takes precedence over the mitzvah of chalitzah.⁷The concluding mishnah of the first chapter of Bechorot states:

The mitzvah of yibbum takes precedence over the mitzvah of chalitzah. [This applied] originally, when the participants [in the rite] intended to perform a mitzvah. In the present age, when they do not intend to perform a mitzvah, the mitzvah of chalitzah takes precedence over the mitzvah of yibbum.

In his Commentary on the Mishnah, the Rambam explains that the Mishnah follows the opinion of Abba Shaul, who maintains that the prohibition against marrying one's brother's wife is not removed entirely by the mitzvah of yibbum. Instead, it is merely temporarily superseded. And therefore, if the couple have any intentions other than the fulfillment of the mitzvah, they transgress this prohibition. As such, rather than involve oneself in such a challenge, one should perform the mitzvah of chalitzah.

In that commentary, and in a subsequent responsum, the Rambam explains that the halachah follows the opinion of the Sages who differ with Abba Shaul. These Sages maintain that when a man dies childless, the prohibition against his brother's marrying his wife is lifted entirely. Even if the brother marries the widow because of her looks, or because of her money, there is no prohibition involved. For that reason, the mitzvah of yibbum takes precedence.

The Ashkenazic community, following the rulings of Rabbenu Tam and the authorities who succeeded him, do not accept this ruling and follow Abba Shaul's opinion. Accordingly, the Shulchan Aruch (Even HaEzer 165:1) quotes the Rambam's view, while the Ramah states that chalitzah is preferable, and that a couple should not be allowed to perform yibbum unless the court is certain that their intent is solely to perform the mitzvah.

There is some discussion of the Rambam's intent by the commentaries, for his ruling in Hilchot Gerushin 10:16 implies a recognition of the importance of chalitzah. Nevertheless, the clarity of his statements in his Commentary on the Mishnah and in Sefer HaMitzvot makes it obvious that he follows the opinion of the Sages who differ with Abba Shaul. At present, even within the Sephardic community, the mitzvah of chalitzah is generally observed.

[Note also the opinion of the Beit Shmuel 174:3, who states that even according to the Ashkenazic authorities, by Scriptural law yibbum takes precedence, and that the primacy given to chalitzah is a Rabbinic institution.]

3. The Torah's words [Deuteronomy 25:5], "When one of them dies childless" [should not be interpreted narrowly].⁸The Hebrew word בן, translated as "son," can also mean "child" or "descendant." Hence, the ruling mentioned by the Rambam. [When the deceased] has a son, a daughter, a descendant of a son, or a descendant of a daughter, as long as he has left progeny⁹If, however, a man fathered a child [or children], and he [they all] died in the father's lifetime, the man's wife is obligated to perform the rite of yibbum. - whether from the woman [to whom he is presently married] or from another woman, his wife is free from the obligation of chalitzah or yibbum.

Even if he has a descendant who is illegitimate or an idolater, [that descendant] frees [the deceased's] wife from the obligation of chalitzah or yibbum.

4. [The above applies to children born from a Jewish woman.] If, however, [a deceased man] has a child born from a maidservant or a gentile woman, his wife is not free of these obligations. For the offspring of a maidservant are servants. And the offspring of a gentile woman are gentiles, and considered as if they have no connection to him.

[These concepts are derived as follows:] With regard to a maidservant, [Exodus 21:4] states: "The woman and her children will belong to her master," teaching that her offspring have the same status as she.¹⁰Regardless of who the father is. And with regard to a gentile woman, [Deuteronomy 7:4] states: "They will lead your son away from Me" - i.e., prevent him from being considered part of the congregation.

Even when a man's son born from a maidservant is freed, or his son born from a gentile woman converts, he is regarded in the same way as other converts or freed slaves and does not cause [the deceased's] wife to be freed [from the obligation of yibbum]. [Even when a man] fathered a son with a maidservant, freed the son and the mother, and married her - if he dies without fathering any other children, his wife should perform the rite of yibbum with his brother, although the son [whom the deceased] fathered is alive and has been freed.¹¹See Hilchot Gerushin 10:19.

5. [The following rules apply when a man] dies and leaves his wife pregnant: If she miscarries after he dies, his wife [is obligated to] perform the rite of yibbum. If she bore the child, and the fetus emerged into the world alive, the mother is free of the obligation to perform the rite of chalitzah or yibbum. This applies even when the child dies immediately after being born.

According to Rabbinic decree, however, [this does not apply] unless it is known that the child was carried for a full term pregnancy and was born after nine full months had passed.¹²The Ramah (Even HaEzer 156:4) states that these laws apply as long as we know that the pregnancy lasted into the ninth month. If, however, the term of the pregnancy is unknown [the following rules apply]: If the child lives 30 days, the child is considered viable, and he frees his father's wives from the obligation of yibbum or chalitzah.

If the child dies within 30 days [of his birth], even on the thirtieth day, there is a doubt whether the child is viable or non-viable. This applies regardless of [the cause of the infant's death], whether he died as a result of illness, fell from a roof or was eaten by a lion. According to Rabbinic law, [the deceased's wives] must perform the rite of chalitzah;¹³The Ramah (ibid.) rules that even if a fetus is stillborn, these laws still apply. they may not perform the rite of yibbum.¹⁴For according to Scriptural law, there is no obligation for yibbum, and the prohibition against relations with her husband's brother remains in force.

6. Whenever a man has a brother, even if the brother is illegitimate or an idolater, whether he is above the age of majority or below the age of majority,¹⁵In such an instance, the brother may not perform the rites of yibbum or chalitzah until he comes of age, as is explained below. as long as his head and the majority [of his body]¹⁶The Gur Aryeh notes that Hilchot Issurei Bi'ah 10:6 appears to imply that the emergence of an infant's forehead alone is sufficient for it to be considered having been "born." Hence, he interprets the Rambam's words as meaning either the forehead or the majority of the body. emerged into the world before his brother's death,¹⁷If, however, the brother is not born until after the man's death, the deceased's wife is not obligated to perform the rite of yibbum, as explained in Chapter 6, Halachah 16. his existence causes [his brother's wife] to be obligated to perform the rite of yibbum.¹⁸Needless to say, the woman should not marry the illegitimate man or the idolater. Instead, she should seek to be freed from her obligation through chalitzah.

The Shulchan Aruch (Even HaEzer 157:4) and the Ramah mention the possibility of leniency, if the deceased's brother was an apostate at the time the deceased married his wife.

If [the deceased] had a brother who was born to a maidservant or to a gentile woman, he is not considered to be his brother in any [halachic] context. [His existence] does not cause [his brother's wife] to be obligated to perform the rite of yibbum. Even when [the brother] was born as a member of the Jewish people,¹⁹I.e., the maidservant was freed, or the gentile woman was converted, before the baby was born. since his mother was not Jewish when he was conceived, he is not considered to be [the deceased's] brother.

7. Maternal brothers are considered to be brothers only with regard to the laws of mourning²⁰See Hilchot Aveilut 2:1. and the laws of witnesses.²¹See Hilchot Edut 13:1.

With regard to the laws of inheritance,²²See Hilchot Nachalot 1:6. and the laws of yibbum and chalitzah, [maternal brothers] are considered as if they did not exist. For fraternity is derived from the father alone.²³Yevamot 17b derives this concept from Genesis 42:13: "We are twelve brothers, the son of one father."

8. There is no concept of fraternity among converts and freed slaves. [Thus, even two converts or two freed slaves born from the same father] are considered unrelated.²⁴And therefore, one is not obligated to perform the rite of yibbum if his brother dies childless. Even if one of them was conceived before his parents were converted and born after they were converted, and the other was conceived and born after the parents were converted, they are not considered to have any family connection.

Even if they are twins who were born after their parents were converted, they are not considered to be brothers²⁵This ruling applies with regard to the laws of yibbum. With regard to the laws of forbidden relationships, by contrast, in Hilchot Issurei Bi'ah the Rambam rules that if one twin has relations with the other's wife, he is liable for transgressing the prohibition against relations with his brother's wife. unless they were also conceived after their parents converted.

9. When a man who has many wives dies, [a brother who] engages in relations or performes the rite of chalitzah with one of them frees the others from all obligations. [The deceased's brother] may not marry two [of the deceased's wives], as [implied by Deuteronomy 25:9]: "...who did not build his brother's house." [This is interpreted as an exclusion:] he may build one house, but not two houses.²⁶As reflected in Halachah 12, there is a prohibition involved.

Similarly, if [the deceased had many brothers, one of them should perform either the rite of chalitzah or yibbum with one of the widows. This frees the others of all obligations.

10. [The following rules apply if] the widows include some who are fit to marry into the priesthood, and some who are not fit to marry into the priesthood: If [the brother] desires to perform the rite of yibbum, he may choose any of the widows that he desires. If he desires to perform the rite of chalitzah, he should perform this rite with one of the wives who is already forbidden to the priesthood, so that he will not disqualify one of the women who may marry into the priesthood through the rite of chalitzah.²⁷Our Sages forbade a priest from marrying a woman who performed the rite of chalitzah (Hilchot Ishut 1:7). Since it makes no difference to the brother with which widow he performs the rite of chalitzah, our Sages counsel that it be performed in a manner that does not damage a woman's future possibilities. See Yevamot 44a.

A court should enforce the application of this law (Beit Shmuel 161:2).

11. [The following rules apply if] many [of a man's] brothers die and he [becomes obligated to perform the rite of yibbum or chalitzah] to [all] their wives: If it is possible for him to perform the rite of yibbum with all of them,²⁸I.e., if he is capable of meeting the responsibilities a husband has - providing for his wife's livelihood, her clothing and her conjugal rights. he should. If not, he may perform chalitzah with all of them, or perform chalitzah with whomever he desires, or perform yibbum with whomever he desires, [choosing one of the widows] from each [of his deceased brother's] households.

12. When [a yavam] marries a yevamah, all the other widows from that household become forbidden to him and to his other brothers. If he or his other brothers have relations with one of the other widows, they transgress a positive commandment, for [Deuteronomy 25:9] states: "Her yavam will engage in relations with her." [This is interpreted to mean:] With her, and not with another woman from that household. A prohibition stemming from a positive commandment is considered to be a positive commandment.²⁹A person who transgresses a positive commandment is not liable to receive the forty lashes given when a negative commandment of the Torah is violated. Hence, the Rambam clarifies that although a prohibition is involved, it is a prohibition stemming from a positive commandment, and not one stemming from a negative commandment.

Similarly, when [one of the brothers] performs chalitzah with his yevamah, the woman with whom chalitzah was performed and all the other widows from that household become forbidden to [the brother who] performed chalitzah and to the other brothers. They are all forbidden to the brothers by Rabbinic decree,³⁰The Ramban (Nachmonides, Hasagot L'Sefer HaMitzvot, Hosafot Negative Commandment 14) differs and maintains that the violation of a Scriptural prohibition is involved. The difference between their opinions stems from their interpretation of Yevamot 10b.

That passage interprets Deuteronomy 25:9: "... who did not build his brother's house," as implying a prohibition. "Once he did not build it, he no longer has the right to build it." The Ramban follows the authorities who maintain that this is a Scriptural prohibition, while the Rambam (based on Yevamot 40b) maintains that the prohibition is Rabbinic in origin, and the reference to the verse is merely an asmachta, a support. sharing the status of sh'niyot.³¹Literally, "prohibitions of a second degree," relatives with whom relations are permitted by Scriptural law, but forbidden by Rabbinic decree. See Hilchot Ishut 1:6. [This is the only prohibition involved,] for since their brother died childless, the severe prohibition against sexual relations (issur ervah) is removed. Therefore, [if one of the brothers consecrates such a woman,] the consecration is binding, as it would be if he consecrated one of the sh'niyot.

13. When a person performs the rite of chalitzah with his yevamah, not only does she become forbidden to him, but her relatives³²This refers to seven women who are included in the category of arayot and with whom sexual relations are forbidden, as mentioned in Leviticus, Chapter 18, and Hilchot Issurei Bi'ah 2:7,9. They include her mother, both her maternal and paternal grandmothers, her daughter, the daughter of her son, the daughter of her daughter and her sister. - e.g., her mother and her daughter - also become forbidden. Similarly, she is forbidden to marry his son and his brother.³³I.e., even a brother who was not born during the lifetime of the widow's husband. Even the sh'niyot - e.g., her daughter's granddaughter - related to her are forbidden to him, and she is forbidden to his son's grandson. To summarize: Her status is like that of a divorced wife.

Similarly, if his yevamah dies while she is still under obligation to him,³⁴I.e., before she performs either yibbum or chalitzah. he is forbidden to marry these relatives of hers, as if she were his wife and she died in his lifetime.³⁵He is, however, permitted to marry the woman's sister, just as he is allowed to marry his wife's sister after her death. All these prohibitions are of Rabbinic origin.

[If the deceased had two wives, his brother] may marry the sister of the wife with whom he did not perform the rite of chalitzah, or any other of her relatives.³⁶Although the woman herself is forbidden, as stated in the previous halachah, her relatives are permitted.

14. It is forbidden for a man to marry a close relative of a woman with whom he is obligated to perform either yibbum or chalitzah - e.g., her mother or her daughter - until one of his brothers performs yibbum with the woman who is obligated, or performs chalitzah with her to free her of her obligation.³⁷See Chapter 7, Halachah 8.

Afterwards, [the other brother] may marry the woman's mother, daughter, or any of her other relatives, despite the fact that these relatives are all forbidden to the brother who performed either yibbum or chalitzah, as explained [in the previous halachah].

15. When a man marries his yevamah and then divorces her, he may remarry her if he so desires. She is considered to be his wife with regard to all matters. There remains no trace of the prohibition [that existed when she was] his brother's [wife], neither from Scriptural law nor from Rabbinic law.³⁸I.e., we do not say that he has already fulfilled the mitzvah of yibbum, and now the woman's status reverts to the prohibition under which she was previously forbidden. See Yevamot 39a.

16. As explained in Hilchot Ishut,³⁹Chapter 11, Halachah 3. the sexual relations in which a boy of nine years and one day engages are halachically significant. This is a law received through the Oral Tradition.

Accordingly, when a yavam who is below the age of majority, but over the age of nine, engages in sexual relations with his yevamah, he should maintain [his bond with her].⁴⁰I.e., none of the other brothers should marry her instead. See Chapter 5, Halachot 18-19. He may not, however, perform the rite of chalitzah until he attains the age of majority and is inspected [for signs of physical maturity].⁴¹Two pubic hairs, as stated in Hilchot Ishut 2:10. For with regard to chalitzah, the term ish ("man") is specifically mentioned in the Torah.⁴²Deuteronomy 25:7 states: "If the man does not desire...."

If [a yavam] is below this age, sexual relations in which he engages are of no halachic significance. [Moreover,] even the sexual relations in which a nine-year-old engages do not acquire [the yevamah for him in a manner that is] binding [entirely].⁴³Rather, these sexual relations are considered to be equivalent to a ma'amar, the status of which is discussed in Chapter 2, Halachah 1. Therefore, his yevamah is not permitted to marry another man until he engages in relations with her after he attains majority [and divorces her], or performs the rite of chalitzah [at that age], as will be explained.⁴⁴See Chapter 5, Halachah 21, where this situation is described in detail.

17. Similarly, with regard to a yevamah who is below the age of majority: If her yavam desires to perform the rite of yibbum with her, he may.⁴⁵Yevamot 119a explains that there is a certain dimension of leniency implied by this ruling. Since the woman is below the age of majority, it is possible that as she grows older she will manifest signs of being an aylonit, a woman who lacks female sexual characteristics (Hilchot Ishut 2:3,6). If that were to be the case, then the mitzvah of yibbum would not apply to such a woman, as stated in Chapter 6, Halachah 8, and relations with her would still be forbidden. Nevertheless, since the overwhelming probability is that a woman will not be an aylonit, our Sages did not impose any restrictions. He may not, however, perform the rite of chalitzah with her until she attains the age of majority and is inspected [for physical signs of maturity]. Even if she engaged in sexual relations after she became twelve years old,⁴⁶Rav David Arameah interprets this to be referring to engaging in relations with her previous husband before her death. Although with regard to her husband, we assume that she has manifested signs of physical maturity, as stated in Hilchot Gerushin 11:5, with regard to the laws of yibbum and chalitzah an inspection is required. Note an alternative explanation offered by the Or Sameach. she may not perform the rite of chalitzah until she undergoes an inspection and manifests signs of physical maturity.

18. Just as a yavam may not perform chalitzah until he attains manhood, so too, a yevamah may not perform chalitzah until she attains womanhood.⁴⁷See Chapter 6, Halachah 6.

When a yavam who is below the age of majority engages in sexual relations with a yevamah who is also below the age of majority, they should grow up together.

19. As all other women,⁴⁸See Hilchot Gerushin 11:18, which prohibits a widow or a divorcee from remarrying within 90 days of her husband's death or their divorce, to preclude the possibility of questions arising concerning who is the father of her child. a yevamah should not perform either yibbum or chalitzah until she waits a 90-day interval. [These 90 days] do not include the day of her previous husband's death or the day of yibbum or chalitzah.

Why may she not perform chalitzah within these 90 days?⁴⁹For performing chalitzah will not prevent the determination of a child's father. Because she is not fit to perform yibbum [at that time]. [Deuteronomy 25:7-9] states: "And if the man does not desire to take his yevamah,... she should remove his shoe" [establishing an equivalence between these two rites]. [Thus,] when she is fit to perform yibbum, she is fit to perform chalitzah. And when she is not fit to perform yibbum, she is not fit to perform chalitzah.⁵⁰The converse of this principle - that one who does not perform chalitzah (e.g., a king) does not perform yibbum - also applies. See the Rambam's Commentary on the Mishnah, Sanhedrin 2:1 and Hilchot Melachim 2:3).

Should [a brother] perform yibbum or chalitzah with her within these three months, since she is not pregnant, she has discharged her obligation and need not perform any further activity.⁵¹The Ramah (Even HaEzer 164:1) differs and maintains that such a woman requires chalitzah from her deceased husband's other brothers after the three months have passed. See also Beit Shmuel 164:4.

20. [The following rules apply when a brother] performs chalitzah with his yevamah, and afterwards it is discovered that she is pregnant: If she gives birth and the child is viable, it is considered as if she had never performed chalitzah. She is permitted to [marry into the] priesthood, and [the brother who performed chalitzah with her] is permitted [to marry] her relatives.

If the woman miscarries, or if the child who is born does not live for 30 days after being born, this - or another - brother⁵²The Ramah (Even HaEzer 164:2) states that the chalitzah should be performed by another brother, and not by the brother who had originally performed chalitzah with her. should perform chalitzah with her again. For chalitzah performed with a pregnant woman is not considered chalitzah,⁵³See Chapter 4, Halachah 26.

The Beit Shmuel 164:5 quotes the view of Tosafot, who maintain that, according to Rabbinic law, performing chalitzah while pregnant disqualifies a woman from marrying into the priesthood and prevents her from performing yibbum if she miscarries. nor are relations with a pregnant woman considered yibbum.

21. Therefore, when [a man] marries or performs chalitzah with his yevamah who is pregnant, another woman who was married to the deceased husband should not remarry until this woman gives birth. For a child does not remove [the obligation of yibbum] until it emerges into the world.⁵⁴And the yibbum or the chalitzah performed by the woman is of no consequence whatsoever.

22. [The following laws apply when a yavam] marries his yevamah, and then she is discovered to be pregnant. They should be separated [immediately],⁵⁵Lest she give birth, in which case she would be forbidden to the yavam. and we wait [to see the results of] her pregnancy. If she miscarries, he should maintain her as his wife.⁵⁶The Ramah (Even HaEzer 164:5) states that this rule applies only if he marries her before her pregnancy is discovered. If he marries her after her pregnancy is discovered, their relationship should be terminated even if she miscarries.

If she gives birth [different rules apply]: If the child dies, even on the day it was born, the yavam should divorce her, [give her] a get and perform chalitzah with her.⁵⁷The divorce is necessary lest it appear that a married couple are separating without a divorce, and the chalitzah is necessary as explained in Halachah 5. (See also Chapter 2, Halachah 21.) [Only] then, is she permitted to marry another man. If the child lives for 30 days after its birth,⁵⁸The Maggid Mishneh states that the same law applies if the child is born with its limbs properly formed after a full-term pregnancy, even if he dies on the day of birth. This ruling is quoted by the Ramah (Even HaEzer 164:6). [the child] is considered to be viable, and there is no need for a divorce, for [relations between the two are forbidden by] a severe prohibition].⁵⁹She does not require a get, because everyone knows that the consecration of such a woman is not binding.

23. If she gives birth to a viable child six months after she performed yibbum, there is a doubt whether this child is the son of her first husband and was born after a nine-month pregnancy, or is the son of her [yavam] and was born after a six-month pregnancy. Therefore, [the yavam] should divorce his wife, giving her a get. The child is not, however, considered illegitimate.⁶⁰For whether he is the son of the woman's first husband or the son of her second husband, no sin was committed in his conception.

If [the yavam] has relations with her after she gives birth, the children that are born afterwards are considered to be of doubtful legitimacy.⁶¹For we are unsure whether or not the woman is permitted to remain married to her yavam. The laws governing a person of doubtful legitimacy are discussed in Hilchot Issurei Bi'ah 15:21-22.