Sunday, July 01, 2007


The Gemora is seeking to find a case of a yavam who cohabits with a woman awaiting yibum, but she still remains a woman awaiting yibum. In truth, there are some cases, but for various reasons they don't meet the Gemora’s conditions. For example, Tosfos says that when the yavam does not intend for cohabitation at all, he does not acquire her, yet it does not fulfill the Gemora’s requirement that we only administer the waters when the husband’s cohabitation with her has preceded the adulterer’s cohabitation with her, but otherwise, we do not give her to drink. since the pesukim by sotah imply that the husband had intent for cohabitation before she committed adultery.

How many cases are there of a yavam cohabitating with the yevamah, and not acquiring her?

Reb Avi Lebovitz lists some of them:

1. Any time he does not intend for cohabitation at all, as we see in the Gemora 54a. This includes intent to press against the wall, and falling from a roof, and when he is sleeping (according to Tosfos).

2. Cohabitation with a limp member: Tosfos 53b says that even according to the opinion that you are liable by arayos, you cannot acquire a yevamah (the Gemora couldn't use this case on 58b - see aruch l'ner).

3. When he is sleeping, he does not acquire her because he is not an intelligent being at that time (according to Rashi).

4. There is a discussion between Reb Akiva Eiger and his son regarding one who cohabited with specific intention not to acquire his yevamah.