128

To do Yibum (marry childless brother's widow)

The Luchos - Ten Commandments
כִּֽי־יֵשְׁב֨וּ אַחִ֜ים יַחְדָּ֗ו וּמֵ֨ת אַחַ֤ד מֵהֶם֙ וּבֵ֣ן אֵֽין־ל֔וֹ לֹֽא־תִהְיֶ֧ה אֵֽשֶׁת־הַמֵּ֛ת הַח֖וּצָה לְאִ֣ישׁ זָ֑ר יְבָמָהּ֙ יָבֹ֣א עָלֶ֔יהָ וּלְקָחָ֥הּ ל֛וֹ לְאִשָּׁ֖ה וְיִבְּמָֽהּ׃ - פָּרָשַׁת כִּי־תֵצֵא
Deuteronomy 25:5 - "If brothers reside together, and one of them dies having no son, the dead man's wife shall not marry an outsider. [Rather,] her husband's brother shall be intimate with her, making her a wife for himself, thus performing the obligation of a husband's brother with her."

This Mitzvah's Summary

מִצְוָה עֲשֵׂה - Positive Commandment
מִצְוָה לֹא תַעֲשֶׂה - Negative Commandment
Family – מִשְׁפָּחָה

Perform the mitzvah of yibbum when a brother dies childless.

This mitzvah commands the surviving brother to marry the widow of his childless brother, known as yibbum. The first child born from this union continues the name and legacy of the deceased brother, preserving his place within Israel. While today halacha prioritizes chalitzah (releasing the widow), the Torah originally presents yibbum as a sacred act of kindness and continuity, ensuring the deceased brother’s line is not extinguished.

Commentary & Classical Explanation:

  • Rambam (Hilchot Yibbum v’Chalitzah 1:1): Explains that yibbum was a positive mitzvah from the Torah, though rabbinic law later emphasized chalitzah to avoid improper intentions.
  • Sefer HaChinuch (Mitzvah 598): The root is to preserve a man’s memory and inheritance in Israel by raising up offspring in his name.
  • Talmud (Yevamot 39b): Debates whether yibbum or chalitzah is preferable, concluding that chalitzah is generally practiced unless yibbum is clearly done for the sake of the mitzvah.
(Source: Chabad.org)

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