פירוש על יבמות 13:3
Shulchan Arukh, Even HaEzer
If her father betrothed her while she was a minor, and then he died, or she completed marriage with nisuin; if she recognizes the difference between her get and something else, i.e. when given a stone she throws it away, but when proferred a nut she will take it, and some say when she reaches the age of young girls... Rama: which is about 6 or 7 years old, depending on her mental acuity (Tur), Mechaber: ... she may be divorced by her own acceptance of the get. If she cannot differentiate between a get and other items, yet received a get to her own hand, she is not divorced. But she may be divorced by her father's acceptance of a get, even if she cannot distinguish between a get and other items. There is an authority who argues and says that any girl who cannot distinguish between a get and other items may not be divorced even by the hand of ther father. Rama: See infra in Seder haGet se'if 96 how to write a get for a minor who is being divorced via her father's acceptance of the get.
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Shulchan Arukh, Even HaEzer
If the older [brother] did not want to do levirate marriage preferring halitza, and the younger [brother] wants to do levirate marriage: sexual relations with the younger is preferable. But, if neither of them wishes to do levirate marriage, rather, halitza, the halitza of the elder is preferred. REMA: see below paragraph 165 - that in our times halitza is given priority. If she is not desirous of levirate marriage, only halitza, then the halitza of the elder is preferred (Trumat HaDeshen paragraph 220).
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Shulchan Arukh, Even HaEzer
The mitzvah of yibum comes before the mitzvah of chalitzah. And if she does not want to do yibum with another one of his [her husband's] brothers, or with the eldest who wants to do yibum, but without a satisfactory claim, she is considered rebellious. There are those who say that the mitvah of chalitzah is more important. The Rem"a comments: She is not considered rebellious if she does not want to perform yibum. Nevertheless, we do not force him to do chalitzah, rather they try to trick him if they are able to, for example that they say to him: do chalitzah on the condition that she give you a maneh [a coin equal to 100 zuz] (Tur in the name of Rabeinu Tam and the Ros"h). Specifically, if they are not among those who force him to divorce her, like was explained earlier in siman 154). If the two of them want to do yibum, we do not allow them to unless it is known that they both have intention to fulfill the mitzvah (Tur in the name of Rabeinu Tam). Some say that if he has another wife, we force him and pressure him until he does chalitzah (Tur in the name of the Sma"g). There are those who say that even if he doesn't have another wife, if the intention isn't for a mitzvah, and she does not want to do yibum, and they are not able to trick him, they force him to do chalitzah. The custom like the first opinion, that we do not force chalitzah at all, even if we know that his intentions are for money (Maharim Padvoah siman 18). But we appease between them like the communal institutions, like explained below. All this is when he wanys to perform yibum, and it is possible to do yibum without worrying about it being forbidden. But if he says he wants to do neither yibum nor chalitzah, we force him (Beit Yoseif in the name of Rabeinu Tam). Specifically, when she came with a reasonable claim, like explained in siman 154 (Truma Hadeshen siman 220). However, if it is possible to make him make a mistake by saying to him, take a lot of money for the chalitzah, we make him make a mistake so we don’t need to force him (N”Y M”K). They should be careful so they don’t plant money in the hands of a third person, because then they cannot say to him: we were just kidding with you (Mordechai Perek Hacholeitz). See later on siman 169 seif 50).
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