[ ]From Wife to Widow and Back Againwho was bor n du r i ng t he l i fet i me of t he deceased a nd who had t he sa me
father.^27 It must be clear that the w idow is not pregnant; if she is, her sta-
tus cannot be resolved until the child is born.^28
Even when these conditions are met, levirate marriage may not be pos-
sible. The relationship between the yevama and her husband’s brother
must be determined before marriage, or even halitza, is mandated. If the
yevama is a close relative of her brother-in-law as well as his sister-in-
law, neither levirate nor halitza is permitted.^29 Furthermore, because co-
w ives a re t reated as a u n it for t he pu r pose of lev i rate, i f a ny one of a ma n’s
widows is closely related and therefore forbidden to his brother, all the
widows are exempt from levirate marriage and halitza.^30 In some cases,
halitza may be required but levirate marriage forbidden; this is the case
in situations in which the marriage of the widow, or in certain circum-
stances that of her co-wife, to the deceased was problematic.^31
There may also be circumstances surrounding the widow, her de-
ceased husband, or his brother that obviate the requirement for levi-
rate marriage. If the deceased was a eunuch, a person of indeterminate
gender, a freed slave, or a proselyte, there can be no levirate marriage or
halitza.^32 Neither a sterile woman nor a eunuch can enter into a levirate
marriage, nor are they required to perform halitza.^33
The rules found in the Mishnah and the Tosefta clearly indicate that
not all widows of childless men will be treated as levirate widows. Tan-
naitic texts do not indicate what happens to a woman who is exempt
from the requirement of levirate. We can assume that she is treated like
a “regular” widow, and may collect her marriage settlement and re-
marry as she chooses. Nor is there any way to know how a woman’s sta-
tus was determined upon the death of her husband. Was she expected to
know whether or not she was under the obligation to await her brother-
in-law’s decision, or was it the responsibility of her husband’s family to
determine her eligibility and that of the brother-in-law for levirate? The
Mishnah takes for granted that individuals will be able to determine the
necessity of levirate or halitza or assumes they will consult the appropri-
ate authorities.
Woman in Waiting: The Levirate Widow
In the event that all or some of a man’s widows are eligible for levirate
with all or some of his surviving brothers, all of the eligible widows and