[Avodah] Your brother's a Mumar; here's the solution!

[Zev Sero]

Moshe Y. Gluck wrote:
> R' Elozor Reich (way back when:
> http://www.aishdas.org/avodah/vol23/v23n145.shtml):
>> Having an apostate as a brother can present a potential future
>> Yibum/Chalitza problem.
>>
>> What I can only describe as a "flabbergasting solution" is prescribed in
> the
>> Oruch Hashulchan, Even ho'Ezer 157. The detailed instructions seem to
>> indicate practical advice.

> Basically, the AhS says to make the Kiddushin, Nisuin, and all the Bios Al
> T'nai that if she is Nofel L'yibum then the whole thing will not be Chal,
> and that she will be - L'mafrei'ah - a Pnuyah M'yuchad to him. So, I'm sure
> that someone must have already asked this, but why can't this solve the
> "Agunah Crisis"? 

Because someone with such a brother knows that the possibility of his
dying before having a child is real, and thus *maybe* it's possible for
him to really make and intend such a tnai.  It's still unlikely, and I'm
sure there are those who dispute this AhS, but I can see that it's at
least within the realm of reason.  But for a couple who are marrying
and in love to take seriously the possibility that the marriage will one
day go sour, and they will start to hate each other, and they will come
to regret this marriage and this bi'ah that they now so enthusiastically
want, I can't accept that this is psychologically possible for anyone.


-- 
Zev Sero               Something has gone seriously awry with this Court's
zev at sero.name          interpretation of the Constitution.
                       	                          - Clarence Thomas