1,862. If the Deceased Left a Wife Who's Expecting

Yibum v’Chalitzah 1:4

If the deceased has a child from a servant or a non-Jewish woman, his wife is not released from chalitzah or yibum. This is because the child of a servant woman is a servant and the child of a non-Jewish woman is not Jewish, so these are not halachic progeny. Regarding a servant, Exodus 21:4 says that “the woman and her children belong to her master,” from which we learn that a servant woman’s children are also servants. Regarding a non-Jewish woman, Deuteronomy 7:4 says that a non-Jewish mother “will lead your son away from Me,” i.e., he won’t be considered part of the Jewish community. Even if a man’s son from a servant is freed or his son from a non-Jewish woman converts, he is the same as any other convert or freed servant and he doesn’t release the woman from chalitzah or yibum. Even if the man had a son with a servant, freed both the child and the mother, and then married her, if he dies without having any other children, his widow should perform yibum with his brother. This is true even though the deceased’s son is alive and has been freed.

Yibum v’Chalitzah 1:5

Let’s say that a man dies and his widow is pregnant. If she miscarries after his death, she is obligated in yibum. If she has a live birth, she is relieved of the obligation to perform chalitzah or yibum; this is true even if the child dies immediately after birth. Under rabbinic law, however, this is only if we know that the child was born after a full nine months of pregnancy. If the duration of the pregnancy is unknown, then if the child lives for 30 days, he is deemed viable and his father’s wives are relieved of the obligation of yibum or chalitzah. If the child dies within 30 days, including on the thirtieth day, then there is a doubt as to whether or not it was viable. This is true regardless of whether the child died from an illness, fell off a roof or was eaten by a lion. Under rabbinic law, the widow must perform chalitzah and may not undergo yibum.