1,879. A Vow Preventing Benefit From the Yavam

Yibum v’Chalitzah 2:15

Let’s say that a woman took a vow before her husband died prohibiting her from deriving benefit from his brother, or from all Jews. In such a case, the yavam is made to perform chalitzah and the widow is entitled to receive the value of her kesubah. If she made such a vow after her husband died, we ask the yavam to perform chalitzah but if he doesn’t want to do so, she is considered to have “rebelled.” Along these lines, even if she made the vow while her husband was still alive, if her intention was to circumvent yibum, he is not forced to perform chalitzah unless she is recognized as “rebelling,” thereby forfeiting the value of her kesubah.

Yibum v’Chalitzah 2:16

Let’s say that the yavam asks the yevama to perform chalitzah and she replies that she doesn’t want to perform chalitzah, nor does she wish to collect the value of her kesubah, she just wants to remain in her husband’s house as is the case with other widows. In such a case, her request is not granted because the yibum situation was Divinely orchestrated and the yavam must choose whether to perform (a) yibum or (b) chalitzah and pay her the value of her kesubah. Not only that, her request isn’t granted even if she says that she will support herself and remain unmarried for the rest of her life. This is because the yavam can complain that no other woman will want to marry him so long as he has unsevered levirate ties. This is so even if he is already married because he might wish to take another wife, or his levirate ties might cause contention in his existing marriage.