[Avodah] Yebamoth and Megilath Ruth

[Micha Berger]

On Mon, May 7, 2007 1:13 pm, R Daniel Israel wrote:
: The question I would ask is why is this inyan of yibum via more
: distant relatives not mentioned l'maaseh today (or is it and I've
: just never heard it?)  Possible teretz: if there is a brother who
: performs chalitzah, maybe the possibility of a distant relative
: effecting yibum is removed....

There is no chiyuv of yibum except with a brother. Therefore, the
whole discussion is lifnim mishuras hadin. (As others proved from the
case of Rus, who -- if she was still not yet a giyores -- wasn't even
technically married to Machlon.)

Where there is a chiyuv, bizman hazeh we require chalitzah because we
are chosheshim for Abba Shaul that yibum with improper kavanah is
worse. So, if this cheshash about improper kavanah trumps a chiyuv,
there is nothing to talk about WRT a lifnim mishuras hadin.

Tir'u baTov!
-mi

-- 
Micha Berger             Spirituality is like a bird: if you tighten
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