1,929. Women Forbidden by a Negative or Positive Commandment, or as a Secondary Relationship

Yibum v’Chalitzah 6:10

If a yevama is forbidden to the yavam by a negative or a positive commandment, or if she’s one of the secondary relationships, she should only perform chalitzah and not yibum. The reason she must perform chalitzah is because she’s able to marry the yavam and her betrothal would be binding, which creates a levirate bond. Under the law, she should perform yibum, which is a positive commandment, since a positive commandment takes priority when it conflicts with a negative commandment. However, the Sages ruled that yibum not be performed with a woman who is prohibited by a negative commandment or a secondary relationship out of concern that the yavam will have relations (impermissibly) with her a second time. Such relations would be prohibited and there would no longer be an overriding mitzvah since the obligation of yibum only applies to the first time the couple is intimate. Accordingly, if the yavam violates this enactment and engages in relations with a yevama who is prohibited by a negative or a positive commandment, he definitely acquires her as his wife and must give her get; this is all the more the case with a secondary relationship. After dissolving the relationship, all of the deceased’s widows may marry other men since their bond has been severed.

Yibum v’Chalitzah 6:11

Let’s say that a woman was widowed after consummating her marriage and the Kohein Gadol performed yibum with her. In such a case, the rest of the deceased’s widows are not relieved of their levirate obligations because a positive commandment doesn’t take priority over a negative commandment plus a positive commandment. Therefore, the Kohein Gadol doesn’t clearly acquire the yevama as a wife, with the result that the other widows may not remarry without first performing chalitzah.