Kiddushin, Daf Yod Daled, Part 1

 

Introduction

Today s section begins to deal with how a yevamah is acquired by the yavam. Quick review: If a man dies without offspring his wife must either marry his brother (yibbum) or be released from this obligation through halitzah. The yavam is the brother and the yevamah is the widow.

 

והיבמה נקנית בביאה כו’ : בביאה מנלן אמר קרא ) דברים כה, ה) יבמה יבא עליה ולקחה לו לאשה

A yevamah is acquired by intercourse.

From where do we know [that she is acquired] by intercourse? The verse says, Her husband’s brother shall have sexual relations with her, and take her to him to wife (Deuteronomy 25:5).

 

A yevamah is acquired, meaning she becomes the wife of the yavam, through intercourse. The rabbis do not believe that money or a document can acquire a yevamah, as they do for betrothal with a regular woman. Part of the reason for this is that money or a document is done for betrothal and the yevamah is already tied to her brother-in-law by virtue of her marriage to her now deceased husband. All she needs to really do is complete a tie that was already forged.

ואימא לכולה מילתא כאשה

לא סלקא דעתך דתניא יכול יהו כסף ושטר גומרים בה כדרך שהביאה גומרת בה תלמוד לומר (דברים כה, ה) ויבמה ביאה גומרת בה ואין כסף ושטר גומרים בה

 

But why not say she is [acquired] as is a wife in all respects?

You should not think so. For it was taught: I might think that money or document can complete her acquisition, just as intercourse does; therefore it is written, and perform levirate marriage with her (Deuteronomy 25:5): intercourse completes her acquisition, but money or document do not complete her acquisition.

 

The rabbis use the additional word and perform levirate marriage with her to prove that only sexual relations is effective to acquire the yevamah. Money or a document is not.

 

ואימא מאי ויבמה דבעל כרחה מיבם

אם כן לימא קרא ויבם מאי ויבמה שמעת מינה תרתי :

 

Yet perhaps you could say and perform levirate marriage with her means that he can have levirate marriage against her will.

If so, the verse should have stated: and perform levirate marriage ? Why [add] with her ? Hence both are learnt from it.

 

The rabbis here tease out a bit more meaning from the extra heh at the end of the word vayevamah . The word itself teaches that if he has intercourse with her against her will, she is married to him. [Yes, this is very problematic. I might add that this does not at all mean that this should be done. Just that legally, consent is not necessary for levirate marriage because she consented to marry the brother]. The extra heh allows us to also learn that only sex completes the acquisition. Money and document do not.