1,937. A Woman With Two Levirate Bonds

Yibum v’Chalitzah 6:26

The rule in the previous halacha was not instituted in the case of marriage, as follows: If one of a brother’s wives is forbidden as a prohibited relation and the other isn’t, then if he divorces the prohibited wife and later dies, the surviving brother may perform yibum with the remaining wife, as has been discussed. There was no need to institute the rule in such a case because everyone is aware of the prohibition against yibum with a woman when one of the widows is a prohibited relation. Accordingly, if the deceased didn’t divorce the prohibited woman, no one would permit the surviving brother to perform yibum with the other widow. However, the prohibition against yibum with a woman who had a levirate bond to a man whose other wife is prohibited is not so well-known, with the result that he might be permitted to perform yibum even in a case where the second brother didn’t divorce the prohibited woman.

Yibum v’Chalitzah 6:27

Let’s say that there were three brothers married to unrelated women. One brother dies and another makes maamar with his widow but then that brother dies before consummating their relationship. Accordingly, both this woman and the second brother’s widow have a levirate bond with the third brother. In such a case, these women should perform chalitzah to the exclusion of yibum. This is because the woman who was given maamar has two levirate bonds, which is like being married to two men. The Sages understood Deuteronomy 25:5 – “the wife of the deceased” – as a limitation: the wife of one deceased but not of two deceased. Therefore, when a woman has two levirate bonds, she should only perform chalitzah and not yibum. The same is true of the second brother’s wife. This prohibition is of rabbinic origin.