1,878. If the Absent Brother Returns and Declines

Yibum v’Chalitzah 2:13

Pursuant to the previous halacha, if the absent brother returns and doesn’t want to marry her, we go back to the brother who wanted to perform yibum but whom she didn’t want. The woman is informed that this brother is the only one willing to perform yibum and that yibum takes priority over chalitzah. She is therefore given the option to perform yibum with that brother or to decline, though she’ll forfeit the value of her kesubah as a woman who “rebels” against her yavam.

Yibum v’Chalitzah 2:14

When the law requires that a woman perform chalitzah rather than yibum, if she is entitled to be paid the value of her kesubah, she may do so in the same way as any other widow. Similarly, if the yavam is a leper or if he has other disqualifying blemishes, he must perform chalitzah and she is entitled to be paid the value of her kesubah. If the yevama developed blemishes while waiting for yibum, it is the yavam’s misfortune. If no longer wishes to perform yibum, he must perform chalitzah and pay the yevama the value of her kesubah.