1. There are brothers who are fit to perform either the rite of yibbum or the rite of chalitzah. There are brothers who are not fit to perform either the rite of yibbum or the rite of chalitzah. [The deceased's wives] are under no obligation to them at all; they may marry another man. There are brothers who are fit to perform the rite of chalitzah but not the rite of yibbum, and there are brothers who are fit to perform the rite of yibbum but not the rite of chalitzah.¹These categories are all defined in the following three halachot.

2. With regard to the following, [the deceased's wives] have no obligation at all: a saris chamah²A man who never displayed any male physical characteristics and who is sexually impotent. The Aruch interprets the term as meaning "one who became impotent as a result of fever." Yevamot 80a interprets it as meaning "one who never saw the light of the sun while potent." and an androgynous,³A person with both male and female sexual organs. for they are not fit to father children, nor had they been at any time.⁴Since the entire purpose of yibbum is to perpetuate the deceased brother's name (Deuteronomy 25:7 , when this is not possible there is no obligation for this rite.

The Tur (Even HaEzer 172) quotes opinions that maintain that an androgynous is considered a normal male and may perform either yibbum or chalitzah, as he desires. Although the Shulchan Aruch (Even HaEzer 172:8) also mentions this view, the Rambam's opinion appears to be favored.

3. These are [the brothers] who are fit to perform the rite of yibbum,⁵The intent is not that they should be encouraged to perform yibbum, but that if they perform yibbum, they acquire the yevamah as a wife. The rationale is that the act of yibbum does not require intent, as stated in Chapter 2, Halachah 3. but not the rite of chalitzah: a deaf-mute, a mentally incompetent man and a minor. [The rationale is that] they lack the mental competence to perform chalitzah.

When a deaf-mute performs yibbum, he may never divorce [his yevamah]. For by entering into relations with her, he establishes a marriage bond that is completely binding, and he is incapable of divorcing a woman in a completely effective manner.⁶In the Kessef Mishneh, Rav Yosef Karo emphasizes that this ruling applies only when the yevamah's deceased husband was mentally competent. If the deceased also was a deaf-mute, the deaf-mute yavam may divorce her by signaling with hand motions. Rav Yosef Karo reiterates this decision in the Shulchan Aruch (Even HaEzer 172:12).

[When a yavam who is below the age of majority but more than] nine years and one day old performs yibbum, [he acquires his yevamah as a wife]. He may not, however, divorce [her] until he attains majority, as we have explained.⁷See Chapter 5, Halachah 18. Note Chapter 5, Halachah 21, which states that if he did not enter into relations with his yevamah after he attained majority, he must also perform the rite of chalitzah.

4. These are [the brothers] who are fit to perform the rite of chalitzah, but not the rite of yibbum: those whose status is in doubt - e.g., there is a doubt whether a yevamah is forbidden to [the deceased's] brother,⁸A person consecrated one of two sisters, and it is not known which one he consecrated. He is not allowed to marry, because he does not know which of the women is his wife and which is forbidden to him. If he dies, his brother may not perform yibbum, because the same doubt applies with regard to him. (See Chapter 8, Halachah 1.) a man with crushed testicles, or a crushed member, or who has been castrated in any other way,⁹See Hilchot Issurei Bi'ah, Chapter 16, for a detailed treatment of this subject. and an elderly man whose virility has been weakened and he is incapable.

If [a yavam] who has been castrated enters into relations [with his yevamah], he acquires [her as a wife], for there was a time when he was sexually potent. He must, however, divorce her with a get, because he is forbidden to marry [a native-born Jewess].

A tumtum¹⁰A person whose genital area is covered by flesh and determination of his sex is not possible , as stated in Hilchot Ishut 2:25.

The Tur (Even HaEzer 172) quotes opinions that maintain that there is doubt whether a tumtum may perform yibbum. Therefore, he must perform chalitzah. Although the Shulchan Aruch (Even HaEzer 172:9) also mentions this view, the Rambam's opinion appears to be favored. should perform chalitzah, but not yibbum, because his status is one of doubt. If an operation is performed, and it is revealed that he is a male, he may perform either chalitzah or yibbum, as he desires.¹¹Once the operation is performed and it is determined that he is a male, there is no difference between him and other males.

Brothers [of the deceased who are not in any of the categories listed above] may perform either chalitzah or yibbum.

5. There are yevamot who are fit to perform either the rite of chalitzah or the rite of yibbum. There are yevamot who are not fit to perform either the rite of yibbum or the rite of chalitzah. They are under no obligation to [the deceased's brothers] at all, and they may marry another man. There are yevamot who are fit to perform the rite of chalitzah, but not the rite of yibbum, and there are yevamot who are fit to perform the rite of yibbum but not the rite of chalitzah.¹²These categories are all defined in the following three halachot.

6. These are [the yevamot] who may perform the rite of yibbum, but not the rite of chalitzah: a deaf-mute, a mentally incompetent woman and a minor.¹³With regard to a minor, see Chapter 4, Halachah 16.

[The rationale why they cannot perform chalitzah is that] they lack the mental competence to read and to understand. If the yavam desires to divorce the deaf-mute with a get after he engages in relations with her, he may.¹⁴For according to Scriptural and Talmudic law, neither a woman's understanding nor her consent is necessary for a divorce to be effective.

7. These are [the yevamot] who may perform the rite of chalitzah, but not the rite of yibbum: [Women who are] forbidden [to the yavam] because of a negative commandment, [because of a Rabbinic ordinance - i.e.,] sh'niyot, or because of a positive commandment, as will be explained.¹⁵See Halachah 10. (See also a delineation of the women included in these three categories in Hilchot Ishut 1:6-8.)

Whenever there is a doubt whether or not a woman was divorced [by the deceased], she should perform chalitzah and not yibbum, lest the yavam violate a prohibition. For a brother's wife who was divorced is forbidden as an ervah.¹⁶A severe prohibition punishable by karet. See Hilchot Ishut 1:5; Hilchot Issurei Bi'ah 2:1. If, however, there was a doubt regarding whether a woman was consecrated to one's [deceased] brother, her status is like that of another yevamah, and she may perform either chalitzah or yibbum. For there is no possibility of [a prohibition being involved].¹⁷I.e., if the brother's consecration was effective, then the yavam is performing a mitzvah, and if it was not effective, he has no ties to the woman at all, and he may consecrate her as he consecrates any other woman (Yevamot 41b).

Similarly, the wife of a deaf-mute,¹⁸Although the marriage of a deaf-mute is not binding according to Scriptural law, his brother may still perform yibbum. an elderly woman or a woman who has become barren are like other yevamot. The yavam may perform either chalitzah or yibbum, as he desires. [The rationale is that] the elderly woman and the woman who has become barren were once fit [to bear children].

8. The following are not obligated to perform either chalitzah or yibbum: the wife of a saris chamah or the wife of an androgynous, the wife of a mentally incompetent person or the wife of a minor, an aylonit, or a woman forbidden [to her yavam] as one of the arayot.

[The rationale for these laws is as follows. Deuteronomy 25:6 states that yibbum was instituted:] "So that the name of [the deceased] not be obliterated within Israel."¹⁹Note the Rambam's Commentary on the Mishnah (Yevamot 2:3), where he cites a different proof-text for this concept, one that is not mentioned in other Rabbinic sources. This excludes the wife of a saris chamah or the wife of an androgynous, for their names are "obliterated" by nature. Since they are inherently unfit to father children, they are considered to be a separate category.

[The verse continues:] "And the firstborn that she bears." This excludes an aylonit, who is, by nature, incapable of bearing a child.

It is written [ibid:5]: "The wife of the deceased...." This excludes the wife of a mentally incompetent person or the wife of a minor - for with regard to them, there is no concept of marriage at all.

[The verse continues:] "And he will take her as a wife." This excludes a woman forbidden [to her yavam] as one of the arayot, for she cannot be taken as a wife.²⁰For a positive commandment does not supersede the observance of a negative commandment punishable by karet. Although it is not necessary to mention a proof-text for this concept, the Rambam does so, because it represents the simple meaning of the passage from the Torah (Maggid Mishneh; Kin'at Eliyahu).

9. How is it possible for a woman to be forbidden [to her yavam] as one of the arayot?²¹And yet to be permitted to her deceased husband, so that her original marriage was binding (in contrast to the instances mentioned in Halachah 12). For example, [the yevamah] was the sister, the mother, or the daughter of [the yavam's] wife. Such a woman is not obligated to perform either chalitzah or yibbum at all and is under no obligation to [the yavam], as implied by the verse: "And he shall take her as a wife, thus performing yibbum." Only a woman who is fit to be married, and whose consecration [by the yavam] is binding is obligated to perform yibbum.

10. If the yevamah was forbidden to her yavam because of a negative commandment or a positive commandment, or she was one of the sh'niyot, she should perform chalitzah, but not yibbum.

Why is she obligated to perform chalitzah? Because she is fit to be married, and her consecration [by the yavam] would be binding.²²Nevertheless, after engaging in relations once to fulfill the mitzvah of yibbum, the yavam would be obligated to divorce the yevamah, as evident from Hilchot Ishut 4:14. Therefore, she is under obligation to the yavam. And according to law, she should perform yibbum, for yibbum is a positive commandment, and whenever the observance of a positive commandment conflicts with the observance of a negative commandment, the positive commandment takes precedence.²³Note the statements of the Beit Shmuel 174:3, who connects this concept with the difference of opinion between the Sephardic and Ashkenazic authorities with regard to which takes precedence: yibbum or chalitzah. (See the notes on Chapter 1, Halachah 2.) Nevertheless, our Sages decreed that neither woman with whom relations are prohibited by a negative commandment, nor sh'niyot²⁴The commentaries raise the question of why, in this clause, the Rambam omits the mention of women with whom relations are forbidden by virtue of a positive commandment. They explain that his omission holds the key to the comprehension of a more general question.

Although the observance of a positive commandment supersedes the observance of a negative commandment, the observance of one positive commandment does not supersede the observance of another positive commandment. And therefore, the question arises: Why does yibbum establish a binding marriage bond when the transgression of a positive commandment is involved? Such a transgression is not mandated by law.

The commentaries explain that indeed the yavam should not - even according to Scriptural law - perform yibbum in such a situation, and therefore the Rambam omits mention of those forbidden by a positive commandment in this clause. If, however, the yavam does violate the positive commandment, the marriage bond created is binding. For just as the positive commandment of yibbum is not greater than the positive commandment involving the prohibition, the positive commandment involving the prohibition is not greater than the positive commandment of yibbum. See the conclusion of the Responsa of the Noda Biy'hudah on Choshen Mishpat and the commentary of the Or Sameach on this halachah. should perform yibbum, lest [the yavam] engage in relations with her a second time. [At that time,] relations with her are forbidden, and there is no mitzvah, for the positive commandment [of yibbum] applies only with regard to the first time [the couple] engage in relations.

Therefore, if [the yavam] transgresses and engages in relations with a yevamah who is forbidden to him because of a negative commandment or because of a positive commandment, he acquires her [as his wife] in definitive manner and must divorce her with a get. Needless to say, [this ruling applies] with regard to a sh'niyah.²⁵In which instance the prohibition against further relations is merely Rabbinic in origin. [After the divorce, the yevamah] and all the other wives [of the deceased] are permitted to marry other men, for they have been released of their obligation.

11. When a yevamah has been widowed after her marriage [to the deceased] had been consummated, and a High Priest performs yibbum with her, the other wives [of the deceased] are not released from their obligation. [The rationale is that a positive commandment does not supersede a negative commandment and a positive commandment.²⁶I.e., the positive commandment of yibbum does not supersede both the prohibition against a High Priest's marrying a widow, and the positive commandment that he must marry a virgin. For this reason, this halachah mentions an instance when the woman's marriage was consummated. If she became a widow when she had merely been consecrated, only a negative commandment is involved, and the laws mentioned in the previous halachah apply. [Therefore,] he does not acquire [the yevamah as a wife] in a definitive manner, and as such, another wife [of the deceased]²⁷The commentaries infer that the Rambam's wording implies that if the High Priest divorces the woman, she herself may marry others; she does not require chalitzah. See the conclusion of the gloss of the Beit Shmuel 174:3. is not permitted to marry another man until she performs chalitzah [herself].

12. [The following principle applies when] a yevamah was forbidden to her [deceased] husband as one of the arayot - e.g., he transgressed or he erred and married his paternal sister, and she is now under obligation to his brother.²⁸Who is also her brother. She is not considered to be [the deceased's] wife, for his consecration of her is not binding. [As such,] she is neither obligated to perform yibbum nor chalitzah.

If [the deceased] had another wife, the other wife must perform either chalitzah or yibbum. If the woman who was forbidden to her [deceased] husband as one of the arayot is permitted to the yavam,²⁹E.g., the deceased brother married his maternal sister. She has no family connection whatsoever to the surviving brother, and he is permitted to marry her. and the yavam desires to marry her and also to perform yibbum with another wife [of the deceased], he has that option.³⁰It is not as if he married two yevamot from the same household, because the woman who was forbidden to the deceased is not considered part of his household.

13. When a yevamah is forbidden to her husband because of a negative commandment or a positive commandment,³¹An example of a negative commandment incumbent on the deceased, but not on the yavam, would be a High Priest who married a widow. His brother, an ordinary priest, is not bound by that prohibition. An example of a positive commandment incumbent on the deceased, but not on the yavam, would be a High Priest who married a woman who had engaged in relations previously. His brother, an ordinary priest, is not bound by that prohibition. or she is a sh'niyah with regard to him,³²For example, the deceased married his maternal grandmother, who is forbidden to him as a sh'niyah. If the deceased has a paternal brother who had a different mother, that brother is a yavam and there is no prohibition against his marrying his brother's grandmother. but is not forbidden to the yavam for these reasons, she is permitted to perform yibbum. There is one exception - when the deceased remarried his divorcee after she had married another man. She should perform chalitzah and not yibbum.

Similarly, when there is a doubt whether a yevamah was forbidden to her [deceased] husband as one of the arayot, or³³Note the Kessef Mishneh, which suggests altering the text of the Mishneh Torah and substituting the word "and" for "or." For, as it explains, if the yevamah is not forbidden to the yavam, the fact that she was forbidden - or that there was a doubt whether she was forbidden - to her deceased husband does not prevent the yavam from marrying her, as stated in the previous halachah. there is a doubt whether she is forbidden to her yavam for that reason, she should perform chalitzah and not yibbum.

On this basis, [the following rules apply when] a man [attempted to] consecrate a woman, but there was a doubt regarding the status of the kiddushin, and afterwards, his brother, who had been married to the sister [of the woman he intended to consecrate], died. He should perform chalitzah and not yibbum with the wife [of the deceased].³⁴For it is possible that his original kiddushin were binding, and by marrying the yevamah he will be transgressing the prohibition against marrying two sisters. And because of the doubt, he must divorce his wife with a get.

Both women are forbidden to him: his yevamah because there is a doubt whether she is an ervah, and the woman he consecrated because there is a doubt whether her status is that of one related to a woman with whom he performed chalitzah, who is forbidden as a sh'niyah is, as explained above.³⁵Chapter 1, Halachah 13. (See also Chapter 7, Halachah 8.)

If the kiddushin the yavam gave were definitely binding, the chalitzah would be of no consequence, because the yevamah would not be obligated to him at all. Nevertheless, since that has not been established definitively, the chalitzah is necessary, and as a consequence, the yavam must divorce the woman whom he originally desired to marry.

14. [The following principle applies when a man's] brother dies [childless] leaving two wives: one forbidden to [the yavam] as an ervah,³⁶But not to the deceased - e.g., the yavam's daughter. and one who is not forbidden in this manner. Just as the woman who is forbidden is not under the obligation to perform chalitzah or yibbum, so too, [the deceased's] other wives are not obligated.

This household is not under any obligation [to the yavam], as our Sages derived from [Deuteronomy 25:9]: "...Who did not build his brother's house": [Women from] a household from which he can take [any wife] he desires is under obligation [to the yavam]. But if he cannot "build" a portion of the household - i.e., he is forbidden to marry the woman - he should not "build" even the portion that is permitted to him.

Thus, [when one of the wives of the deceased] is forbidden to [the yavam] as an ervah, the other wife also remains forbidden to him as an ervah. [She is still forbidden as] his brother's wife, for she is not under any obligation at all to him.

15. Accordingly, [the following rules apply when] Reuven dies [childless], leaving two wives, one of whom is forbidden as an ervah to [his brother] Shimon, and both are fit to marry [his brother] Levi.³⁷E.g., Reuven married Shimon's daughter. She is thus forbidden to Shimon and permitted to Levi. [The wives of] this household are under no obligation at all to Shimon, and both are under obligation to Levi.

[The following rule applies if] Levi performed yibbum with the woman who was married [to Reuven] but who was not an ervah to Shimon, [Levi] had another wife, and then he died [childless], and both women fell before to Shimon. They are both free of the obligation to perform either chalitzah or yibbum with Shimon.³⁸If Levi had another brother, they would, however, be under obligation to him. [Levi's yevamah] is forbidden because she was married to the same man as was a woman forbidden [to Shimon] as an ervah, and the other wife is forbidden because she was married to the same man [as the yevamah].

This principle applies whenever a woman is married to the same man as a woman who was the other wife [of a woman forbidden to the yavam] and to any further extension of this principle.³⁹I.e., if Reuven, Shimon, and Levi had another brother and he performed yibbum with the woman who was not previously married to Reuven, that brother had another wife, and then he died without children - his wives are also under no obligation to Shimon. Since one of the wives was once freed from an obligation to him, even if she remarries she can never be obligated to him. Moreover, she frees all the other wives of her second husband from an obligation to him. As long as a woman is under no obligation [to her yavam], she remains forbidden to him as his brother's wife.

16. Similarly, the wife of a brother who died before [his younger brother was born is forbidden to him]. She is under no obligation to him, as implied by [Deuteronomy 25:5]: "When brothers dwell together," interpreted to mean: when they live at the same time. She remains forbidden to him forever, and she frees all of her husband's other wives from an obligation to him.

17. What is implied? Reuven died [childless], leaving a wife who fell before Shimon [his brother]. After Reuven died, whether before Shimon performed yibbum with Reuven's wife or afterwards, Levi [another brother] was born.

Reuven's wife remains forbidden to Levi as an ervah forever. Therefore, if Shimon dies [childless], and this woman and another woman [who was married to Shimon] fall before Levi, neither are obligated to perform chalitzah or yibbum.

18. [Moreover,] if Shimon [merely] gave a ma'amar to his yevamah, Reuven's wife, and died before he consummated his relationship with her, Levi should perform chalitzah with [Shimon's] other wife, but not yibbum. [The rationale is] that a ma'amar does not establish a completely binding relationship with a yevamah, as we have explained.⁴⁰Chapter 5, Halachot 2-3.

Through the ma'amar, Shimon established a connection with his yevamah. Therefore, our Sages ordained that Levi should not perform yibbum with Shimon's wife. Nevertheless, since Shimon did not establish a marriage that was binding according to Scriptural law with his yevamah, Levi is required to perform chalitzah with Shimon's wife.

The Kessef Mishneh (in its gloss on Halachah 10), notes that - as reflected in Halachah 25 - even if Shimon did not give a ma'amar to Reuven's wife, the very fact that she is under obligation to him is sufficient cause for Levi to be prohibited from performing yibbum with her. The Rambam did not mention this concept in this halachah, because: a) he was quoting the Mishnah (Yevamot, Chapter 1), and b) he wanted to emphasize that even if Shimon gave Reuven's wife a ma'amar, Levi is still obligated to perform chalitzah with Shimon's wife. The ma'amar does not free her of obligation entirely.

19. When a woman willingly commits adultery while married to her husband, and [her act is observed by] witnesses [he is required to divorce her].⁴¹See Hilchot Ishut 24:18. If he died [childless] before he divorced her, and she fell before a yavam, she is not obligated to perform chalitzah or yibbum. Moreover, [her deceased husband's] other wives are also [not obligated to perform chalitzah or yibbum], as if she were forbidden to the yavam as an ervah. For just as impurity is mentioned with regard to the arayot,⁴²As Leviticus 18:24 states: "Do not become impure through any of these [forbidden relationships]." so too, that term is mentioned with regard to such a woman, as [Numbers 5:13] states: "And she became impure."⁴³The Ra'avad differs with the Rambam regarding this matter and maintains that just as the woman's husband would have to give her a get to terminate their relationship, so too, her yavam must perform chalitzah with her. The Shulchan Aruch (Even HaEzer 173:11) follows the Rambam's ruling, while the Ramah mentions that of the Ra'avad.

When, however, the husband of a sotah dies [childless] before he has caused her to her drink the bitter waters,⁴⁴A sotah is not given the bitter waters to drink after her husband's death, as stated in Hilchot Sotah 2:7. or if the woman must be divorced instead of drinking the bitter waters,⁴⁵As explained in Hilchot Sotah 2:2, there are some women whose fidelity should be tested by the bitter waters. Nevertheless, because of certain incidental factors, she is not given these waters to drink and instead must be divorced by her husband. she should perform chalitzah, but not yibbum.⁴⁶According to the Rambam, the difference between these two instances is that the infidelity of the sotah has not been proven, while in the former case, the woman's infidelity is an established fact. Similarly, if [her deceased husband] had another wife, that woman is permitted [to the yavam] and may perform chalitzah or yibbum.

20. Similar rules [apply] if two yevamot come from one household and one of them was a sh'niyah to the yavam, [forbidden to him because of] a negative commandment or a positive commandment, or an aylonit - another wife of [her deceased husband] is permitted [to the yavam] and may perform chalitzah or yibbum.

[Different rules apply, however, when a yavam] performed chalitzah with his yevamah, and then the sister, the mother, or another [close relative] of the woman with whom he performed chalitzah married another one of his brothers, that brother has another wife, and [the brother] dies [childless].⁴⁷Although Rashi offers a different interpretation for this concept, the halachic authorities follow the Rambam's view. Just as the close relative of the woman with whom he performed chalitzah is forbidden to him, so too, is the other wife forbidden to him. Their status is like sh'niyot, and they should perform chalitzah, but not yibbum.

Why did the Sages forbid [marriage] to a close relative of a woman with whom one performed chalitzah? Because it is difficult to distinguish her from a woman married to the same man as a woman with whom one performed chalitzah.⁴⁸If the relatives of a woman who performed chalitzah were permitted, one might think that another woman who was married to the deceased husband of the woman who performed chalitzah would also be permitted.

21. When two yevamot come from one household and one of them was forbidden to the yavam as an ervah, but she was also an aylonit, the other wife of [the deceased husband] is permitted [to the yavam] and may perform chalitzah or yibbum. [The rationale is that] since the laws of yibbum and chalitzah do not apply with regard to an aylonit, it is as if she did not exist, and the obligation [of yibbum] falls on the other wife alone.

Similarly, if [the deceased] brother divorced the woman forbidden as an ervah or she dissolved their marriage through] mi'un before he died, or she died during the lifetime of the deceased brother, and then he died, his other wife is permitted and should perform either chalitzah or yibbum. We do not say that since she was married to the same man as an ervah once, she remains forbidden forever. For a woman married to the same man as an ervah does not become forbidden [to the yavam] unless they were [both married to the same man at the time of his death, when] the obligation of yibbum takes effect.

22. [In the situation mentioned in Halachah 14,] if there was a doubt regarding the status of the kiddushin of [the woman] who was forbidden to the yavam as an ervah or there was a doubt that she was divorced, the other wife [of the deceased brother] should perform chalitzah, but not yibbum.⁴⁹Since it is possible that the ervah was never married to the deceased, or that her marriage was already terminated, the yavam must perform chalitzah to enable the other wife to remarry. He may not, however, perform yibbum, for it is possible that the marriage of the ervah was effected by the kiddushin or not terminated by the divorce, in which instance, the yavam would be forbidden to have relations with the other wife of his deceased brother, as stated in Halachah 15.

[The same ruling applies if the woman who was forbidden] was a minor who is fit to absolve her marriage through mi'un, if she did not dissolve her marriage [to the deceased] brother during his lifetime, even though she did dissolve her obligation to] the yavam through mi'un,⁵⁰The minor nullifies her marriage retroactively through mi'un, and it is as if she had never been married at all. As such, the obligation of yibbum falls on the other wife. Nevertheless, since this halachic concept might not be known to all, our Sages forbade the other wife of the deceased from performing yibbum, lest the impression be created that a woman married to the same man as an ervah is also permitted (Yevamot 13a, 107b). another woman married to her husband must perform chalitzah; she may not perform yibbum.

23. [In the situation mentioned in Halachah 14,] if the other woman [married to the deceased brother] married another man, and then it was discovered that [the woman forbidden to the yavam as] an ervah was an aylonit,⁵¹The other wife of the deceased was under the impression that she did not require chalitzah to be released, as stated in Halachah 15. Afterwards, it was discovered that the woman forbidden to the yavam as an ervah was an aylonit, in which instance the obligation of yibbum falls solely on the other wife, as stated in Halachah 21. Thus, her second marriage involves a transgression and must be terminated. (See Chapter 2, Halachah 18.) Nevertheless, a child fathered by her second husband is not considered illegitimate, because the negative commandment violated is not punishable by karet. the woman who married must be released by both her [second] husband and her yavam. Her [second] husband must divorce her with a get, while her yavam must perform chalitzah with her. [In this way,] she is permitted to marry another man.

24. [In the above situation], if the yavam performed yibbum with the other wife of the deceased, because he thought that the woman forbidden to him as an ervah was an aylonit, and it was discovered that she was not an aylonit, the yavam must divorce [the woman with whom he performed yibbum] with a get.⁵²The Or Sameach explains that ordinarily, when a woman is prohibited as an ervah, a get is not necessary. Nevertheless, an exception is made in this instance, lest people think that the deceased divorced his other wife before his death, and the act of yibbum was binding.

The Tur (Even HaEzer 173) maintains that a get is not required, and indeed suggests that this is also the Rambam's intent, but the text of the Mishneh Torah was flawed by a printer's error. The Shulchan Aruch (Even HaEzer 173:9) does not require a get. Any child [she bears him] is illegitimate.⁵³As stated in Halachah 14, the prohibition against relations with a brother's wife applies in such an instance. This prohibition is punishable by karet. Hence, any child born to this couple - whether before or after he discovers that the ervah was an aylonit - is illegitimate.

25. [In the following situation, chalitzah and not yibbum is required.] There were three brothers. Two were married to two sisters, and one was married to a woman who did not share a family connection. If the brother married to the woman who was not related died [childless], and then one of the brothers married to one of the sisters died [childless], [the remaining brother] should perform chalitzah but not yibbum, with the woman who did not share a family connection⁵⁴His wife's sister, by contrast, need not perform yibbum or chalitzah. She is free to marry any man.. [The rationale is that] she was obligated to the second brother, and his other wife was the sister [of the surviving yavam's] wife.⁵⁵With regard to yibbum, the obligation to perform yibbum is powerful enough to have the woman considered the wife of a man whose other wife is an ervah to the yavam. Nevertheless, this comparison is not complete. For since the deceased brother never actually married her, she is obligated to perform chalitzah.

Moreover, even if one of the brothers who married one of the sisters divorced his wife after the brother married to the woman who was not related died [childless], and then he himself dies [childless], [the remaining brother] should perform chalitzah, but not yibbum, with the woman who did not share a family connection. Since there was even one moment when this woman was obligated to the second brother while his other wife was the sister [of the surviving yavam's] wife [this prohibition was enforced].⁵⁶The Ra'avad and others differ with the Rambam regarding this issue, maintaining that the prohibition is not applied when the second brother divorces his first wife. For if [he] were [allowed to] perform yibbum with her, it is possible that [in such a situation, a brother] might perform yibbum with such a woman even when the second brother who died did not divorce his wife.

26. Why was this decree not applied when a marriage was involved? For example, if [a brother is married to two women,] one of them is forbidden [to his brother] as an ervah and one is not. If he divorces the wife who is forbidden and then dies childless, [the surviving brother] may perform yibbum with the wife [of the deceased brother], as we have explained.⁵⁷See Halachah 21.

[The distinction is that] the prohibition against [performing yibbum] with a wife [of one's deceased brother] when one of his wives is forbidden [to the yavam] as ervah is known by all.⁵⁸And, as reflected in Halachah 14, it is of Scriptural origin. Thus, if [the deceased brother] did not divorce the woman forbidden [to the yavam], no one would allow him [to perform yibbum with his brother's] other wife. The prohibition against [performing yibbum with] a woman who was obligated to [a man whose] other wife is forbidden [to the yavam] is not known to all, and it is possible that [in such a situation, a brother] might be allowed to [perform yibbum with] such a woman even when [the second brother who died] did not divorce the forbidden woman.

27. [In the following situation, chalitzah and not yibbum is required.] There were three brothers, all married to women who did not share any family connection. One of the brothers died [childless]. Another gave his yevamah a ma'amar, but died [childless] before he consummated his marriage to her. Thus, this woman and the wife of the second brother fell before the third brother.

These women should perform chalitzah, but not yibbum, because the woman who was given the ma'amar has two obligations for yibbum incumbent on her.⁵⁹I.e., since she did not perform yibbum with the brother who gave her the ma'amar, she is still obligated to perform yibbum because of her first husband, and since a ma'amar is considered equivalent to consecration, she is also obligated to perform yibbum because of the second brother who died. As such, it is as if she had been married to two men. Our Sages interpreted the phrase [Deuteronomy 25:5] "the wife of the deceased," as a restriction. [One may perform yibbum with the wife of one deceased man,] but not [the wife of] two deceased men.⁶⁰If, however, the second brother performed yibbum before dying, this restriction does not apply.

Therefore, whenever a woman has two obligations for yibbum incumbent on her, she should perform chalitzah, but not yibbum. The same applies to the woman married to [the second brother who died]. The prohibition [against performing yibbum with these women] is Rabbinic in origin.⁶¹It was stated above that the prohibition against marrying a woman who is obligated to perform yibbum because of two men is derived from a verse. Nevertheless, as reflected by the fact that chalitzah is required (Yevamot 31b), that verse is only an asmachta, a support. The source of the prohibition is Rabbinic in origin. (Note Tosafot, who differ and maintain that the prohibition is of Scriptural origin.)

28. Why does [the yavam] not merely perform chalitzah with the woman who was given the ma'amar and is thus obligated to perform yibbum because of two men, and then perform yibbum with the [first] wife of [the deceased brother]? This is a decree instituted so that people will not say that when there are two yevamot coming from one household, one should perform chalitzah and the other yibbum.⁶²See Chapter 1, Halachah 12, which states that once a yavam has foregone the privilege of yibbum by performing chalitzah, neither he nor his brothers may perform yibbum with any of the wives of that brother. For this reason, [the Sages] forbade [performing yibbum with the deceased's first] wife.

29. [In the above instance, if the second brother] gave his yevamah a ma'amar and then gave her a get [to nullify] the ma'amar, [different rules apply] if he dies. [The woman] becomes permitted [to the third brother], for the ma'amar that caused her to be forbidden was nullified. He may perform either chalitzah or yibbum with her.⁶³For the only obligation incumbent on her is due to the brother who died first. The third brother must also perform either yibbum or chalitzah with the wife of the second brother.

30. [In the following situation, chalitzah and not yibbum is required. A yavam] who is below the age of majority, [but more than] nine years and one day old, enters into relations with his yevamah and dies before he attains majority. She then becomes obligated for yibbum to the minor's older brother for a second time. She should perform chalitzah, but not yibbum. As we have explained,⁶⁴Chapter 5, Halachah 18. relations in which a minor engages are considered equivalent to a ma'amar given by [a brother] past majority. Hence, the woman has two obligations for yibbum incumbent on her.

31. [The following rule applies when] a woman who was half [a Canaanite] maid-servant and half a freed woman⁶⁵E.g., a Canaanite maid-servant who was owned by two partners, and one partner set her free, but the other did not. was consecrated by Reuven. She was then given her freedom and was consecrated by [Reuven's brother,] Shimon. Afterwards, both [brothers] died. Levi, [a third brother, may] perform yibbum with [this woman]; she is not considered to be "the wife of two deceased men." For if her consecration by Reuven is effective, her consecration by Shimon is of no consequence.⁶⁶The consecration of such a woman is discussed in Hilchot Ishut 4:16. And if her consecration by Shimon is effective, her consecration by Reuven is of no consequence.