Yibbum

{{Short description|Levirate marriage}} {{Italics title}} {{judaism}} '''''Yibbum''''' ({{IPA|he|jibum|pron}}, {{langx|he|ייבום}}) is the form of levirate marriage found in Judaism. As specified by {{bibleverse||Deuteronomy|25:5-10|HE }}, the brother of a man who died without children is permitted and encouraged to marry the widow. However, if either of the parties refuses to go through with the marriage, both are required to go through a ceremony known as ''halizah'', involving a symbolic act of renunciation of their right to perform this marriage.

Jewish law (''halakha'') has seen a gradual decline of ''yibbum'' in favor of ''halizah'', to the point where in most contemporary Jewish communities, and in Israel by mandate of the Chief Rabbinate, ''yibbum'' is prohibited.

==In the Hebrew Bible== [[Image:Rembrandt's school Tamar.JPG|thumb|300px|''Judah and Tamar'', by school of Rembrandt (1650s). An early example of a levirate-type practice is the biblical story of Judah and Tamar]] The Torah prohibits sexual relations by a man with his brother's wife,<ref>{{bibleverse||Leviticus|18:16|HE}}; {{bibleverse-nb||Leviticus|20:21|HE}}</ref> but ''yibbum'' is an exception to this rule. The surviving brother is given a choice to take his responsibility as a goel by fulfilling the yibbum obligation, or to perform ''halizah'', though the latter choice is described by the verse disfavorably. The brother who agreed to marry his sister-in-law would be the sole benefactor of his brother's estate instead of splitting it with the family. The offspring of the levirate union would be seen as a perpetuation of the deceased brother's name. ''Yibbum'' is permissible only when the dead brother had no children at all.<ref>Mishneh Torah ''Laws of Yibbum and Halizah'' 1:3; Shulchan Aruch, Even HaEzer 156:2</ref>

Although the stated intent of the levirate law as expressed in Deuteronomy is to provide an heir so that the deceased brother's name "will not be obliterated from Israel" ({{bibleverse||Deuteronomy|25:6|HE}}), such laws effectively provided protection for widows as well. At the time the Torah was written, if a woman did not have a husband because of widowhood, she had no one to provide for her any longer and she would be disgraced, if not likely die of starvation.{{citation needed|date=April 2016}} Children were also a means of continued provision, since they are commanded to care and show respect for the elderly as they move further along in years. A childless widow was without both means of provision. Although quite contrary to modern day sensibilities, even becoming a second wife to a brother-in-law, as indicated in Deuteronomy 25:5-10, was better than living on the streets at the mercy of those around her. Under Torah, men had a responsibility to the women around them, which included life-sustaining provisions (i.e. food, shelter, and comfort). Those of honor were beholden to their responsibility to protect the defenseless.

Yibbum had significant economic implications for the parties involved: the first child born to the brother's widow would be deemed the heir of the deceased brother, and able to claim the deceased brother's share of inheritance. If the deceased brother was the firstborn son, his inheritance was a double share. However, if the deceased brother were childless, the living brother would be entitled to inherit an increased share; or if he is the oldest surviving son he would be entitled to a double share of the increased share.<ref name=Frymer>[http://jwa.org/encyclopedia/article/tamar-bible Frymer-Kensky, Tikva. "Tamar: Bible", ''Jewish Women: A Comprehensive Historical Encyclopedia''. 20 March 2009. Jewish Women's Archive. (Viewed on August 6, 2014)]</ref>

===Levirate-type marriages other than yibbum=== A detailed account of a levirate-type marriage in the Hebrew Bible is the unusual union of Judah and his daughter-in-law Tamar found in {{bibleverse||Genesis|38:8|HE}}. The case is not strictly a case of ''yibbum'' as Judah was Tamar's father-in-law, and also the case pre-dates the biblical obligation. It may be a reflection of contemporaneous Middle East practices. Tamar's earlier marriage to Onan, however, did conform with the specific circumstances describing the requirements of ''yibbum'' outlined in ''Deuteronomy'', as Onan was the brother of Tamar's deceased husband Er.

Another example of an analogous arrangement to ''yibbum'' is recounted in the ''Book of Ruth''. After the death of her husband, Ruth is noticed and welcomed by her husband's kinsman, Boaz. After Ruth is rejected by an anonymous ''Ploni Almoni'', Boaz marries her. In this case as well, the kin in question would not have been subject to the biblical levirate marriage obligation, as neither Ploni Almoni nor Boaz were brothers of Ruth's late husband.

==Laws of ''yibbum'' and ''halizah''== {{Infobox Halacha |align = left |verse = {{bibleverse||Genesis|38|HE}} {{bibleverse||Deuteronomy|25:5-10|HE}} {{bibleverse||Ruth|3-4|HE}} |mishnah = |talmud = Yevamot; Gittin 34b-37b |rambam = Yibbum V'Chalitza |sa = Even HaEzer 156-157 }} ''Halakha'' (Jewish law) has a tradition around ''yibbum''. These laws were first recorded in the Mishna and Talmud in Yevamot, and were later codified by Maimonides in the ''Mishneh Torah''. The subject is considered one of the most intricate in Jewish law, partly because of the complication that arise from multiple brothers and multiple wives. ''Yibbum'' is an exception to the biblical prohibition for a man to have sexual relations with "his brother's wife" found for example in {{bibleverse||Leviticus|18:16|HE}} and {{bibleverse-nb||Leviticus|20:21|HE}}. (See Incest in the Bible.)

===When ''yibbum'' applies=== The obligation for ''yibbum'' is found at {{bibleverse||Deuteronomy|25:5-10|HE}}, which requires that when a married man dies without having any children, male or female, from any relationship (including pre-marital and extra-marital), his widow and his brother must perform either ''yibbum'' or ''halizah''. For the laws of ''yibbum'' only brothers that share a common father are considered brothers.<ref>Shulchan Aruch, ''Even HaEzer'' 157:1; Mishneh Torah ''Laws of Yibbum and Halizah'' 1:8</ref> In the event of several brothers in the family, the eldest surviving brother has the first right of ''yibbum''.<ref>Shulchan Aruch, ''Even HaEzer'' 161:4</ref> In order for ''yibbum'' to apply, all of the following conditions must be met: # The brothers share a common father <ref name=17b>Babylonian Talmud, ''Yevamot'' 17b</ref> # The dead brother had no surviving children, male or female, from any relationship,<ref>Talmud Yevamot 22a</ref> at the time of his death <ref>Talmud Yevamot 87b</ref> # The brother performing ''yibbum'' was born before his brother's death <ref name=17b/> # The brother performing ''yibbum'' is not forbidden, other than by her marriage to the dead brother, to marry ''any'' of his dead brother's widows (e.g. if any of them is his daughter, ''yibbum'' does not apply to him at all)(and in the Talmudic discussion of such a case the other wives are referred to as ''tzarat habat'', the "daughter's rival")<ref>Talmud Yevamot 2,3, 16a</ref> # The brother performing ''yibbum'' is physically capable of fathering children<ref name=24a/> # The widow is or was physically capable of bearing children<ref>Talmud [https://www.sefaria.org.il/Yevamot.12a.14?lang=bi&with=all&lang2=en Yevamot 12a]</ref>

[[Image:Anders Zorn-The Widow.jpg|thumb|200px|''The Widow'' (1882-83) by Anders Zorn. The widow has to remain unmarried until ''yibbum'' or ''halizah'' has been performed.]] Even if some of the brothers do not meet all the conditions to be eligible for ''yibbum'', as long as there is one that does, ''yibbum'' applies to him. If there is no brother who meets all of the conditions, neither ''yibbum'' nor ''halizah'' applies,<ref>Babylonian Talmud, ''Yevamot'' 3a</ref> except if the widow is forbidden to marry the brother as a result of a prohibition not involving the punishment of kareth (spiritual excision){{clarify|date=January 2011}}, in which case ''halitzah'' would apply.<ref>Talmud Yevamot 20</ref>

===Restrictions related to ''yibbum''=== It is forbidden for any of the widows to remarry until ''yibbum'' or ''halizah'' has been performed.<ref>Mishneh Torah ''Laws of Yibbum and Halizah'' 1:2</ref> If the deceased left multiple wives ''yibbum'' may only be performed with one of them, at which time the remaining wives are permitted to remarry. Likewise, if ''yibbum'' is not performed, ''halizah'' is only performed with one of the widows,<ref>Talmud Yevamot 44a</ref> after which all of them may remarry.<ref>Shulchan Aruch, Even HaEzer 161:1; Mishneh Torah ''Laws of Yibbum and Halizah'' 1:9</ref>

If all surviving brothers are still children, the widow must wait until one reaches halachic adulthood, at which time he can perform yibbum or ''halizah''. Similarly, if the brother is missing, the woman is required to wait until he is located. This can lead to a situation similar to an ''agunah''.

===How ''yibbum'' is performed=== According to biblical law, there is no need for a marriage ceremony between the widow and the deceased's brother as they are already bound by divine decree,<ref>Mishneh Torah ''Laws of Yibbum and Halizah'' 1:1</ref> thus, they need only cohabit to perform ''yibbum''. Nevertheless, the Sages decreed that the couple perform a marriage-like ceremony called ''maamar'',<ref>Mishneh Torah ''Laws of Yibbum and Halizah'' 2:1</ref> recite the marriage blessings (''sheva brachot'') and write a prenuptial agreement (''ketubah'').<ref>Shulchan Aruch, ''Even HaEzer'' 166:2; Mishneh Torah ''Laws of Yibbum and Halizah'' 2:2</ref>

Only one brother may perform ''yibbum''. The oldest brother is given preference, but if he refuses, the brother who is second in line can perform ''yibbum'',<ref>Shulchan Aruch, ''Even HaEzer'' 161:4</ref> and if a brother performed ''yibbum'' out of turn, it is nevertheless valid.<ref name=24a>Talmud Yevamot 24a</ref> After one brother performs ''yibbum'' or ''halizah'', none of the brothers may marry any of the other widows.

===Other laws=== thumb|200px|19th century Ketuba or Yibbum from New Zealand, including a promise to take care of the bride if the husband dies before any children are born. Because there is a general prohibition on a man marrying his brother's wife, anytime that a ''yibbum'' is not required (for example, the deceased had a child), levirate marriage is forbidden. Likewise, anytime that there is a doubt whether ''yibbum'' is required, it is also forbidden and ''halizah'' is required.<ref>Mishneh Torah ''Laws of Yibbum and Halizah'' 6:4</ref>

The Samaritans followed a slightly different course, which may indicate an earlier custom; they practised ''yibbum'' only when the woman was betrothed and the marriage had not been consummated.<ref>Talmud Kiddushin 65b</ref> Karaite Judaism appear to have followed the same practice, and Benjamin Nahawandi as well as Elijah Bashyazi favored it.<ref>Adderet Eliyahu, "Nashim," p. 93a</ref>

==History== The rabbis in the time of the ''mishnah'' added formal marriage requirements, such as the necessity of betrothing the deceased brother's wife in front of two competent witnesses by giving to her money or an object having certain money value, and of writing out a ''ketubah'' (marriage contract),<ref>Maimonides, ''Mishneh Torah'' (Hil. ''Yibbum ve-halizah'' 2:1)</ref> but over the centuries the performance of levirate marriage (''yibbum'') declined in favor of ''halizah'' (the act of refusal).

By Talmudic times the practice of levirate marriage was deemed secondary in preference to ''halizah'' by some of the rabbis, because of the brother's questionable intentions;<ref>Talmud Bekhorot 13a</ref> indeed, to marry a brother's widow for her beauty was regarded by Abba Saul as equivalent to incest.<ref>Babylonian Talmud, ''Yevamot'' 39b</ref> Bar Kappara also recommends ''halizah''.<ref>Talmud Yevamot 109a</ref> A difference of opinion appears among the later authorities, with Isaac Alfasi, Maimonides,<ref>Maimonides, ''Mishneh Torah'' (Hil. ''Yibbum ve-halizah'' 1:1)</ref> and the Spanish school<ref>Shulchan Aruch, ''Even HaEzer'' 156:1</ref> generally upholding the custom, while Rabbeinu Tam and the Northern school prefer ''halizah.''<ref>Shulchan Aruch, ''Even HaEzer'' 165</ref> A change of religion on the part of the surviving brother does not affect the obligation of the levirate, or its alternative, the ''halizah''.<ref>Isaac ben Sheshet, Responsa, i. 2)</ref> Additionally, if the surviving brother is married, Ashkenazim, who follow the ''takkanah'' of Gershom ben Judah abolishing polygamy, would be compelled to perform halizah.

Today, ''yibbum'' is a rare occurrence among Jewish communities, most claiming that if the intent is not purely for the sake of pro-creation, the act would thereby become marred and tantamount to an act of whoredom. Therefore, it was made virtually non-existent with other communities. Orthodox Jews in modern times have generally upheld the position of Rabbeinu Tam and perform ''halizah'' rather than ''yibbum''. Yemenite Jews, though orthodox, practised ''yibbum'' until the ''en masse'' Aliyah of Jews to Eretz Israel in the last century.<ref>{{cite book |last=Goitein|first=S.D. |author-link=Shelomo Dov Goitein|title=The Yemenites – History, Communal Organization, Spiritual Life (Selected Studies)|editor=Menahem Ben-Sasson|editor-link=Menahem Ben-Sasson|date=1983|publisher=Ben-Zvi Institute|place=Jerusalem |page=306 |language=he |oclc=41272020 }}</ref><ref>{{cite journal |last=Goitein|first=S.D.|author-link=Shelomo Dov Goitein |title=Zur heutigen Praxis der Leviratsehe bei orientalischen Juden|journal=Journal of the Palestine Oriental Society|volume=13 |pages=159–166|date=1933|oclc=637974886|language=de}}</ref> In 1950, the Rabbinate of Israel, along with the Chief Sephardic Rabbi, forbade its practice amongst the Yemenites, citing a need for "uniformity amongst the Jewish groups," and only permitted those who were already married through levirate marriage from outside the country.<ref>{{cite journal |last=Ḥibshush |first=El'azar |title=Enactments of the Rabbinate in Marital Matters (תקנות הרבנות בענייני אישות)|journal=TEMA, Journal of Judeo-Yemenite Studies |volume=20 |editor=Yosef Yuval Tobi |publisher=Association for Society and Culture (Ha-Aggudah le-Tipuach Havrah ve-Tarbut) |date=2022 |location=Netanya (Israel) |pages=101-149 |language=he |isbn=978-965-92934-9-0 |issn=0792-4461}}</ref> Conservative Judaism formally retains it. Reform Judaism and Reconstructionist Judaism have abolished it.

==In popular culture== ''Yibbum'' forms the plot of the Hallmark movie ''Loving Leah''.

==See also== * Takkanot Shum * Widow conservation * Nata pratha

==References== {{Reflist|2}} *{{JewishEncyclopedia|title=Levirate Marriage|url=http://www.jewishencyclopedia.com/articles/9859-levirate-marriage}}

==External links== *[http://www.jhom.com/lifecycle/marriage/halitza.htm Levirate Marriage and Halizah] *[http://www.eisheschayil.com/private/history/tamar.htm Tamar -- the Wife of Yehudah] *[http://www.vbm-torah.org/shavuot/ruth.htm Redemption in Megillat Ruth] {{Webarchive|url=https://web.archive.org/web/20040825044043/http://www.vbm-torah.org/shavuot/ruth.htm |date=2004-08-25 }}

{{Types of marriages|state=autocollapse}}

Category:Jewish marital law Category:Positive Mitzvoth Category:Widow inheritance