1,873. Performing Yibum Without Intention

Yibum v’Chalitzah 2:3

When a man engages in relations with his yevama, she becomes his wife regardless of whether he acted unintentionally or with promiscuous intentions, willingly or under duress, or if he had promiscuous intentions and she acted unintentionally or under duress, or if she had promiscuous intentions and he acted unintentionally or under duress, whether she was awake or asleep, whether he performed a “regular” or “irregular” act of intimacy, whether he inserted the entire organ or just part of it.

Yibum v’Chalitzah 2:4

The above is the case so long as the man intends to perform a sexual act. If he fell off the roof and accidentally penetrated his yevama, or if he had relations with her when he was too drunk to be aware of it, or if he was asleep, then she does not become his wife through this act. Similarly, if he intended to perform an act of wasteful emission through a hole in the wall and he unintentionally penetrated his yevama, she does not become his wife. However, if he intended to perform an act of bestiality and unintentionally penetrated his yevama, then she does become his wife through that act.