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nothing earth shattering in this, i just happened to learn this this morning, (my chavrusa is a Kohen no less) and found it interesting.
if the Kohen Godols brother is niftar and the brothers wife is without children, the K’G certainly cannot do yibum, but he can do chalitzah.
what is the chiddush that he can do chalitzah, why would we think that he could not do chalitzah?
what is the chiddush that he can do chalitzah, why would we think that he could not do chalitzah?
In most cases where yibum is forbidden, chalitza is not done either. For example, if a man’s daughter falls to him in yibum, no yibum or chalitza is done. This is because she is an erva to him.
It is possible, however, for a KG to marry a widow. In other words, if he does it, it’s a valid (although forbidden) marriage. Since a marriage *is* possible, chalitzah must be done.
Interestingly enough, WRT a kohen gadol, he could even, m’ikar hadin, do yibum, since the first act is an aseh which overrides the prohibition. However, since any subsequent conjugal acts would be forbidden, we do not allow him to perform the first.
The Wolf
Because he is “aino btoras yibbum”.
Usually someone who can’t do Yibum Paters from Chalitza. EX is a daughter who married her uncle.
In this case, it is only an Aseh that blocks him, so he is allowed to do it.
gavra isnt it an aseh (kdosh t’hyu) and also a lo’ saasay? im asking i dont know what the lo sasay is i just always assumed it.
No. K’doshim tihiyu is WRT a regular kohen (and a KG) and a g’rusha/challalah/zonah.
The Wolf
@Mod:
The main answer is like Wolf and Gavra said; also, assuming you learned the Mishnah in Sanhedrin, it could be that it’s because it’s a continuation from the first part of the Mishna which says that a king does neither Yibum nor Chalitzah, so we stay with the same format.
no meaning i got the asay wrong?
or no meaning there is no lo sasay
There is a negative commandment — “almana you yikachu”
K’doshim Tihiyu, however, TTBOMU, does NOT cover a widow, since it’s a commandment to ALL kohanim and 99.9999% of them can marry a widow.
The Wolf
Pardon me. What I meant was that the chiddush is because you might think he is aino btoras. As you said, Wolf and gavra answered it clearly.
btw, i wonder if the spitting is ma’akev?
Yes, the spitting is an essential part of the rite.
The Wolf
Another point that “K’doshim T’hiyu” doesn’t apply to a widow:
A Kohen who is married to a widow and is appointed KG is allowed to remain married to his wife. If she were subject to KT, every further conjugal act should be forbidden. Since he can remain married to her, it’s obvious that KT does not apply.
The Wolf
Or maybe not. Who knows… maybe everything I’ve said here is 100% wrong. Forget anything I said in this thread, it’s probably worthless anyway.
The Wolf
It’s an aseh (Key IM B’sulah Mayamov yekoch) and also a lo’ saasay Almonoh Ugrushoh… LO Sikuch.
It’s an aseh (Key IM B’sulah Mayamov yekoch) and also a lo’ saasay Almonoh Ugrushoh… LO Sikuch.
Right. Like I said, forget everything I said in this thread. It’s* all garbage. 🙁
The Wolf
* My musings, not the thread.
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