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Comments on Does a living brother fulfill his own pru ur'vu during a Yibum marriage?

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Does a living brother fulfill his own pru ur'vu during a Yibum marriage?

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If a man is required to father a boy and a girl (according to B"Hillel in Yevamos 61b), but is married to his late brother's wife (the brother died, childless) then do (all) the children who are born of the Levirate marriage belong to the dead brother's "line" and fulfill the dead brother's or do they (some or all?) conclude the living brother's obligation?

As wikipedia puts it, "The offspring of the levirate union would be seen as a perpetuation of the deceased brother's name." The children (according to the same wiki page) might even inherit from the dead brother so they are considered "his" in certain ways. Would the living brother need to divorce this wife and marry another so that he can have children outside the context of his brother's marriage?

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General comments (5 comments)
General comments
msh210‭ wrote almost 4 years ago

Could you edit to clarify why divorce would be necessary before marrying another wife?

rosends‭ wrote almost 4 years ago · edited almost 4 years ago

@msh210 I don't know if it would (clearly, I'm playing fast and loose, inventing a time period where there is no automatic chalitzah, but expecting that multiple wives are not an option - mostly because I don't know how multiple wives plays into a yibum marriage and inheritance etc). My point simply was that in the hypothetical, he has to have children that are not intertwined with his brother's familial structure.

sabbahillel‭ wrote almost 4 years ago

Once he has fulfilled the brother's child, wouldn't any additional children be his?

rosends‭ wrote almost 4 years ago

@sabbahillel if the children from the former sister in law can inherit from the dead brother's estate, then they ALL (?) belong to the dead brother's "line". If there is a clear cut halacha that says "only the first" or "only the boys" then that's great -- the rest would "belong" to the living brother. Is there a source for that?

sabbahillel‭ wrote almost 4 years ago

@rosends I do not know what the halacha is supposed to be. I had thought that it was all to the first son, but I do not know for sure.