1,890. When a Husband Travels Abroad with Another Wife

Yibum v’Chalitzah 3:16

The same is true when a woman’s husband and another wife traveled abroad, after which two witnesses arrived and reported that her husband died. This woman should perform neither chalitzah nor yibum until she knows whether or not her husband’s other wife gave birth. One might ask why she shouldn’t perform chalitzah nine months after her husband’s death since she’d be permitted to remarry another man in any event, i.e., if the other wife gave birth, there’s no levirate bond, and if not, she has performed chalitzah. The reason they enacted not to do this is out of concern that, after this woman performs chalitzah, it might become known that the husband’s other wife gave birth. This wife will then not be considered one who performed chalitzah and would be permitted to marry a kohein. Those who don’t know about the other wife’s child might mistakenly conclude that a kohein may marry a woman who has performed chalitzah, and such a person might testify that a beis din gave her permission to marry a kohein. Therefore, if a woman was originally unable to marry a kohein anyway, she may perform chalitzah nine months after her husband’s death and re-marry to someone else. The wife who was abroad with the husband when he died should wait 90 days as is the usual case, after which she may perform chalitzah or yibum. She need not be concerned that the wife who remained at home might have given birth since that wife was in a different country from the husband.

Yibum v’Chalitzah 3:17

If a woman’s husband dies and her mother-in-law lives abroad, she need not be concerned that her mother-in-law might have had a child, giving her a yavam in another country. The Sages did not enact anything because of this possibility. Rather, they followed the existing presumptions, so she may remarry without hesitation. The same is true if a woman’s husband dies and their son lives abroad. She need not be concerned about the possibility that her son may have died. Rather, we follow the existing presumptions.