Levirate Marriage and the Family[ ]They offered a general rule regarding the yevama {lit. “sister-
in-law,” this term is used for the widow of a childless man}: Any
yevama who is forbidden [to her levir] because of consanguinity
does not perform halitza nor does she enter into levirate marriage.
If she is forbidden because of a prohibition on account of a
commandment or a prohibition on account of sanctity, she may
perform halitza but may not enter into levirate marriage. If her
sister is also her sister-in-law, she may perform halitza or enter into
levirate marriage.^65The first two chapters of Mishnah Yevamot detail situations in which
neither levirate marriage nor halitza is required, owing to the relation-
ship between the levir and the yevama. In such cases, the preexisting
relationship prevents the formation of a levirate bond. The third chap-
ter considers cases in which a levirate bond is formed, but marriage be-
tween the levir and the yevama is impossible; in such cases, halitza is
the only option.
The fourth chapter of Mishnah Yevamot discusses the actual terms
and conditions of levirate marriage. It assigns the responsibility for le-
virate marriage or halitza to the oldest surviving brother, but acknowl-
edges the right of any brother to fulfill the levirate obligation.^66 It con-
siders the status of the levir and the yevama if they marry or perform
halitza only to discover that the yevama is pregnant.^67 To avoid such a
situation, the Mishnah requires a three-month waiting period between
the husband’s death and any action regarding the levirate obligation.^68
The waiting period leaves the yevama in a n a mbig uous state, necessitat-
ing a discussion of her power to manage her property.^69
The Mishnah teaches that should a man marry his brother’s widow,
“she is like his wife in every way.”^70 A man has the same rights and re-
sponsibilities toward a wife taken in levirate marriage as he does with
regard to any wife. The only difference involves the marriage contract.
In the event of divorce or the levir’s death, the woman’s marriage por-
tion is paid from the estate of the first husband, in recognition that it was
the first marriage that necessitated the second. The levir who performs
lev irate ma r r iage receives h is deceased brot her’s estate; i f a ny one of t he
brothers performs halitza, the deceased’s estate is divided among all
the surviving brothers.^71 The Mishnah also considers the legal relation-