1,927. Women Who May Perform Only Yibum or Only Chalitzah

Yibum v’Chalitzah 6:6

The following women may perform only yibum, to the exclusion of chalitzah: a woman with congenital deafness, a woman lacking mental competence and a minor.* The reason they can’t perform chalitzah is the presumption that they lack the necessary understanding to do so. If the yavam wants to give a get to the woman with congenital deafness after yibum, he may do so.

Yibum v’Chalitzah 6:7

The following women may perform only chalitzah, to the exclusion of yibum: those who are prohibited to the yavam by a negative Torah commandment (as opposed to the inherently prohibited relations), by a secondary prohibited relationship, or by a positive Torah commandment, as we shall see. If there’s a doubt as whether or not the yevama was divorced by her late husband, she should perform chalitzah but not yibum; this is out of concern that the yavam might violate a prohibition since a brother’s ex-wife is also a forbidden relationship. However, if there was a doubt as to whether a woman was betrothed to the yavam’s late brother, she is like any other yevama and she can perform either chalitzah or yibum; this is because there’s no chance of violating a prohibition. Similarly, the wife of a man with congenital deafness, an elderly woman and a woman who has become infertile are like all other yevamos and the yavam can perform either chalitzah or yibum, as desired. The is because the elderly woman and the woman who has become infertile were at one point able to have children.

*The intention of the halacha is not to recommend such a thing, merely to address the halachic impact should it occur.