Monday 13 October 2014

Yevamot 10: After Chalitza

Reish Lakish and Rabbi Yochanan argue about some specific questions regarding chalitza.  In ordinary circumstances, a man is not allowed to marry his ex-wife's sister - his sister-in-law.  However, under the special circumstances when the woman's husband has died childless, she is allowed to her brother-in-law in marriage.  If that marriage is unwanted, the couple performs the ritual of chalitza.

What happens when they change their minds?  Rabbi Yochanan believes that all brothers are equally allowed or prohibited from marrying this woman after chalitza.  Reish Lakish, however, believes that all brothers are subject to karet if they marry their sister-in-law following chalitza.  The yibum, however, is subject to a less serious consequence.

The concept of yibum is difficult, as it challenges the Torah prohibition against marrying one's close relative.  One rabbi believes that yibum erases that prohibition, and the other believes that yibum is an unusual exception that does not affect the general rule.

Again, the rabbis attempt to find their way through this maze through legal fiction alone.  There is no talk of the emotional or psychological effects of their potential interpretations.  I wish I had something novel to say about this; it continues to concern me as I struggle with the text.

 


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