<BODY><P>The Encyclopedia Talmudit indeed cites the principle "chalitza b'makon yibum eina mitzvah" (regarding yibum for chayvei lavim), and then says "not that chalitza is not a mitzvah *at all* (kol ikkar), but it is not the preferred mitzva in the face of yibum." The footnote cites the Tashbetz. This is what I have been saying all along (before seeing it in the ET). It seems that some may disagree, but the quoted statement seems to be the predominant one. </P>
<P>In Kovetz Shiurim Ktuvot siman 214, REBWasserman hy"d brings a proof to each side of the question if chalitza is a matir, like get, or a mitzva kiyumit. He does not decide the issue.</P>
<P>It seems to me that even if chalitza is "only" a matir, the fact that in the 5 yavam case each yavam did chalitza ktikuna, and was matir his yevama (although indeed we do not know which one she is) constitutes enough of a mitzva to distinguish the yibum case from the one in which by following a certain procedure one may not be doing any mitzva at all, like going to a city with a shofar where there is a safek if one can get to on time, thus running the risk that no mitzva of any kind will be done.</P>
<P>Saul Mashbaum</P>
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