1,880. Marrying Another Man Before Yibum or Chalitzah

Yibum v’Chalitzah 2:17

Let’s say that the yevama was not entitled to the privileges of a kesubah from her husband because she was prohibited to him but she is permitted to the yavam. (This scenario will be explained further IY”H in chapter 6.) In such a case, if the yavam wants to perform yibum, he may do so but he is not obligated in the privileges of a kesubah just as his late brother was not so obligated. The yavam’s obligation vis-à-vis the additional amount of the kesubah is the same as her first husband’s. However, if a man never wrote a kesubah for his wife, or she sold him the rights to her kesubah or waived her rights, then the yavam must write her a new kesubah just as he would have to do for any other widow.

Yibum v’Chalitzah 2:18

A yevama is prohibited from marrying any other man before the yavam performs yibum or chalitzah with her, as per Deuteronomy 25:5, “the wife of the deceased may not marry an outsider.” If she does marry someone else and they engage in marital intimacy, both parties are lashed and he must divorce her using a get; this is true even if they’ve already had several children. The yevama is prohibited both to this man and to her yavam, who must perform chalitzah in order to enable her to marry other men.