Sunday, 27 November 2016

halacha - What should a woman who can only do Chalitza do if her Yevam can't do it?



In some cases of Zikas Yibum, there is a Rabbinic prohibition against their doing Yibum (eg. the deceased husband's brother is a Mamzer, cf. Shulchan Aruch Even Haezer 174) and as such they must perform Chalitza.


What if in such a case all the brothers could not perform Chalitza for practical reasons (eg. none of them have legs, cf. Shulchan Aruch Even Haezer 169).
Could the brother who's a mamzer do Yibbum (according to sefardim who allow Yibbum and even according to Ashkenazim as there is no option of chalitza) or would she be left an aguna?




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