[Avodah] Halizah (or is it better for one person to do a vadai mitzva...)

[Richard Wolpoe]

On 9/24/07, Chana Luntz <chana at kolsassoon.org.uk> wrote:
>
> RYG writes in response to RMB:
>
> >
> Well you seem to both be right.  The Encyclopedia Talmudit brings as a
> machlokus rishonim whether or not chalitza is a mitzva chiyuvis or not.
> The Mordechai, inter alia, appears to agree that it is a mitzvah
> chiyuvis, and therefore even if neither yevam or yevama wants to do
> chalitza, and the yevama has no intention of getting married, they
> should be forced like other mitzvos aseh.  On the other hand others
> appear to hold that if she does not want to get married again, and he
> does not mind the zika remaining, there is no need to do chalitza as the
> chalitza is only a heter for her to get married to somebody else, just
> like shechita is a mitzvah to permit the animal to be eaten.  See there
> (it is under section aleph, on the facing page to the beginning).  The
> Encyclopedia Talmudit does not (as is its way) provide any conclusion,
> and it would seem from the sources quoted that the machlokus extends to
> the achronim, so why not to Avodah.
>
>
>
> Regards
>
> Chana
>
>
FWIW, an elderly Yevama did Yibbum about 90 days after her late Husband's
petira w/o necessarily wishing to remarry.  I understood it to mean they
construed it as a requirement,
or at least were chosheish lema'aseh for those who do require it

-- 
Gmar Tov
Best Wishes for 5768,
RabbiRichWolpoe at Gmail.com
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