Hilchos Yibbum VaChalitzah

Chapter 1

All halachos

When the bond arises and how it is resolved

This chapter defines when a childless husband’s death binds his widow to a surviving paternal brother, and when surviving descendants remove that obligation. It then examines multiple widows, the effects of and , and the waiting required when pregnancy or parentage is uncertain.

פרק א23 halachosMonday, October 5, 2026כ״ד בתשרי תשפ״ז◷ Estimated study time: 100–130 min

אTap any Hebrew word to see its meaning and how it works in the phrase.

The Laws of and

These laws include three : two positive commandments and one negative commandment. Their details are as follows:

1. To perform ;

2. To perform ;

3. That a may not marry an unrelated man until the ’s bond over her has been removed.

A is a woman whose husband died childless and who is consequently subject to the laws of or with his brother.

A woman who is eligible for is called — bound to the .

The ’s bond to her is called .

Here, refers to the legal connection created automatically by the husband’s childless death. Until that bond is resolved through or , she is not free to marry someone else.

The explanation of these follows in these chapters.

BackgroundThe three questions that organize this chapter

Most of this chapter can be followed by asking three questions:

1. Did the deceased leave surviving offspring? If yes, there is generally no obligation.

2. Is there a recognized paternal brother? If not, there is no .

3. If a exists, how is it resolved? Either through or through .

The later examine unusual cases that affect one of these three questions — such as pregnancy, uncertain viability, minors, multiple wives, or unusual family relationships.

הלכה א

With a Paternal Brother’s Widow

It is a positive commandment for a man to perform with the wife of his paternal brother,

Only brothers who share a father are included in the ’s law of . A brother related only through the mother does not create a obligation.

whether she had been married to the deceased through or only to him through ,

The obligation does not depend on whether the first marriage had already reached the stage of . Even if only had taken place, she was his wife and the laws of apply.

if he died without offspring,

As the coming explain, “offspring” includes more than a surviving son.

as it is stated: “And he has no son… her shall come to her” ( 25:5).

According to law, the does not need to perform with his ,

because she is the wife whom Heaven has acquired for him,

Her connection to the was not created by an ordinary act of . It arose automatically through the ’s law of when her husband died childless.

rather, he consummates the through marital relations with her.

Her remains secured by the estate of her husband who died.

BackgroundWhy continues the deceased’s household

explains that the widow and the deceased’s brother each shared an especially close connection with the deceased. Their union through can therefore continue his household and preserve his memory. The Chinuch also indicates that deeper mystical ideas underlie this .

The explains in the that this type of marriage existed before the was given, as reflected in the account of ’s family in Bereishis 38, and that the allowed the practice to continue as the of .

Synopsis

When a paternal brother dies without offspring, his widow becomes subject to . law does not require new ; the bond arises automatically, and the itself is completed through marital relations.

הלכה ב

When Is Not Performed

If he does not wish to perform , or she does not wish to undergo ,

The recognizes the woman’s refusal as sufficient reason not to proceed with ; she is not forced to marry the .

he performs with her,

ends the that has bound her to the .

and afterward she becomes permitted to marry another man.

Until has taken place, the bond to the prevents her from marrying someone outside the family.

It is a positive commandment to perform when he does not wish to perform ,

as it is stated: “She shall remove his shoe,” and so forth ( 25:9).

Although the woman performs central actions in the ceremony, the is counted as the ’s . It is his right to perform that relinquishes, thereby ending the bond between them.

The of takes precedence over the of .

Synopsis

If either the or the does not wish to proceed with , releases her from the and permits her to marry elsewhere. In the ’s ruling, itself takes precedence over .

🔎Dig Deeper When Is Not Performed

When Is Not Performed

The records a dispute over which should receive practical preference. maintains that if is performed for personal motives rather than for the , there is a serious concern because the original prohibition against marrying one’s brother’s wife has not been completely removed.

The Sages disagree. In their view, once the brother dies childless and the of applies, the original prohibition is removed. The rules in accordance with this approach and therefore states here that takes precedence even if the also has personal motives for the marriage.

The records the Rambam’s view, while the follows the authorities who prefer unless the is certain that the participants intend solely for the . In current practice, is generally performed rather than , even in communities.

Sources: 39b; , 165:1; Rema, 165:1.

The Rebbe’s guidance: Learn in depth

The Rebbe ExplainsTorah takes a person’s will into account

Torah takes a person’s will into account

The rules that if the does not wish to perform — or if the does not wish to proceed — he performs instead. Yet the immediately adds that the of takes precedence over the of .

The Rebbe points to the ’s wording concerning : “If the man does not desire to take his …” Although the commands , it nevertheless provides when is not desired. This shows that the takes the person’s will into account — here, the will of the , and, as reflected in the ’s ruling, the will of the as well.

At the same time, the Rebbe emphasizes that this consideration of human will operates within the ’s own framework. A person’s preference does not redefine the . Thus, even though is available when is not wanted, the still rules that is the primary and takes precedence.

Indeed, according to the , retains this precedence even if the ’s intention is not purely for the sake of the . The takes the person’s will into consideration, while the structure of the remains defined by itself.

Sources

5751, vol. 2, pp. 849–850, note 120, in connection with 1:2. · Read source ↗

הלכה ג

Any Surviving Descendant Prevents

Regarding the ’s statement, “And he has no son” ( 25:5):

a son and a daughter are treated alike,

The ’s word in this context does not restrict the rule to a male child. Any surviving child prevents .

as are the descendants of a son or the descendants of a daughter.

A surviving grandchild or later descendant likewise counts as the deceased’s offspring.

Since he has surviving offspring of any kind,

whether from this wife or from another woman,

The relevant question is whether the deceased left offspring, not whether the widow herself bore his child.

that descendant exempts his wife from both and .

If the deceased once had children but none of them, nor any of their descendants, remained alive when he died, his widow is not exempt on their account.

Even if his surviving offspring is a or one who worships idolatry,

that offspring exempts his wife.

The issue is whether the person is considered the deceased’s descendant. Other deficiencies in the descendant’s personal status do not erase that family relationship.

Synopsis

Any surviving descendant of the deceased — male or female, near or remote, and even one with a deficient personal status — exempts his widow from both and .

Picture the CaseA concrete example + illustration

dies and leaves no living children, but his daughter had a son who is still alive. ’s widow does not require either or . The surviving grandson is ’s descendant, even though the relationship passes through ’s daughter.

Reuven, deceased, has a deceased daughter whose son survives. The surviving grandson is Reuven’s descendant, so Reuven’s widow needs neither yibbum nor chalitzah. — Follow the descent through ’s daughter: a surviving grandson counts as his descendant.

הלכה ד

Children Whose Lineage Does Not Follow the Father

But a son born to him from a maidservant or from a non-Jewish woman does not exempt his wife from or .

This differs from the previous because here the child is not regarded as the father’s descendant for these laws.

For offspring born from a maidservant have the status of slaves,

and offspring born from a non-Jewish woman have the status of non-Jews,

and with regard to this paternal family relationship, they are regarded as though they do not exist.

The is speaking specifically about whether they are legally considered this man’s offspring for the laws of . He is not saying that they literally have no personal or existence.

Regarding a maidservant, Scripture states: “The woman and her children shall belong to her master” ( 21:4),

teaching that her child has the same status as she does.

Thus, for this lineage, the child’s status follows the mother and he is not regarded as the biological father’s son.

And regarding a non-Jewish woman, Scripture states: “For he will turn your son away from following Me” ( 7:4),

indicating that he is removed from being counted as part of the Jewish congregation.

Even if his son from the maidservant is later freed, or his son from the non-Jewish woman later converts,

they are regarded like other converts and freed slaves,

and they do not exempt his wife from or .

Their later change of status does not retroactively establish the paternal family relationship that was absent at birth.

Thus, if a man had a son from his maidservant and freed the son,

and he also freed the mother and married her,

and then died without other offspring,

this woman is subject to with his brother,

even though her son by the deceased is alive and had already been freed.

The crucial point is the child’s status at birth. Since he was born while his mother was a maidservant, he was not established as the biological father’s son for these laws. Freeing him later does not change that lineage retroactively.

Synopsis

A child whose lineage does not follow his biological father does not exempt the father’s widow from . A later conversion or emancipation does not retroactively create that paternal relationship.

Picture the CaseA concrete example

A man fathers a child with his maidservant. He later frees both mother and son, marries the mother, and eventually dies without any other children. Although the son is alive and free when the father dies, the widow is still subject to , because that son was not established as the man’s son at birth.

הלכה ה

A Child Born After the Father’s Death

If a man dies leaving his wife pregnant:

if she miscarries after his death,

she remains subject to .

Since no surviving child resulted from the pregnancy, the deceased is regarded as having died without offspring.

But if she gives birth and the child emerges alive into the world,

even if the child dies at the time of birth,

his mother is exempt from both and .

On the level, once the child is born alive, the deceased has left offspring and the widow is exempt, even if the child dies immediately. The now explains that Rabbinic law requires additional certainty that the child was viable.

By Rabbinic law, however, this applies only when it is known with certainty that the child completed its full term and was born after nine complete months.

When the child’s full-term status is certain, its brief survival does not raise a concern that it was a nonviable birth.

But if it is not known after how many months of pregnancy the child was born:

if the child survives for thirty days,

the child is regarded as viable,

and exempts his father’s wives from both and .

Surviving thirty days resolves the uncertainty about the child’s viability for these laws.

But if the child dies within the thirty days, even on the thirtieth day,

whether the child died from illness,

or fell from a roof, or was eaten by a lion,

Even when an external event clearly caused the child’s death, the child did not survive the required thirty days. Its underlying viability therefore remains uncertain.

there remains a doubt whether the child was a nonviable birth or a viable child.

A is a newborn whose birth is not established as viable.

Therefore, by Rabbinic law, his mother performs but does not undergo .

The two sides of the doubt point in opposite directions. If the child was nonviable, the mother requires or . If the child was viable, she was never subject to at all, and relations with the would remain forbidden as relations with her husband’s brother. therefore releases the possible bond without risking a forbidden .

Synopsis

If the deceased leaves a pregnant wife, the child’s birth and viability determine whether she requires . A clearly viable child exempts her; when viability remains doubtful because the child dies within thirty days, she performs but not .

Picture the CaseA concrete example

dies while his wife is pregnant. The length of the pregnancy is uncertain. She gives birth to a living baby, but the baby dies two weeks later. Even if the death resulted from an accident rather than illness, the baby did not survive thirty days, so its viability remains doubtful. The widow therefore performs but may not proceed with .

🔎Dig DeeperA Child Born After the Father’s Death

A Child Born After the Father’s Death

The records that for this purpose it is sufficient to know that the pregnancy had entered its ninth month, rather than requiring certainty that nine complete months had elapsed.

The practical concern in the ’s final case follows from the uncertainty itself. If the child was viable, the widow was never subject to , so with the brother would be forbidden. If the child was a , however, the bond remained. For that reason, she performs to resolve the possible bond but does not perform .

Sources: Rema, 156:4.

The Rebbe’s guidance: Learn in depth

הלכה ו

Which Brothers Create the Obligation of

If a man has a brother of any status — even a or one who worships idolatry —

What matters is whether he is the deceased man’s brother. A deficiency in the brother’s personal status does not erase their family relationship.

whether the brother is a minor or an adult —

Even a minor brother creates the bond of . His age may prevent the obligation from being resolved immediately; the later explain when a minor’s has legal effect and that cannot be performed until adulthood.

provided that his head and the majority of his body emerged into the world before his brother died,

The brother must already have been born during the deceased brother’s lifetime. A brother born only after the deceased’s death does not create the obligation of .

he causes his brother’s wife to become bound by the obligation of .

The brother’s existence creates the between him and the widow, even if his present circumstances prevent from actually being carried out.

Although a or a Jew who worships idolatry can create this , that does not mean the widow should marry him through . In such a case, the obligation should instead be resolved through .

But if he had a brother born from a maidservant or from a non-Jewish woman,

he is not considered his brother for the family relationship required here,

and therefore does not cause the deceased’s wife to become bound by .

As in Halachah 4 regarding children, the biological relationship alone does not establish the required family connection.

Even if he was born after his mother converted or was freed,

since his conception took place before she entered that status,

he is not considered the deceased’s brother for these laws.

Thus, being born after the mother’s conversion or emancipation is not enough. For the paternal brotherhood required for , the relevant family relationship must already exist from conception.

Synopsis

Any recognized paternal brother who was already born before the deceased’s death creates the obligation of , regardless of his age or personal status. A biological brother whose status does not establish the required paternal relationship does not.

הלכה ז

Maternal Brothers Do Not Create

Maternal brothers are recognized as brothers with regard to the laws of mourning and with regard to their disqualification as relatives for testimony,

With regard to testimony, this means they may not testify in matters concerning one another because they are considered relatives.

but with regard to inheritance, or to and ,

they are treated as though this brotherly relationship does not exist,

This does not mean they are unrelated in every area of . It means that maternal brotherhood does not create the particular legal relationship required for inheritance or .

because the brotherhood relevant to these laws is established only through the father.

For , therefore, the deceased and the must share the same father.

Synopsis

Maternal brothers are recognized as brothers for mourning and are disqualified from testifying for one another as relatives, but they are not considered brothers for inheritance or . The brotherhood required for is paternal.

הלכה ח

Family Relationships After Conversion or Emancipation

For the laws of , converts who converted and slaves who were freed do not retain the brotherhood that existed before their conversion or emancipation,

and they are regarded as unrelated to one another for these laws.

Thus, two biological brothers who enter Jewish status through conversion, or who are freed from slavery, do not automatically retain their previous paternal family relationship for .

Even if one of them was conceived before his mother entered Jewish status but was born afterward,

while the second was both conceived and born after she entered Jewish status,

they are regarded as unrelated to one another for .

Because the first child was conceived before conversion, the paternal brotherhood required for was not established between him and a brother whose conception took place afterward.

Even if they are twins and were born after their mother entered Jewish status,

there is no brotherhood between them for the laws of ,

unless both their conception and their birth took place after she had entered Jewish status.

The decisive distinction is therefore not merely when the brothers were born. To establish the brotherhood required for , both conception and birth must take place within the family framework that exists after conversion or emancipation.

Synopsis

For , a biological relationship that predates conversion or emancipation does not by itself create the required brotherhood. Both conception and birth must occur within the later family framework.

הלכה ט

One Widow Represents the Deceased Brother’s Household

If a man had several wives and died,

marital relations for the purpose of with one of them, or with one of them, exempts all the others.

All of the widows belong to one deceased brother’s “household” for the laws of . A (“co-wife”) here means another wife of the same deceased husband who falls to together with her. Resolving the obligation through one widow resolves the of the entire household.

The may not perform with two of the widows,

as it is stated: “who did not build his brother’s house” ( 25:9),

he builds one house,

and he does not build two houses.

The verse defines the obligation as building one deceased brother’s “house.” Accordingly, is performed with one widow, not with two wives from that same household.

Similarly, if the deceased had many brothers,

one of the brothers performs or with one of the ,

and the remaining co-wives become permitted.

It is not necessary for each brother to act, nor for each widow to undergo a separate procedure. One valid or resolves the obligation of that entire deceased brother’s household.

Synopsis

When the deceased leaves multiple wives or multiple brothers, one valid or between one brother and one widow resolves the obligation for the entire household. is performed with one widow, not with two wives of the same deceased brother.

Picture the CaseA concrete example + illustration

dies childless, leaving two wives, and , and two brothers, and . If performs with , is also released from the bond. does not need to perform another with , because the obligation of ’s household has already been resolved.

Reuven dies childless leaving two wives, Leah and Rachel, and two brothers, Shimon and Levi. Shimon performs chalitzah with Leah. Both Leah and Rachel are released; Levi need not perform another chalitzah with Rachel. — Two co-wives belong to one deceased husband’s household. The valid in this case resolves that household’s obligation.

הלכה י

Choosing Whom to Release Through

If among these some are eligible to marry into the and others are already disqualified from doing so:

if the brother will perform ,

he may perform with whichever woman he chooses.

When is being performed, the concern created by does not arise, so he may choose whichever of the eligible widows he wishes.

But if he will perform ,

he should perform with the woman who is already disqualified from marrying into the ,

so that through he will not disqualify a woman who was otherwise eligible to marry into the .

A woman who undergoes becomes prohibited from marrying a by Rabbinic decree. Since with either widow releases the entire household, it should be performed with the woman who is already unable to marry a rather than unnecessarily limiting another widow’s future marriage possibilities.

Synopsis

If is performed, the may choose any eligible widow. If is performed, it should be done with a widow who is already disqualified from marrying a , so that another widow does not unnecessarily lose that eligibility.

🔎Dig DeeperChoosing Whom to Release Through

Choosing Whom to Release Through

44a applies this consideration here: since with either widow will accomplish the same release, it should be performed in a way that does not unnecessarily disqualify a woman from later marrying a .

The adds that this is not merely optional advice. should see that is performed in this manner, preserving the other widow’s eligibility for the when possible.

Sources: 44a; Beis Shmuel, 161:2.

The Rebbe’s guidance: Learn in depth

Live ItProtect someone else’s possibilities

Protect someone else’s possibilities

The says that when can be performed with either of two women, it should be done with the woman who is already unable to marry a . There is no reason to unnecessarily take away an opportunity that another person still has.

That sensitivity reaches far beyond this case. Sometimes we can accomplish what we need in more than one way, but one option creates an avoidable cost for someone else. trains us to notice that cost. Before choosing what is easiest for ourselves, we can ask whether there is a way to reach the same goal while preserving another person’s choices.

Try today

Before making one decision that affects someone else, ask: “Can I accomplish this without unnecessarily limiting them?”

Suggested reflection on 1:10.

The Rebbe’s guidance: Bring the daily learning into life

הלכה יא

When One Brother Faces Several Obligations

If several of a man’s brothers die and their wives fall before him for :

Each deceased brother creates a separate household and therefore a separate obligation.

if he is capable of performing with all of them and fulfilling his responsibilities toward them, he may perform with all of them;

This means that he is able to provide what a husband owes his wives, including their support, clothing, and .

Here, “all of them” means one widow from each deceased brother’s household. If one deceased brother left several wives, only one widow from that household undergoes or .

but if he cannot, he may perform with all of them,

or he may perform with whichever of them he chooses and with whichever of them he chooses,

one woman from each household.

Unlike several wives of one deceased brother, who together form one “house,” the widows of different deceased brothers belong to separate households. Each household must therefore have its own obligation resolved through either or .

Synopsis

When several brothers die childless, each deceased brother creates a separate obligation. One widow from each household must undergo either or .

Picture the CaseA concrete example + illustration

and both die childless, and each leaves a widow. Their surviving brother now faces two separate obligations. He may perform with both if he can fulfill his marital responsibilities toward both wives, perform with both, or perform with one and with the other.

Reuven and Shimon each die childless leaving a widow. Their surviving brother Levi faces two separate obligations. He can perform chalitzah with both, yibbum with both if he can meet his marital responsibilities, or yibbum with one and chalitzah with the other. — Compare Halachah 9: two deceased husbands mean two separate household obligations.

Live ItMatch commitments to responsibility

Match commitments to responsibility

The allows a man to perform with the widows of several deceased brothers only when he is capable of fulfilling his responsibilities toward all of them. Taking on the relationship also means taking on everything the relationship requires.

It is easy to be inspired by a new commitment while paying less attention to what maintaining it will demand. A new learning goal, project, responsibility at home, or communal role can be valuable—but accepting it responsibly means asking whether we can actually give it the time and consistency it deserves. Sometimes serving better means taking on more; sometimes it means caring properly for what is already ours.

Try today

Look at one commitment you are considering and ask whether you can realistically give it what it deserves.

Suggested reflection on 1:11.

The Rebbe’s guidance: Bring the daily learning into life

הלכה יב

What Happens to the Other Widows After or

When a man marries his through , her co-wives become forbidden to him and to the other brothers.

Once one widow has fulfilled the obligation of the deceased brother’s household, the other widows are no longer available for .

If he or one of his brothers has relations with one of her co-wives,

he violates a prohibition that has the status of a positive commandment,

as it is stated: “Her shall come to her” ( 25:5),

implying: to her, but not to her together with her co-wife.

A prohibition derived from a positive commandment has the status of a positive commandment.

The states the positively — “her shall come to her” — and from that limitation we learn that he may not also have relations with her co-wife. Because the prohibition is inferred from a positive command, it is classified as an rather than as an explicit negative commandment.

Similarly, when a man performs with his , both the herself and all her co-wives become forbidden,

to the brother who performed and to all the other brothers.

All of them are forbidden to the brothers by Rabbinic law, like ,

are relatives whom the Sages prohibited in marriage even though law itself does not classify them as forbidden relationships.

because once the brother died without offspring, the -level prohibition of his wives as forbidden relations was removed from all of them.

The original prohibition against marrying a brother’s wife was lifted when the of arose. After , the women become forbidden again, but according to the this later prohibition is Rabbinic rather than the original -level prohibition.

Therefore, performed with any of them takes effect, just as takes effect with .

Although such a marriage is prohibited, the prohibition is not one that prevents from taking effect.

Synopsis

After with one widow, her co-wives may no longer be taken through , and relations with them violate an . After , the and all her co-wives become Rabbinically forbidden to the brothers, but with them would still take effect.

🔎Dig DeeperWhat Happens to the Other Widows After or

What Happens to the Other Widows After or

The understands the prohibition against marrying a or her co-wife after as Rabbinic. He therefore treats the verse “who did not build his brother’s house” as a Scriptural support for that restriction rather than as the source of a separate prohibition.

The disagrees and understands the prohibition as law. Their disagreement concerns the legal severity and source of the prohibition, though both agree that after the brothers may not marry these women.

Sources: 10b; 40b; Ramban, additions to , negative commandment 14.

The Rebbe’s guidance: Learn in depth

הלכה יג

Relatives of a

When a man performs with his , just as she becomes forbidden to him, so do her close relatives,

such as her mother and her daughter.

The Sages treated the in this respect similarly to a woman who had actually been married to him and then divorced.

Similarly, she becomes forbidden to his son and to his brother.

This includes even a brother who had not yet been born during the lifetime of her deceased husband.

Even her more distant Rabbinically forbidden relatives become prohibited to him,

such as her daughter’s daughter’s daughter.

Similarly, she is forbidden to his son’s son’s son.

The general rule is that she is treated like a wife whom he divorced.

This comparison determines which relatives become forbidden following .

Similarly, if his dies while she is still bound to him by ,

he becomes forbidden to marry her close relatives,

as though she had been his wife and had died while married to him.

Although no actually took place, the existing is significant enough that the Sages prohibited these relatives to him.

This comparison also has its limits. After the dies, her sister is permitted to him, just as a man may marry his deceased wife’s sister after his wife has died.

All of these prohibitions are Rabbinic.

A man may, however, marry the sister of his ’s co-wife, or any of that co-wife’s other relatives.

The co-wife herself becomes forbidden after , as explained in the previous , but her relatives do not acquire the same status as the relatives of the woman with whom was actually performed.

Synopsis

creates Rabbinic restrictions similar to those following divorce: the and certain relatives on both sides become forbidden. Even a who dies while still bound by creates related restrictions, but the relatives of her co-wife remain permitted.

Picture the CaseA concrete example + illustration

performs with . may no longer marry , and may not later marry ’s mother or daughter. But if had a co-wife named , may marry ’s sister, because the special relative prohibitions extend from , the actual , not from her co-wife.

Levi performs chalitzah with Rachel, who had a co-wife Leah. Levi cannot marry Rachel, Rachel’s mother, or Rachel’s daughter. The special prohibitions do not extend from Leah, so Levi may marry Leah’s sister. — Track the actual : these special relative prohibitions extend from , not from her co-wife .

הלכה יד

Relatives of a Woman Still Bound by

A may not marry a close relative of the woman who is still bound to him by ,

such as her mother or her daughter,

As long as the remains, the has a sufficient connection to him that her close relatives are forbidden to him.

until one of his brothers performs with her,

or performs with her and thereby removes his from her,

Once another brother resolves the household’s obligation, this man is no longer bound to the .

and he may then marry her mother, her daughter, or one of her other relatives,

even though all of those relatives remain forbidden to the brother who actually performed or ,

as explained above.

The brother who actually performs the act remains subject to continuing restrictions: through the marriage relationship in the case of , and through the Rabbinic restrictions created by . For the other brother, however, the prohibition existed only because of the , so once that bond is removed, the relatives become permitted to him.

Synopsis

While a remains bound by , her close relatives are forbidden to each . Once another brother resolves the through or , those relatives become permitted to the brothers who did not perform that act.

הלכה טו

After She Is His Wife in Every Respect

If a man marries his through and later divorces her,

if he wishes to remarry her, he may do so,

Once has been completed, their relationship is no longer merely the special bond created by her first husband’s death.

because she is his wife in every respect,

establishes a full marriage between them.

and no trace remains of the prohibition that had originally applied to her because she was his brother’s wife —

neither by law nor by Rabbinic law.

One might have thought that the permitted the brother’s widow only long enough for the of to take place, and that if the marriage later ended, the original prohibition of a brother’s wife would return. The rules that this is not so. Once takes effect, that original prohibition is removed entirely.

Therefore, if the later divorces her, she has the same basic status toward him as another woman he divorced, and he may remarry her if no separate prohibition prevents it.

Synopsis

Once has created a full marriage, the woman is the ’s wife in every respect. If he later divorces her, the original prohibition of a brother’s wife does not return, and he may remarry her.

הלכה טז

A Minor and the Legal Effect of His Relations

We have already explained in that the marital relations of a boy who is nine years and one day old have significance;

this is a law received through the Oral Tradition.

Therefore, if a minor has relations with his :

if he is nine years and one day old, he maintains the relationship with her.

His relations have a recognized but incomplete effect; they do not establish the full marriage created by an adult ’s relations. Therefore, the other brothers do not simply take over the obligation in his place.

He may not, however, perform until he reaches adulthood and is examined for signs of physical maturity,

because the specifically uses the word “man” in the passage dealing with .

For , reaching the expected age is not enough by itself. His adulthood must be established through the required signs of physical maturity.

If he is younger than nine years and one day, his relations have no effect.

Even the relations of a nine-year-old do not create a complete acquisition of the .

The act is legally significant, but it does not establish the full marriage created by an adult ’s relations.

Therefore, his is not permitted to marry an unrelated man

until he has relations with her again after reaching adulthood,

or until she undergoes , as will be explained.

The minor’s first act is therefore neither meaningless nor sufficient to complete the marriage. After he reaches adulthood, the must either be completed through relations or the bond must be ended through valid .

Synopsis

Relations by a aged nine years and one day have legal effect but do not complete fully. cannot be performed until adulthood, and the is not free to marry elsewhere until the bond is properly completed or released.

Picture the CaseA concrete example

A ten-year-old boy is the only surviving paternal brother of a man who died childless. If he has relations with the widow, the act has significance, but it does not complete the marriage fully. After he reaches adulthood, the must either be completed through relations or the bond ended through valid .

הלכה יז

A Minor

Similarly, if the is a minor:

if the wishes to perform with her, he may do so.

The fact that she is a minor does not by itself prevent from taking place.

She may not, however, perform until she reaches adulthood and is examined for signs of physical maturity.

As with the , requires adulthood.

Even if she had relations after reaching twelve years of age,

she may not perform until she is examined and the required signs of maturity are found.

The point is that even circumstances that might ordinarily support a presumption that she has matured do not replace the specific examination required for .

Synopsis

A minor may undergo , but she may not perform until she has reached adulthood and the required signs of maturity have been verified.

🔎Dig DeeperA Minor

A Minor

One explanation, offered by , understands the relations mentioned above as having taken place with her first husband before his death; the offers another approach. also explains that this ruling contains a degree of leniency. A girl who is still a minor could later prove to be an , a woman who does not develop the usual signs of female maturity. If so, the of would not apply to her.

Nevertheless, because the overwhelming majority of girls do develop normally, the Sages did not require the to delay out of concern that she might later prove to be an .

Sources: Rav David Arameah on 1:17; Or Sameach on 1:17; 119a.

The Rebbe’s guidance: Learn in depth

הלכה יח

When Both the and Are Minors

Just as the may not perform until he becomes a adult man,

so too, the may not perform until she becomes a adult woman.

requires adulthood on both sides.

If a minor has relations with a minor ,

they remain together and grow to adulthood with one another.

They are not separated merely because both were minors when the relationship began. The precise legal effect of the minor ’s earlier relations depends on his age, as explained in Halachah 16.

Synopsis

requires both the and the to be adults. If two minors begin the relationship, they remain together and grow to adulthood.

הלכה יט

The Ninety-Day Waiting Period

A may not undergo or until she has waited ninety days,

not counting the day of her husband’s death or the day of the or ,

as with other widowed or divorced women who must observe this waiting period before remarriage.

The waiting period allows time to determine whether she was already pregnant from her deceased husband, preventing uncertainty about the father of a later child.

Why may she not perform during these ninety days?

Since itself does not create a new marriage, one might have thought that there is no need to delay it.

Because during that period she is not fit to undergo ,

and the states: “If the man does not desire to take his … she shall remove his shoe” ( 25:7–9),

teaching that when she is eligible for , she is eligible for ,

and whenever she is not eligible for , she is not eligible for .

The links the two procedures. functions as the alternative when could otherwise be performed; during a period in which cannot yet take place, also must wait.

If, nevertheless, he performed with her or during those three months,

since she is not pregnant,

she is released from the obligation and requires nothing further.

Once it becomes clear that she was not pregnant from the deceased, the considers the early or effective after the fact, even though it should not have been performed during the waiting period.

Synopsis

A must wait ninety days before either or . must also wait because the links its eligibility to the time when is possible. If either act was performed early and she is not pregnant, the rules that it nevertheless takes effect.

🔎Dig DeeperThe Ninety-Day Waiting Period

The Ninety-Day Waiting Period

The disagrees with the concerning an early . He rules that if was performed within the three-month waiting period, the woman requires again from one of the deceased husband’s brothers after the waiting period has passed.

Sources: Rema, 164:1.

The Rebbe’s guidance: Learn in depth

Live ItNot every good action should happen immediately

Not every good action should happen immediately

The must wait ninety days before either or . Even , which would release the bond rather than create a marriage, cannot be performed yet because the connects its proper time to the time when is possible.

Sometimes we know where we want to go, but the facts are not yet clear enough to act properly. Waiting can feel passive, especially when we are eager to resolve something. This reminds us that restraint can itself be part of doing the right thing. A correct decision made at the wrong time can still create problems that patience would have prevented.

Try today

If something important feels urgent, ask whether you truly need to act now or whether one missing fact deserves time to become clear.

Suggested reflection on 1:19.

The Rebbe’s guidance: Bring the daily learning into life

הלכה כ

Performed During Pregnancy

If a man performs with his and she is later discovered to have been pregnant, and she gives birth:

if the child is viable,

she is regarded as though she had never undergone with him at all,

A viable child shows that she was never subject to the of in the first place. The earlier therefore had no bond upon which to take effect.

and she remains permitted to marry into the ,

A woman who actually underwent valid would become prohibited to a . Here, because the is treated as though it never occurred, that disqualification does not arise.

and the man who performed the remains permitted to marry her relatives.

The relative prohibitions ordinarily created by likewise never take effect.

But if she miscarries,

or if the child who is born does not survive thirty days,

he, or one of his brothers, must perform with her again,

The pregnancy did not establish with certainty that a viable child of the deceased existed to exempt her from . She therefore still requires valid after the pregnancy has ended.

because performed with a pregnant woman is not valid ,

and relations with a pregnant do not constitute valid .

While the pregnancy is unresolved, it remains possible that she is carrying a viable child of the deceased husband, in which case no obligation exists at all. For this reason, an act performed while she is pregnant does not count as valid or valid .

Synopsis

If was performed while the was pregnant and she later bears a viable child, the is treated as though it never happened. If the pregnancy does not establish a viable child who exempts her from , must be performed again after the pregnancy ends.

🔎Dig Deeper Performed During Pregnancy

Performed During Pregnancy

The records that when a second is necessary after the pregnancy ends, it should be performed by a different brother rather than by the one who performed the original .

The cites as taking a stricter view of the original performed during pregnancy. According to that view, although the does not fully release the woman, it can still create certain Rabbinic consequences, including disqualifying her from marrying a and, if she later miscarries, preventing .

Sources: Rema, 164:2; Beis Shmuel, 164:5; Tosafos on 35b.

The Rebbe’s guidance: Learn in depth

הלכה כא

A Co-Wife Must Wait Until the Pregnancy Is Resolved

Therefore, if a man performs or with his pregnant ,

As explained in the previous , neither act can serve as the final resolution of the obligation while the pregnancy remains unresolved.

her co-wife may not marry another man until the pregnant woman gives birth,

The co-wife cannot rely on the or that was performed during the pregnancy. If the pregnancy produces a viable child, it will emerge that there was never any obligation. If it does not, the household will still require a valid or .

because a child does not release the women from the obligation until it emerges into the world.

Pregnancy alone does not create the exemption. The child must actually be born before its existence can release the deceased man’s wives from the bond.

Synopsis

When or is performed with a pregnant , her co-wife may not marry elsewhere while the pregnancy remains unresolved. A viable child can exempt the household only once it is actually born; if no viable child results, the obligation must still be properly resolved.

Live ItDon’t treat uncertainty as certainty

Don’t treat uncertainty as certainty

When a is pregnant, her co-wife cannot yet move on simply because or was attempted. The pregnancy may completely change the situation, and until the child is born, the facts needed to determine the outcome are not yet available.

We often dislike unfinished situations and instinctively fill in what we do not yet know. We assume what someone meant, predict how something will turn out, or emotionally move ahead before reality has caught up. ’s precision here suggests a useful discipline: when the outcome genuinely depends on information we do not have yet, leave room for uncertainty instead of turning a possibility into a conclusion.

Try today

Notice one assumption you are treating as a fact and mentally change “I know” to “I don’t know yet.”

Suggested reflection on 1:21.

The Rebbe’s guidance: Bring the daily learning into life

הלכה כב

Followed by the Discovery of Pregnancy

If a man performs with his and she is afterward discovered to be pregnant,

they are separated from one another,

They may not continue living together as husband and wife while it is still possible that the pregnancy will establish that no obligation ever existed.

and they wait to see the outcome of the pregnancy.

If she miscarries,

he returns to her and establishes the relationship.

Once she miscarries, it becomes clear that the pregnancy did not exempt her from . He may therefore return to her and establish the properly.

But if she gives birth, even if the child dies on the day it is born,

he must divorce her with a and perform with her,

The is required so that it will not appear that a couple who had been living as husband and wife separated without a divorce. is also required because a child who dies this early may not have been a viable child capable of exempting her from .

This applies when the child’s viability has not otherwise been established. If the child is known to have been a full-term viable birth, a different rule applies even if it dies immediately.

and only afterward is she permitted to marry someone else.

But if the child survives thirty days after being born,

the child is considered viable,

and she does not require a from the ,

because she was forbidden to him as an .

A viable child establishes that she was never subject to . Their attempted therefore never created a valid marriage, so there is no marriage requiring a .

Synopsis

If a discovers that his was pregnant, they separate until the pregnancy is resolved. A miscarriage allows him to return and establish properly. If the child’s viability remains doubtful, she requires both a and ; if the child is established as viable, there was never a valid marriage and no is required.

🔎Dig Deeper Followed by the Discovery of Pregnancy

Followed by the Discovery of Pregnancy

The explains that a child known to have been born after a full-term pregnancy with its limbs properly formed is treated as viable even if it dies on the day it is born. The records this ruling as well.

The Rema also distinguishes a case in which the entered the relationship only after the pregnancy was already known. In that situation, he rules that the relationship should be ended even if she later miscarries.

Sources: Maggid Mishneh on 1:22; Rema, 164:6; Rema, 164:5.

The Rebbe’s guidance: Learn in depth

הלכה כג

A Child Whose Father Is Uncertain

If she gives birth to a viable child after six months have passed from the ,

the child’s paternity is uncertain:

perhaps he is a nine-month child of the first husband,

or perhaps he is a seven-month child of the later husband, the .

Six complete months have elapsed since the , meaning the birth is now taking place during the seventh month. The child may therefore have been conceived by the deceased husband and carried for nine months, or conceived after the and born in the seventh month of pregnancy.

Therefore, the must divorce her with a ,

If the child was actually the deceased husband’s son, then there was never any obligation and she remained forbidden to the as his brother’s wife. Since that possibility cannot be ruled out, they may not remain together.

but the child is of legitimate status.

The child is unquestionably legitimate because either possibility places his conception within a permitted relationship: either he was conceived during the first marriage, or he was conceived through the .

If the has relations with her after she gives birth,

the children born from those later relations have the status of doubtful .

After the first child is born, the uncertainty is now apparent. If that child was really the deceased husband’s son, then the widow never required and remained forbidden to the as his brother’s wife. Any children subsequently conceived from the are therefore of doubtful status.

Synopsis

If a viable child is born at a time when it could be either the deceased husband’s child or the ’s child, the couple may not remain together. The first child is unquestionably legitimate because either possible conception was permitted, but children conceived afterward have doubtful status because the possible prohibition is now known.

Picture the CaseA concrete example + illustration

A widow undergoes and gives birth after six months have passed. The baby is viable. The timing allows two possibilities: the child may have been conceived by her deceased husband and carried for nine months, or conceived after the and born in the seventh month. If the first possibility is true, the widow never required at all, so she cannot remain with the . The baby itself, however, is unquestionably legitimate because either possible conception occurred within a permitted relationship.

A widow undergoes yibbum and gives birth to a viable baby after six months have passed. Either her deceased husband fathered the child in a nine-month pregnancy, or the yavam fathered the child born in the seventh month. Because the first possibility would mean no yibbum obligation arose, she cannot remain with the yavam. The child is legitimate in either possibility because conception occurred in a permitted relationship. — The uncertainty affects the couple’s status. It does not make the child’s legitimacy uncertain in this case.

Sources & editorial method

Hebrew text: Mishneh Torah, Hilchos Yibbum VaChalitzah, Chapter 1. The Hebrew is preserved as the primary text and divided into short learning units.

Translation and elucidation: Independently prepared for Rambam, Clearly in contemporary English. Translation follows the Rambam’s words; elucidation supplies only the context needed to understand them.

Word cards and glossary: Hebrew word cards distinguish a word’s basic meaning from its meaning in the particular phrase. Shared glossary entries explain recurring terms; biography entries identify the cited authorities.

Explain and Background: Explain provides context needed for the ruling. Optional Background panels provide additional context that can be skipped without losing the essential explanation.

Synopsis: A short summary follows each halachah. It is a guide to the central ruling, not a replacement for the full text and its qualifications.

Dig Deeper: Based on the classic commentaries named inside each panel. Editorial explanations are not presented as quotations.

Live It: Where present, these panels connect a particular halachah to a suggested personal reflection and an action to try. Original applications are labeled as suggested reflections. They are distinct from the ruling and are not attributed to the Rebbe merely because his guidance supports seeking a practical lesson.

Measurements: Modern equivalents draw on Chabad.org’s measurement glossary and cited halachic calculations. They show a range when major accepted calculations differ. Monetary equivalents fluctuate with the price of silver.

The Rebbe’s teachings and guidance: Source links accompany the completion teachings and the guidance inside Dig Deeper and Live It. Quotations, translations, and adaptations are identified; the general guidance is separate from the sources for a panel’s particular discussion.

Editorial responsibility: Created and prepared for this project by Levi Gelb. Corrections and suggestions can be submitted below. This presentation supports learning; practical halachic questions should be brought to a qualified rav.

Chapter 1 at a glance

Who is bound by , and how the bond is resolved

The chapter establishes who is subject to or , how surviving offspring affect the obligation, and when uncertainty requires waiting or .

When a paternal brother dies without offspring, his widow becomes subject to . law does not require new ; the bond arises automatically, and the itself is completed through marital relations.
If either the or the does not wish to proceed with , releases her from the and permits her to marry elsewhere. In the ’s ruling, itself takes precedence over .
Any surviving descendant of the deceased — male or female, near or remote, and even one with a deficient personal status — exempts his widow from both and .
A child whose lineage does not follow his biological father does not exempt the father’s widow from . A later conversion or emancipation does not retroactively create that paternal relationship.
If the deceased leaves a pregnant wife, the child’s birth and viability determine whether she requires . A clearly viable child exempts her; when viability remains doubtful because the child dies within thirty days, she performs but not .
Any recognized paternal brother who was already born before the deceased’s death creates the obligation of , regardless of his age or personal status. A biological brother whose status does not establish the required paternal relationship does not.
Maternal brothers are recognized as brothers for mourning and are disqualified from testifying for one another as relatives, but they are not considered brothers for inheritance or . The brotherhood required for is paternal.
For , a biological relationship that predates conversion or emancipation does not by itself create the required brotherhood. Both conception and birth must occur within the later family framework.
When the deceased leaves multiple wives or multiple brothers, one valid or between one brother and one widow resolves the obligation for the entire household. is performed with one widow, not with two wives of the same deceased brother.
If is performed, the may choose any eligible widow. If is performed, it should be done with a widow who is already disqualified from marrying a , so that another widow does not unnecessarily lose that eligibility.
When several brothers die childless, each deceased brother creates a separate obligation. One widow from each household must undergo either or .
After with one widow, her co-wives may no longer be taken through , and relations with them violate an . After , the and all her co-wives become Rabbinically forbidden to the brothers, but with them would still take effect.
creates Rabbinic restrictions similar to those following divorce: the and certain relatives on both sides become forbidden. Even a who dies while still bound by creates related restrictions, but the relatives of her co-wife remain permitted.
While a remains bound by , her close relatives are forbidden to each . Once another brother resolves the through or , those relatives become permitted to the brothers who did not perform that act.
Once has created a full marriage, the woman is the ’s wife in every respect. If he later divorces her, the original prohibition of a brother’s wife does not return, and he may remarry her.
Relations by a aged nine years and one day have legal effect but do not complete fully. cannot be performed until adulthood, and the is not free to marry elsewhere until the bond is properly completed or released.
A minor may undergo , but she may not perform until she has reached adulthood and the required signs of maturity have been verified.
requires both the and the to be adults. If two minors begin the relationship, they remain together and grow to adulthood.
A must wait ninety days before either or . must also wait because the links its eligibility to the time when is possible. If either act was performed early and she is not pregnant, the rules that it nevertheless takes effect.
If was performed while the was pregnant and she later bears a viable child, the is treated as though it never happened. If the pregnancy does not establish a viable child who exempts her from , must be performed again after the pregnancy ends.
When or is performed with a pregnant , her co-wife may not marry elsewhere while the pregnancy remains unresolved. A viable child can exempt the household only once it is actually born; if no viable child results, the obligation must still be properly resolved.
If a discovers that his was pregnant, they separate until the pregnancy is resolved. A miscarriage allows him to return and establish properly. If the child’s viability remains doubtful, she requires both a and ; if the child is established as viable, there was never a valid marriage and no is required.
If a viable child is born at a time when it could be either the deceased husband’s child or the ’s child, the couple may not remain together. The first child is unquestionably legitimate because either possible conception was permitted, but children conceived afterward have doubtful status because the possible prohibition is now known.

פרק א

End of chapter.

You have reached the end of all twenty-three halachos.

When the yibbum bond arises and how it is resolved

The Laws of Yibbum and Chalitzah

Yibbum With a Paternal Brother’s Widow

Chalitzah When Yibbum Is Not Performed

Chalitzah When Yibbum Is Not Performed

Torah takes a person’s will into account

Any Surviving Descendant Prevents Yibbum

Children Whose Lineage Does Not Follow the Father

A Child Born After the Father’s Death

A Child Born After the Father’s Death

Which Brothers Create the Obligation of Yibbum

Maternal Brothers Do Not Create Yibbum

Family Relationships After Conversion or Emancipation

One Widow Represents the Deceased Brother’s Household

Choosing Whom to Release Through Chalitzah

Choosing Whom to Release Through Chalitzah

Protect someone else’s possibilities

When One Brother Faces Several Yibbum Obligations

Match commitments to responsibility

What Happens to the Other Widows After Yibbum or Chalitzah

What Happens to the Other Widows After Yibbum or Chalitzah

Relatives of a Chalutzah

Relatives of a Woman Still Bound by Zikah

After Yibbum She Is His Wife in Every Respect

A Minor Yavam and the Legal Effect of His Relations

A Minor Yevamah

A Minor Yevamah

When Both the Yavam and Yevamah Are Minors

The Ninety-Day Waiting Period

The Ninety-Day Waiting Period

Not every good action should happen immediately

Chalitzah Performed During Pregnancy

Chalitzah Performed During Pregnancy

A Co-Wife Must Wait Until the Pregnancy Is Resolved

Don’t treat uncertainty as certainty

Yibbum Followed by the Discovery of Pregnancy

Yibbum Followed by the Discovery of Pregnancy

A Child Whose Father Is Uncertain

Who is bound by yibbum, and how the bond is resolved

End of chapter.

When the bond arises and how it is resolved

The Laws of and

With a Paternal Brother’s Widow

When Is Not Performed

When Is Not Performed

Any Surviving Descendant Prevents

Which Brothers Create the Obligation of

Maternal Brothers Do Not Create

Choosing Whom to Release Through

Choosing Whom to Release Through

When One Brother Faces Several Obligations

What Happens to the Other Widows After or

What Happens to the Other Widows After or

Relatives of a

Relatives of a Woman Still Bound by

After She Is His Wife in Every Respect

A Minor and the Legal Effect of His Relations

A Minor

A Minor

When Both the and Are Minors

Performed During Pregnancy

Performed During Pregnancy

Followed by the Discovery of Pregnancy

Followed by the Discovery of Pregnancy

Who is bound by , and how the bond is resolved