1,916. Severing the Levirate Bond or Effecting Marriage

Yibum v’Chalitzah 5:14

As has been discussed, a get is not sufficient to completely sever a levirate bond; similarly, maamar does not completely effect marriage. Marital intimacy is necessary to completely effect marriage and chalitzah is necessary to completely sever the bond. Therefore, if a yevama is given more than one get in succession, or more than one maamar in succession, it has an effect. However, if brother B engages in intimacy with a yevama with whom brother A had already had intimacy, or if he performs chalitzah with a yevama with whom brother A had already performed chalitzah, the second intimacy or the second chalitzah is immaterial. Similarly, a get or chalitzah after intimacy is immaterial.

Yibum v’Chalitzah 5:15

Pursuant to the previous halacha, if a yavam gives a yevama a get and he later gives a get to another of the widows, he is prohibited to marry both women’s relative. Similarly, if two of the brothers each give a get to the same yevama in succession, she is considered divorced by both of them, with the result that they are both prohibited to marry her relatives. One of these brother should perform chalitzah with her. Furthermore, if a yavam gives his yevama a get and then another brother gives a get to another of the widows, then each of them is prohibited to marry the relatives of the one to whom he gave a get. The same is true if two brothers give maamar in succession, as we have discussed. However, if a yavam performs chalitzah with his yevama and later he or his brother performs chalitzah with another of the widows, or if two brothers both perform chalitzah with the same yevama, then the second chalitzah is irrelevant and the one who performed it is not prohibited to marry this woman’s relatives. It’s the same as if he performed chalitzah with a woman with whom he shares no levirate bond.