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

D'varim 25:6 says "the firstborn that she'll give birth to, he will stand on his dead brother's name". There are a few interpretations: Rashi says the eldest brother of the deceased should do yi...

posted 4y ago by msh210‭  ·  edited 4y ago by msh210‭

Answer
#4: Post edited by user avatar msh210‭ · 2021-01-03T19:22:32Z (almost 4 years ago)
  • _D'varim_ 25:6 says "the firstborn that she'll give birth to, he will stand on his dead brother's name". There are a few interpretations:
  • - _Rashi_ says the eldest brother of the deceased should do _yibum_ (viz, marry the widow), provided she can give birth, and he then inherits his brother's share in their father's estate. This interpretation is based on the _Bavli_ and is accepted in halacha (_Yore Dea_ 161:4, 163:1).
  • - _Ramban_ says this is an assurance [seemingly that the firstborn will in some sense stand in his father's stead]. _Rabenu Bachya (ben Asher)_ seems to say something similar.
  • - _S'forno_ indeed says that the firstborn of the new marriage will "count for God as the deceased's fulfillment of the command to multiply". But I cannot find this — and certainly not that it _doesn't_ count for the new husband — in _Shulchan Aruch_, _Bes Sh'muel_, _Chelkas M'chokek_, or _Aruch Hashulchan_ 1, 156, or 162–164, or in _Minchas Chinuch_ 1 or 598, so I strongly suspect it's not accepted in halacha, or at least that the children's _not_ counting for the new husband is not accepted in halacha.
  • _D'varim_ 25:6 says "the firstborn that she'll give birth to, he will stand on his dead brother's name". There are a few interpretations:
  • - _Rashi_ says the eldest brother of the deceased should do _yibum_ (i.e., marry the widow), provided she can give birth, and he then inherits his brother's share in their father's estate. This interpretation is based on the _Bavli_ and is accepted in halacha (_Yore Dea_ 161:4, 163:1).
  • - _Ramban_ says this is an assurance [seemingly that the firstborn will in some sense stand in his father's stead]. _Rabenu Bachya (ben Asher)_ seems to say something similar.
  • - _S'forno_ indeed says that the firstborn of the new marriage [or maybe he means all its children] will "count for God as the deceased's fulfillment of the command to multiply". But I cannot find this — and certainly not that it __doesn't__ count for the new husband — in _Shulchan Aruch_, _Bes Sh'muel_, _Chelkas M'chokek_, or _Aruch Hashulchan_ 1, 156, or 162–164, or in _Minchas Chinuch_ 1 or 598, so I strongly suspect it's not accepted in halacha, or at least that the children's _not_ counting for the new husband is not accepted in halacha.
#3: Post edited by user avatar msh210‭ · 2021-01-03T03:47:03Z (almost 4 years ago)
  • Although you quote from Wikipedia that "The offspring of the levirate union would be seen as a perpetuation of the deceased brother's name", that, though valid, does not seem to be accepted in halacha.
  • The verse (_D'varim_ 25:6) says "the firstborn that she'll give birth to, he will stand on his dead brother's name". There are a few interpretations:
  • - _Rashi_ says the eldest brother of the deceased should do _yibum_ (viz, marry the widow), provided she can give birth, and he then inherits his brother's share in their father's estate. This interpretation is based on the _Bavli_ and is accepted in halacha (_Yore Dea_ 161:4, 163:1).
  • - _Ramban_ says this is an assurance [seemingly that the firstborn will in some sense stand in his father's stead]. _Rabenu Bachya (ben Asher)_ seems to say something similar.
  • - _S'forno_ indeed says that the firstborn of the new marriage will "count for God as the deceased's fulfillment of the command to multiply". But I cannot find this — and certainly not that it _doesn't_ count for the new husband — in _Shulchan Aruch_, _Bes Sh'muel_, _Chelkas M'chokek_, or _Aruch Hashulchan_ 1, 156, or 162–164, or in _Minchas Chinuch_ 1 or 598, so I strongly suspect it's not accepted in halacha, or at least that the children's _not_ counting for the new husband is not accepted in halacha.
  • _D'varim_ 25:6 says "the firstborn that she'll give birth to, he will stand on his dead brother's name". There are a few interpretations:
  • - _Rashi_ says the eldest brother of the deceased should do _yibum_ (viz, marry the widow), provided she can give birth, and he then inherits his brother's share in their father's estate. This interpretation is based on the _Bavli_ and is accepted in halacha (_Yore Dea_ 161:4, 163:1).
  • - _Ramban_ says this is an assurance [seemingly that the firstborn will in some sense stand in his father's stead]. _Rabenu Bachya (ben Asher)_ seems to say something similar.
  • - _S'forno_ indeed says that the firstborn of the new marriage will "count for God as the deceased's fulfillment of the command to multiply". But I cannot find this — and certainly not that it _doesn't_ count for the new husband — in _Shulchan Aruch_, _Bes Sh'muel_, _Chelkas M'chokek_, or _Aruch Hashulchan_ 1, 156, or 162–164, or in _Minchas Chinuch_ 1 or 598, so I strongly suspect it's not accepted in halacha, or at least that the children's _not_ counting for the new husband is not accepted in halacha.
#2: Post edited by user avatar msh210‭ · 2021-01-03T03:46:12Z (almost 4 years ago)
  • Although you quote from Wikipedia that "The offspring of the levirate union would be seen as a perpetuation of the deceased brother's name", that, though valid, does not seem to be accepted in halacha.
  • The verse (_D'varim_ 25:6) says "the firstborn that she'll give birth to, he will stand on his dead brother's name". There are a few interpretations:
  • - _Rashi_ says the eldest brother of the deceased should do _yibum_ (viz, marry the widow), provided she can give birth, and he then inherits his brother's share in their father's estate. This interpretation is based on the _Bavli_ and is accepted in halacha (_Yore Dea_ 161:4, 163:1).
  • - _Ramban_ says this is an assurance [seemingly that the firstborn will in some sense stand in his father's stead]. _Rabenu Bachya (ben Asher)_ seems to say something similar.
  • - _S'forno_ indeed says that the firstborn of the new marriage will "count for God as the deceased's fulfillment of the command to multiply". But I cannot find this — and certainly not that it _doesn't_ count for the new husband — in _Shulchan Aruch_, _Bes Sh'muel_, _Chelkas M'chokek_, or _Aruch Hashulchan_ 1, 156, or 162–164, or in _Minchas Chinuch_ 1 or 598, so I strongly suspect it's not accepted in halacha.
  • Although you quote from Wikipedia that "The offspring of the levirate union would be seen as a perpetuation of the deceased brother's name", that, though valid, does not seem to be accepted in halacha.
  • The verse (_D'varim_ 25:6) says "the firstborn that she'll give birth to, he will stand on his dead brother's name". There are a few interpretations:
  • - _Rashi_ says the eldest brother of the deceased should do _yibum_ (viz, marry the widow), provided she can give birth, and he then inherits his brother's share in their father's estate. This interpretation is based on the _Bavli_ and is accepted in halacha (_Yore Dea_ 161:4, 163:1).
  • - _Ramban_ says this is an assurance [seemingly that the firstborn will in some sense stand in his father's stead]. _Rabenu Bachya (ben Asher)_ seems to say something similar.
  • - _S'forno_ indeed says that the firstborn of the new marriage will "count for God as the deceased's fulfillment of the command to multiply". But I cannot find this — and certainly not that it _doesn't_ count for the new husband — in _Shulchan Aruch_, _Bes Sh'muel_, _Chelkas M'chokek_, or _Aruch Hashulchan_ 1, 156, or 162–164, or in _Minchas Chinuch_ 1 or 598, so I strongly suspect it's not accepted in halacha, or at least that the children's _not_ counting for the new husband is not accepted in halacha.
#1: Initial revision by user avatar msh210‭ · 2021-01-03T03:44:04Z (almost 4 years ago)
Although you quote from Wikipedia that "The offspring of the levirate union would be seen as a perpetuation of the deceased brother's name", that, though valid, does not seem to be accepted in halacha.

The verse (_D'varim_ 25:6) says "the firstborn that she'll give birth to, he will stand on his dead brother's name". There are a few interpretations:

- _Rashi_ says the eldest brother of the deceased should do _yibum_ (viz, marry the widow), provided she can give birth, and he then inherits his brother's share in their father's estate. This interpretation is based on the _Bavli_ and is accepted in halacha (_Yore Dea_  161:4, 163:1).
- _Ramban_ says this is an assurance [seemingly that the firstborn will in some sense stand in his father's stead]. _Rabenu Bachya (ben Asher)_ seems to say something similar.
- _S'forno_ indeed says that the firstborn of the new marriage will "count for God as the deceased's fulfillment of the command to multiply". But I cannot find this — and certainly not that it _doesn't_ count for the new husband — in _Shulchan Aruch_, _Bes Sh'muel_, _Chelkas M'chokek_, or _Aruch Hashulchan_ 1, 156, or 162–164, or in _Minchas Chinuch_ 1 or 598, so I strongly suspect it's not accepted in halacha.