1,889. Who Should Not Perform Chalitzah

Yibum v’Chalitzah 3:14

Let’s say that a woman traveled abroad with just her husband. If she says that she gave birth while abroad but the child died, followed by her husband, she is taken at her word and able to perform yibum. This is because the legal presumption when she left was that she was able to perform yibum. If she says that her husband died, followed by the child to whom she gave birth, her testimony is insufficient to sever the levirate bond. We are nevertheless concerned about the possibility so she should perform chalitzah only.

Yibum v’Chalitzah 3:15

The preceding only applies when the woman in question is already unable to marry a kohein, such as if she’s a divorcee or a chalalah, or if she said that they were in a cave when her husband died (i.e., with no possibility of witnesses). If this is not the case, she shouldn’t perform chalitzah. This is out of concern that she might perform chalitzah but then witnesses might come and corroborate her claim that the husband died first. This would make it clear that chalitzah was unnecessary and she’s able to marry a kohein. But if others see her perform chalitzah and later marry a kohein, they would conclude that a kohein may marry a woman who performed chalitzah, because they don’t know about the witnesses. Therefore, such a woman should perform neither chalitzah nor yibum. Rather, she should remain under the levirate bond as she was when she left until witnesses come.