1. It is a Rabbinic ordinance that a yavam should not enter into marital relations with his yevamah until he consecrates her in the presence of two witnesses, with a p'rutah or an article worth a p'rutah.¹A ma'amar can also be effected with a sh'tar, a legal document (Maggid Mishneh).

From Yevamot 52a it would appear that this practice was instituted as an expression of modesty. Just as with regard to marriage, although it is acceptable to consecrate a woman through sexual relations according to Scriptural law, our Rabbis ordered a ban of ostracism to be placed on a person who does so; so too, with regard to yibbum, they required that the man designate the woman as his wife before entering into marital relations with her. This [act] is called a ma'amar.²The word ma'amar means "statement." The Tosefot Yom Tov explains that the term was chosen because the yavam must make a statement of intent. Rav Kapach offers an alternative interpretation, citing Deuteronomy 26:17,18, which uses the root אמר to mean "designate," or "declare allegiance to."

A ma'amar does not complete the acquisition of a yevamah, as will be explained.³See Chapter 5, Halachot 2-3.

The standard printed text of the Mishneh Torah continues "as does sexual relations." Nevertheless, authoritative manuscripts and early printings of the Mishneh Torah do not contain this addition. Based on that version, Rav Kapach explains that the comparison may be, not to sexual relations with a yevamah, but rather to the effectiveness of the transfer of money in ordinary kiddushin.

When [a yavam] performs a ma'amar with his yevamah without her knowledge, his deed is of no consequence. For a woman can be consecrated only willingly.⁴See Hilchot Ishut 4:1. When a minor is widowed after being merely consecrated,⁵If the minor's marriage is consummated, she leaves her father's authority and acts independently. As long as she is merely consecrated, however, she is under her father's authority. See Hilchot Ishut 3:11-12. a ma'amar can be performed only with the consent of her father.

2. Just as [the yavam] must consecrate his yevamah, so too, he should recite the marriage blessings in the presence of ten men⁶See Hilchot Ishut 10:3 for the text of these blessings. The Ramah (Even HaEzer 166:2) states that the ceremony of chuppah should also be performed, and the Ma'aseh Rokeach adds that Birkat Erusin (Hilchot Ishut 3:23) should be recited. and compose a ketubah ("marriage contract"), as is required of any man who marries a woman.⁷The text of the ketubah to be composed by the yavam appears in Chapter 4, Halachah 32.

When [a yavam] enters into marital relations with his yevamah without previously performing a ma'amar with her, he acquires her in a binding manner;⁸The fact that he disobeyed our Sages' wishes does not cause his deed to lose its effectiveness. he does not have to consecrate her after engaging in marital relations with her. He should be given stripes for rebellious conduct⁹The punishment given for disobeying a Rabbinic ordinance. See Hilchot Ishut 3:21. and should write a ketubah for her.

3. When [a yavam] engages in marital relations with his yevamah, he acquires her [as his wife]. [This applies] regardless of whether he entered into these relations unintentionally¹⁰Note the Shulchan Aruch (Even HaEzer 166:9), which cites a minority opinion that differentiates between whether the yevamah had been married to her first husband or merely consecrated by him. In the latter instance, she must be consecrated a second time. or with a licentious intent,¹¹Our translation is based on Rashi's gloss, Yevamot 53b. under duress or willingly, whether he acted with a licentious intent and she acted unintentionally or under duress, or she acted with a licentious intent and he acted unintentionally or under duress, whether she was asleep¹²Although it is improper for a husband to engage in relations with his wife when she is asleep, this does not negate the effectiveness of the yavam's act. or awake, whether he performed vaginal or anal intercourse,¹³The purpose of yibbum is to "perpetuate the name of his brother" (Deuteronomy 25:7 - i.e., to conceive progeny. Although this objective cannot be achieved through anal intercourse, it is still an effective means of acquisition. Since both the man and the woman are capable of conceiving children, the fact that they cannot accomplish that through this sexual act does not detract from its effectiveness (Beit Shmuel 166:6). whether he inserted merely the head of his penis or the entire organ.¹⁴Our translation is based on Hilchot Issurei Bi'ah 1:10.

4. When does the above apply? When [the yavam] intends to perform a sexual act. If, however, he fell from the roof [with an erection] and [accidentally] inserted his organ into his yevamah, had relations with her when he was so intoxicated that he was not conscious of anything,¹⁵Note the Or Sameach, who questions this ruling based on the Jerusalem Talmud (Yevamot 6:1, quoted by the Rambam in Chapter 6, Halachah 3), which states that when a mentally incompetent person performs yibbum, his act is binding. The Or Sameach explains that a mentally incompetent person may have the intent to engage in sexual relations. In this instance, however, the person has lost control of his faculties to the extent that he has no intent whatsoever. or when he was asleep, he does not acquire her [as his wife].

If he intended to masturbate in a hole in the wall and unintentionally inserted his organ into his yevamah, he does not acquire her [as his wife].¹⁶For masturbation is not considered to be sexual relations. If he intended to sodomize an animal and unintentionally inserted his organ into his yevamah, he does acquire her [as his wife].¹⁷For sodomy is considered to be a forbidden form of relations.

5. [The following rules apply when a yavam takes] his yevamah [home to] perform yibbum, and within 30 days she claims that they did not engage in sexual relations. [The yavam] claims that they did engage in relations and then divorces her. Since he already took the initiative and divorced her, we compel him to perform chalitzah with her.¹⁸Since it is within 30 days, we accept the possibility that the yavam did not engage in relations with her, and compel him to perform chalitzah so the yevamah can remarry another man (Yevamot 111b).

If he did not divorce her, we compel him to engage in relations with her,¹⁹And remain married to her. or to perform chalitzah and also to divorce her, giving her a get.²⁰Since he brought her home as his wife, even if he agrees that they did not engage in relations, he is required to divorce her, because it is likely that they did engage in relations (Maggid Mishneh; Ramah, Even HaEzer 167:6). Nevertheless, since she claims that they did not, and there is plausibility to her claim, he is also required to perform chalitzah.

If he divorced her after thirty days had passed, and she claims that they did not engage in sexual relations, we request that he perform chalitzah with her.²¹After a couple have lived together for thirty days, we assume that they have engaged in relations, for a man will not restrain himself any longer. Hence, the man cannot be compelled to perform chalitzah (Yevamot, ibid.). Nevertheless, we ask him to perform this rite, for otherwise the woman will not be permitted to remarry. If, however, he admits that he had not entered into relations with her, we compel him to perform chalitzah with her.²²He has nothing to lose in this concern, for since he divorced her without entering into relations with her, he is no longer permitted to fulfill the mitzvah of yibbum. Therefore, he should fulfill the mitzvah of chalitzah so that she can remarry.

If she claims that they engaged in sexual relations, and he denies engaging in relations, she is not required to engage in chalitzah, for his word is not accepted [when he desires] to cause her to be forbidden to all other men, once he brings her to his home as his wife.

6. When a man dies [childless], and he is survived by many brothers, the mitzvah is incumbent on the eldest brother to perform either yibbum or chalitzah, as [implied by Deuteronomy 25:6]: "The firstborn son whom she bears [will perpetuate the name of the deceased brother]." The Oral Tradition interprets the verse as referring to the eldest of the surviving brothers, causing the verse to be rendered: "The eldest brother will perpetuate the name of the deceased brother." The subject of the phrase "whom she bears" is the mother of the brothers and not the yevamah.²³According to the simple meaning of the verse, the subject is - as reflected in our translation - the yevamah. Nevertheless, in a halachic context, it is possible for one verse to have several interpretations. Accordingly, Yevamot 2:8 (see the Rambam's Commentary on the Mishnah) interprets this verse to be referring to the deceased's mother. (See also Yevamot 24a, quoted in Chapter 6, Halachah 8, which considers the yevamah the subject of the phrase in a different halachic context.)

7. If the eldest brother does not desire to perform yibbum, all the other brothers are given that option.²⁴See Halachah 12. If they also do not desire, we return to the eldest brother and tell him: "The mitzvah is incumbent on you. Perform either yibbum or chalitzah." We do not compel the yavam to perform yibbum;²⁵Although the Rambam maintains that the mitzvah of yibbum takes priority over the mitzvah of chalitzah, we cannot compel a man to wed a woman with whom he does not desire to live. we do, however, compel him to perform chalitzah.²⁶For until this mitzvah is performed, the yevamah may not remarry.

8. If the eldest brother says: "Give me a respite until [a brother] who is a minor attains majority," "... until [a brother] who is on a journey returns," or "... until [a brother] who has [temporarily] lost his powers of speech and hearing recovers; if he refuses, I will perform yibbum or chalitzah" - his request is not accepted. He is told: "The mitzvah is incumbent on you. Perform either yibbum or chalitzah."²⁷I.e., the yevamah should not be subjected to an unnecessary delay, if possible.

9. Similarly, if the eldest brother is in another country,²⁸When stating this law, the Shulchan Aruch (Even HaEzer 161:5) uses the expression "an overseas country." The Beit Shmuel 161:6 cites the expression used by the Rambam and explains that it refers to a country in which a different language is spoken, even if it is relatively close. He cites a ruling of Mahari Mintz, which states that if the eldest brother is in another city, and the yevamah does not have the funds to pay for travel there, the younger brother can be compelled to perform the mitzvah. (Kin'at Eliyahu notes that the Rambam often uses the word medinah to mean metropolis. He questions whether that is the Rambam's intent here.) [the obligation is transferred to his younger brother]. The younger brother does not have the option of saying: "The mitzvah is incumbent on my older brother. Wait until he comes." Instead, we tell the brother that is present: "Perform either yibbum or chalitzah."²⁹Here also, the intent is not to subject the yevamah to an unnecessary delay.

10. The laws pertaining to a yevamah who is fit to perform yibbum³⁰I.e., there is no halachic reason preventing her from doing so. and refuses to do so are the same as those governing a woman who rebels against her husband.³¹See Hilchot Ishut 14:8, which states that a woman who refuses to engage in marital relations because she is repelled by her husband, should be divorced by her husband, because "she is not like a captive, [to be forced] to engage in relations with someone she loathes." She does, however, forfeit the money due her by virtue of her marriage contract and any presents that her husband gave her. As mentioned in the notes on Hilchot Ishut, the Shulchan Aruch (Even HaEzer 77:2) follows a different perspective with regard to this ruling.

There is also a difference of opinion among the authorities whether a woman who refuses to engage in yibbum is considered to have "rebelled." As mentioned in the notes on Chapter 1, Halachah 2, the Ashkenazic authorities maintain that the mitzvah of chalitzah takes precedence over the mitzvah of yibbum. Therefore, they maintain that a woman has the right to refuse to engage in yibbum, and she is not judged to have "rebelled" for this reason. We compel her yavam to perform chalitzah with her,³²The Shulchan Aruch (Even HaEzer 77:2) differs with the Rambam and maintains that a husband should not be compelled to divorce a woman who "rebels." According to that perspective, a yavam should also not be compelled to perform chalitzah.

According to the Ramah (Even HaEzer 165:1), who favors chalitzah, when a yavam desires to perform yibbum and the yevamah refuses, the yavam cannot be compelled by force to perform chalitzah. He should, however, be convinced to do so. Note the gloss of the Beit Shmuel 165:1, which discusses this ruling in detail.

All authorities agree that if the yavam is one of the individuals considered unfit to marry (see Halachah 14), he should be compelled to perform chalitzah. and she forfeits [the money due her by virtue of her] marriage contract.

When the deceased is survived by many wives, the one that the yavam asks to perform yibbum and refuses is considered to have "rebelled." He should perform chalitzah with her, and she forfeits [the money due her by virtue of her] marriage contract.³³This applies even if one of the other women would be willing to marry the yavam; the choice is his and not hers. The other wives who were not asked [to perform yibbum] receive [the money due them by virtue of their] marriage contracts, as other widows do.

11. If [the deceased was survived by] many [brothers], and the eldest brother states that he wants to perform yibbum with [one of the deceased's wives], [she is under obligation to him].³⁴The Maggid Mishneh explains that the woman must either consent to yibbum or be considered to have "rebelled." Even if she does not desire [to marry] him, but is willing to marry one of his brothers, her desire is not considered. For the mitzvah is that the eldest brother perform yibbum.

12. [The following rules apply when] the eldest brother says: "I do not want to perform either yibbum or chalitzah. Behold, my brother is present." If one of the brothers asks her to perform yibbum, and she does not desire [to marry] him, but she does desire [to marry] another brother, and he desires [to marry] her, she is not considered to have "rebelled." Once the eldest brother upon whom the mitzvah is incumbent demurs, all the brothers are equal.³⁵The Ra'avad and others differ with the Rambam on this point and maintain that if the eldest brother demurs, the prerogative is given to the brother who is next in the order of age. This perspective is followed by the Shulchan Aruch (Even HaEzer 161:4). Since she desires [to marry] one of [the brothers], and he desires [to marry] her, she is not considered to have "rebelled."³⁶If, however, the brother she desires to marry does not desire to marry her, she is considered to have "rebelled," as stated in the following halachah.

Moreover, if one of the brothers was in another country, and the woman says: "I would prefer to wait for him to come and perform yibbum with me. I do not want [to marry] this one," she is not considered to have "rebelled." [Since] the brother who asks [to marry her] is not the eldest, we tell him: "If you desire to perform chalitzah and pay her [the money due her by virtue of her] marriage contract, you may.³⁷Although, according to the Rambam, the mitzvah of yibbum takes priority over the mitzvah of chalitzah, this is the case only when yibbum can be performed immediately. In this instance, this brother is not forced to wait until his other brother returns, for having the obligation to perform yibbum or chalitzah is a detriment to a man, as stated in Halachah 16 (Rav David Arameah). If not, she wants to wait until your brother comes. Since you do not have a prior claim, [she is granted that prerogative].³⁸Generally, the court makes an effort to have the mitzvah of yibbum or chalitzah performed as soon as possible, as reflected in Halachot 8 and 9. This, however, is a measure of consideration for the woman, so that she will not be forced to remain without a husband. In this instance, it is she who desires the delay. Hence, she is given that prerogative (Or Sameach).

13. If the brother [whom the yevamah desired to marry] returned and did not desire [to marry] her, we turn again to the brother who desired to perform yibbum, but was not desired by the woman. We tell the woman: "There is no one who desires to perform yibbum with you except this one, and the mitzvah of yibbum is given priority. Either perform yibbum with this one, or leave without receiving [the money due because of your] marriage contract, as is the law with regard to all women who rebel."

14. Whenever the law is that a woman should perform chalitzah and not yibbum, as we have mentioned,³⁹See Chapter 1, Halachah 5. (See also Chapter 3, Halachot 4, 13-14 and Chapter 6, Halachah 7.) if she is entitled to receive [the money due her by virtue of] her marriage contract,⁴⁰I.e., her first husband or his estate would have had to pay her the money due her by virtue of her marriage contract. she may collect that money in the same way as other widows.

Similarly, if the yavam was a leper or he has other blemishes [for which] men [are required to divorce],⁴¹He has constant bad breath or a smell coming from his nose, or he works as a copper miner, a tanner, or a collector of dog feces, as stated in Hilchot Ishut 25:11. he must perform chalitzah for her, and she is entitled to receive [the money due her by virtue of] her marriage contract.

If a yevamah suffered blemishes while she was waiting for yibbum, it is the yavam's lack of fortune.⁴²A man is entitled to divorce his wife if he discovers that she possessed physical blemishes that mar her appeal before her marriage, and he is not required to pay her the money due her by virtue of her marriage contract, as stated in Hilchot Ishut 7:8, 25:2. Nevertheless, in this instance this law does not apply, because the connection between the yavam and the yevamah begins directly after her first husband's death. If he does not desire to perform yibbum, he must perform chalitzah and give her [the money due her by virtue of] her marriage contract.

15. When, during her [first] husband's lifetime, a yevamah takes a vow prohibiting her from deriving benefit from her yavam,⁴³I.e., she took a vow not to benefit from the yavam in her husband's lifetime for other reasons, without the explicit intent that she would free herself from obligation to him. or from all Jews,⁴⁴I.e., the woman took a vow not to benefit from any Jews. Although that vow did not take effect with regard to her husband, once her husband died it takes effect with regard to the yavam. [her yavam] should be compelled to perform chalitzah for her, and she is entitled to collect [the money due by virtue of] her marriage contract.⁴⁵She is not allowed to marry the yavam, because she will derive benefit from him and thus break her vow. Nor is she considered to be a woman who rebels, because her vow was not taken to free her from the obligation of yibbum. (See Yevamot 112a.)

If she takes such a vow after her [first] husband's death, we request⁴⁶Since the vow was taken specifically to free her from the obligation of yibbum, the yavam is not obligated to respect it. [her yavam] to perform chalitzah for her.⁴⁷If he agrees and performs chalitzah willingly, he is obligated to pay her the money due by virtue of her marriage contract. If he does not desire to do so, she is considered to have "rebelled."⁴⁸In which case he is compelled to perform chalitzah with her, but is not required to pay her the money due by virtue of her marriage contract, as stated in Halachah 10. Similarly, even if she took such a vow in her husband's lifetime, if her intent was that he should not perform yibbum with her,⁴⁹Moreover, even if we are unsure of the woman's intent when taking the vow, we assume that she desired to free herself from the obligation of yibbum. he is not compelled to perform chalitzah, unless she [accepts the status of] one who rebels and forfeits [payment of] her marriage contract.

16. No heed is paid to the words of a yevamah, when her yavam asks her to perform chalitzah, and she says: "I do not want to perform chalitzah, nor do I want to collect [the money due me by virtue of my] marriage contract. Instead, I will remain in my husband's house like other widows."⁵⁰As stated in Hilchot Ishut 18:1-2, a widow is entitled to live in her deceased husband's home and derive her livelihood from his estate until she remarries. For she was given over to [the yavam] from heaven, and the choice [is his whether] to perform yibbum or to perform chalitzah⁵¹The Kiryat Sefer explains that just as a man can divorce his wife against her will, so too, a yavam can perform chalitzah with his yevamah against her will. Even if she desires yibbum, she can be compelled to perform chalitzah. The Maggid Mishneh cites certain authorities who differ with the Rambam and maintain that since the mitzvah of yibbum takes priority, the yevamah cannot be forced to perform chalitzah. and pay her [the money due her by virtue of her] marriage contract.

Moreover, even if she says "I will provide for my sustenance from my own means, and I will remain without a husband for the rest of my life,"⁵²I.e., she is willing to forego the obligation of her husband's estate to her. her words are not heeded. For the yavam will tell her: "As long as you are under obligation to me, no one else will want to marry me."⁵³For as long as there is the possibility that the yavam will marry the yevamah, other women will hesitate to marry him, for no woman would like to share her husband with another woman. Even if he is already married [this argument still holds weight], for it is possible for him [to desire] to marry another wife, or that [his obligation to] the yevamah will cause strife within his marriage.⁵⁴Hence, the woman is compelled to perform chalitzah.

If neither the yevamah nor the yavam desires to perform chalitzah, the court is under no obligation to see that the mitzvah is performed. Although the Zohar, Volume III, page 180a, explains that chalitzah brings about benefit for the deceased's soul, neither his brother nor his wife has a binding obligation to perform this act on his behalf. If they desire to, they may, but they cannot be compelled to do so. (See the Responsa of the Chatam Sofer, Even HaEzer, Volume II, Responsum 85.)

17. [The following rules apply when] a yevamah had no right to the privileges of a marriage contract from her [deceased] husband, because she was forbidden to him, but she is permitted to marry the yavam, as will be explained.⁵⁵See Chapter 6, Halachah 13. If the yavam desires to perform yibbum, he may. He is not obligated to the woman [for the privileges of her] marriage contract, just as her [previous] husband was not.⁵⁶The Maggid Mishneh quotes the Ramban and the Rashba as saying that if the yavam desires to divorce the yevamah immediately, he is not required to pay her the money due her by virtue of her marriage contract. If, however, he desires to remain married to the woman, he must write a marriage contract for her, for it is forbidden for a man to remain married to a woman without a marriage contract, as stated in Hilchot Ishut 10:10. The Ramah (Even HaEzer 168:9) quotes this interpretation.

The Maggid Mishneh notes that this interpretation does not fit the Rambam's wording. In that light, the Or Sameach offers the following interpretation: The yavam is never obligated to write a marriage contract for the yevamah. Why did our Sages require a man to write a marriage contract for his wife? So that there would be a financial responsibility attached to divorce, and hence a husband would not consider it to be a light matter. In this instance, the yavam is held responsible for the additional amount that the husband added to the marriage contract. Hence, there is financial responsibility attached to divorce, and there is no imperative for a further obligation. The laws regarding the yavam's obligation for the additional amount to be paid the woman are the same as those that applied with regard to her husband.⁵⁷As mentioned in Hilchot Ishut 24:2-3, although her husband is not obligated for the fundamental requirement of the marriage contract, he is obligated for the additional amount that he promised her. This obligation is transferred to the yavam.

If, however, a husband did not write his wife a marriage contract, or she sold him or waived to him the rights to her marriage contract, the yavam is obligated to write a new marriage contract for her as he would be required for another widow.⁵⁸The yavam is not, however, obligated to write a marriage contract equivalent to the one that the woman's first husband gave her. It is sufficient that he write her a marriage contract for 100 zuz, as explained in Hilchot Ishut 22:14.

18. Before the yavam performs yibbum or chalitzah with the yevamah, she is forbidden to marry another man,⁵⁹Both Sefer HaMitzvot (Negative Commandment 357) and Sefer HaChinuch (Mitzvah 596) include this as one of the Torah's 613 commandments. as [Deuteronomy 25:5] states: "the wife of the deceased should not be allowed to [marry] an outsider."

If she marries another person,⁶⁰This applies even if she married without knowing of the existence of the yavam (Shulchan Aruch, Even HaEzer 159:2). and they engage in sexual relations, they are both punished by lashes,⁶¹If, however, the couple do not engage in relations, they are not punished with lashes. and he must divorce her with a get. [This applies] even if she has borne him several children.⁶²The children are not, however, considered illegitimate. See Hilchot Issurei Bi'ah 15:1-2. She is forbidden to him and to her yavam.⁶³I.e., she is compared to a woman who engages in relations with another man while married. See Hilchot Gerushin 10:7.

She becomes forbidden to both men, even though she claims not to have engaged in sexual relations with her second husband (Kessef Mishneh; Ma'aseh Rokeach; see Hilchot Issurei Bi'ah 19:3). Her yavam should perform chalitzah with her; this causes her to be permitted to marry other men.

19. If she was consecrated by another man, she does not become forbidden to her yavam. Instead, the man who consecrated her should divorce her, and her yavam may perform either yibbum or chalitzah.⁶⁴The Shulchan Aruch (Even HaEzer 159:1) states that this law applies even when the man consecrates her without knowing of the existence of the yavam. The Beit Shmuel 159:1 differs and cites the opinion of the Rashba and the Ramban, who maintain that in such an instance, if the yavam desires to perform chalitzah, the woman may remain married to her second husband.

If her yavam was a priest who is forbidden to marry a divorcee, she should be divorced by the man who consecrated her, so that the sinner should not benefit, and her yavam should perform chalitzah with her.⁶⁵I.e., one might think that since the yavam cannot perform yibbum with her, she should be allowed to remain married to her second husband. If so, however, the man's transgression - marrying the yevamah - will have brought him benefit. Hence, he is required to divorce her (Yevamot 92b).

20. If the man who consecrated [the yevamah] and then divorced her, marries her [after] her yavam performs chalitzah with her, they are not forced to separate.⁶⁶The rationale is that since the prohibition is merely a disciplinary measure, if the couple marry again they may remain married (Maggid Mishneh).

The Ramah (Even HaEzer 159:1) states that if the second husband knew of the existence of the yavam and consecrated the woman anyway, he is forbidden to remain married to her, even if he remarried her after chalitzah. If, by contrast, a man divorced [a yevamah] after being married to her and then remarried her again, the couple are forced to separate. For this resembles the case of a married woman who [thought that her husband had died and] remarried, who is forbidden to both her first and second husbands, as has been explained.⁶⁷See Hilchot Gerushin 10:5,7).

A yevamah who engages in licentious sexual relations does not become forbidden to her yavam.⁶⁸The Ramah (Even HaEzer 159:3) states that she does, however, become forbidden to the man with whom she engaged in relations. Even if her yavam performs chalitzah, the two may not marry. If he desires, he may perform chalitzah; if he desires, he may perform yibbum.

21. [The following rules apply to] any yevamah concerning whom there is a question according to Rabbinic law whether or not she is under obligation to a yavam - e.g., a yevamah bore a child who died within thirty days, after a pregnancy that was not full term. In this instance, she is required by Rabbinic law to perform chalitzah, because of the doubt [that exists whether the birth was viable], as explained above.⁶⁹This refers to an instance where the child's physical appearance indicates that the birth was viable. Therefore, the woman is not required to perform chalitzah according to Scriptural law. Nevertheless, because the pregnancy was not full term, our Sages required chalitzah, as explained in Chapter 1, Halachah 5. If such a woman was consecrated by another man before performing chalitzah, her yavam should perform chalitzah with her, and she may remain married to her husband.⁷⁰I.e., we do not force the couple to divorce, as in the previous halachah.

If she was consecrated by a priest - who is forbidden to be married to a woman who performed chalitzah - [her yavam] should not perform chalitzah for her.⁷¹In his gloss on the Shulchan Aruch (Even HaEzer 164:7), Rabbi Akiva Eiger states that this leniency applies only when the priest consecrated the woman without knowing of her obligation to perform chalitzah. If he knew of her obligation and consecrated her nonetheless, the couple are not permitted to remain married. [This leniency was instituted] since we do not cause a man's wife to be forbidden because of a Rabbinic decree instituted on account of doubt.⁷²The Ramah (Even HaEzer 164:7) states that similar laws apply when a yevamah was consecrated by an Israelite, and her yavam is abroad and cannot perform chalitzah for her.

If the priest divorces [the woman] or dies, she should perform chalitzah.⁷³I.e., the leniency is granted to the priest, because it is necessary and not to other men. Afterwards, she is permitted, a priori, to marry other men.