1,953. A Woman Who Doesn’t Wait Three Months to Remarry

Yibum v’Chalitzah 8:5

Let’s reverse the above scenario and say that the sons of the mother-in-law and daughter-in-law that died were those whose identities were known and it’s the surviving sons whose identities were confused. The surviving sons should perform chalitzah – to the exclusion of yibum – with the widows of the mother-in-law’s sons. This is because each of these women might be the widow of his father’s brother, who is forbidden as a prohibited relation, or the wife of his brother, who is permitted to him. As far as the widows of the daughter-in-law’s sons, one brother should perform chalitzah and the other yibum. If the daughter-in-law’s son was the one who performed chalitzah, then he did so with his brother’s wife. The second brother is therefore the son of the mother-in-law, who is permitted to marry the wife of his brother’s son after her yavam has performed chalitzah. If the mother-in-law’s son was the one who performed chalitzah, he did so with the wife of his brother’s son, so he performed a meaningless act. The makes the other brother the daughter-in-law’s son, and he performs a valid yibum with his brother’s widow.

Yibum v’Chalitzah 8:6

Let’s say that a woman didn’t wait three months after her husband’s death before remarrying. She gives birth to a boy and it’s not known whether the baby is from her first husband or a preemie from her second husband. If the woman had other children from both her first and second husband and this son dies, both sons from the first husband and from the second husband must perform chalitzah – to the exclusion of yibum – with the widow. This is because the levirate bond is in doubt – maybe the deceased doesn’t share the same father, but they definitely share the same mother and the wife of a maternal brother is forbidden as a prohibited relation. Similarly, the son whose paternity is in doubt should only perform chalitzah with his brothers’ widows, not yibum.