[Avodah] Hutrah and Dechuyah in Yibum

[Micha Berger]

The topic of EhE 165 is whether yibum or chalitzah is the preferred
choice. The Rambam and Rif side with yibum (in cases when yibum is in
the almanah's best interest), as per the mishnah rishonah and possibly
repeated by the chakhamim in the gemara (Yevamos 39b). Whereas R' Tam, R'
Chananel & the Smag hold like Abba Shaul, that since it's too likely the
yavam has other things than reestablishing his brother's bayis in mind,
chalitzah is the better choice, bizman hazeh.

The AhS has an interesting take. First, in se'if 5, he rules out the
issue being mitzvos tzerikhos kavanah. If AS gave preference to chalitzah
because yibum requires kavanah, then it would be the Rambam and the
Rif -- the rishonim who more often hold mitzvos tzerichos kavanah --
who would be siding with him.

The AhS (se'if 6) proposes that the machloqes is huterah vs dechuyah.
If yibum is a matir for eishes ach, there is no problem doing the mitzvah
of yibum even if the yavam's interest is in his new wife solely for her
own qualities. However, if it is only docheh eishes ach, then any other
kavanah for performing yibum is desire for a sin, and thus should be
avoided by choosing chalitzah. And that this is the norm today.

I noticed that happens to parallel who holds piquach nefesh is matir
melekhes Shabbos vs who holds it is docheh it. There too Sepharadi
rishonim don't feel a need to minimize melakhah (huterah), whereas the
Ashk rishonim try to (because it's only dechuyah).

Tir'u baTov!
-Micha

-- 
Micha Berger             I thank God for my handicaps, for, through them,
micha at aishdas.org        I have found myself, my work, and my God.
http://www.aishdas.org                - Helen Keller
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