1,934. An Ervah Who Is Also an Ailonis

Yibum v’Chalitzah 6:20

The same is true if two yevamos come from the same house, one of whom is a secondary relation to the yavam, prohibited by a negative or a positive commandment, or congenitally infertile: her co-wife is permitted to the yavam and may perform either chalitzah or yibum. Let’s say that a man performed chalitzah with his yevama and then that woman’s sister, mother or other close relative married another brother. That brother also has another wife and he subsequently dies. Not only is the relative of the woman with whom he performed chalitzah prohibited to him, so is his brother’s other wife. The co-wife is like a secondary relation, so they should perform chalitzah to the exclusion of yibum. The Sages prohibited the relatives of a woman with whom one has performed chalitzah because it’s difficult to differentiate them from the co-wife of a woman with whom one has performed chalitzah.

Yibum v’Chalitzah 6:21

Let’s say that two yevamos came from the same house; one of them was forbidden to the yavam as a prohibited relation but she was also congenitally infertile. In such a case, the other widow is permitted and may perform either chalitzah or yibum. This is because yibum and chalitzah don’t apply to a woman with congenital infertility so she doesn’t enter the equation at all. The result is that the levirate bond falls completely on the other widow. Similarly, if the deceased had divorced the woman forbidden as an prohibited relationship, if she dissolved their relationship through refusal (miun) before his death, or if she predeceased him, then his other wife is permitted and performs either chalitzah or yibum. We don’t say that since she was once co-wives with a prohibited relation that she remains forbidden forever. The co-wife of a prohibited relation is only forbidden if they were both married to the man when the levirate bond was effected.