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Yevamos, 8

YEVAMOS 6, 7, 8, 9 (Chanukah) - dedicated by Uri Wolfson and Naftali Wilk in honor of Rav Mordechai Rabin of Har Nof, a true beacon of Torah and Chesed.


QUESTION: The Gemara says that we learn from a verse, "v'Yibmah" (Devarim 25:5), that one may perform Yibum against the will of the woman. RASHI (DH Ba'al Karchah) explains what this means, and says that it means that even if the brother marries her against her will, he is Koneh her "with regard to Yerushah (inheriting her possessions), Tum'ah (being Metamei for her if he is a Kohen), and with regard to all matters, she is his wife."

Why does Rashi specify that the verse that teaches that one may do Yibum against the will of the woman means that he is Koneh her for all matters of Kinyan? Rashi should have explained that it refers to laws of Ishus, marriage. The Gemara simply says that he has performed the Mitzvah of Yibum, even though it was done without her consent, and now she must have a Get if she wants to remarry; Chalitzah will no longer suffice! Why does he have to describe this Halachah in terms of Kinyanim, and not in terms of fulfilling the Mitzvah of Yibum? (HAGAHOS MAHARSHAM)

ANSWER: Rashi was bothered by a question. Why does the Gemara have to derive from the verse of "v'Yibmah" that Yibum can be done against the will of the woman? It is not necessary to teach us that he can perform the Mitzvah of Yibum against her will, because the verse that introduces Chalitzah states explicitly, "Im Lo Yachpotz *ha'Ish*..." -- "If *the man* does not desire to marry his Yevamah..." (Devarim 25:7). The verse clearly makes it dependant upon the *man's* will; if *he* does not want to do Yibum, then they perform Chalitzah, and if he does want to do Yibum, then they do Yibum regardless of what the woman wants. It is clear from the fact that the Torah says that Yibum depends on his will, and that Chalitzah is done only if *he* does not want to do Yibum, that Yibum may be done against the will of the woman.

What, then, is the verse of "v'Yibmah" teaching? We might have thought that although the Mitzvah of Yibum may be performed against her will, it does not affect matters of Kinyanim unless she consents. Therefore, Rashi explains, the Gemara finds a source to prove that even regarding Kinyanim, Yibum against the Yevamah's will is effective.

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