1,693. If a Yavam has the Same Blemish as His Brother

Hilchos Ishus 25:12

If a man becomes a leper, he must divorce his wife and pay her the value of her kesubah. If she wants to remain married, her wishes are not honored. They are obligated to divorce because being together (i.e., intimately) will cause him to waste away. If she says that she’s willing to remain married with witnesses to ensure that they don’t engage in marital relations, then her request is granted.

Hilchos Ishus 25:13

Let’s say that a woman’s husband did have bad breath or one of the other offensive odors enumerated in halacha 25:11 and he died, triggering a situation of yibum (levirate marriage). If the deceased’s brother has the same issue, the widow can refuse yibum saying that she was willing to tolerate it from her husband but she is not willing to tolerate it from his brother. The brother-in-law then performs chalitzah (the shoe-removal ceremony) and pays the widow the value of her kesubah.

Hilchos Ishus concludes with a quote from Psalms 128:6, “May you live to see your children’s children; may there be peace over Israel.” Since this citation is not found in manuscript versions, it was probably added by printers in order to end the section on a positive sentiment.