Wednesday, June 27, 2007


The Mishna teaches us that even if the yavam did not have intention for the mitzvah he has nevertheless acquired the yevamah.

The Minchas Chinuch writes that by a Biblical mitzvah, one is required to perform the mitzvah with the intention for the sake of the mitzvah. If the yavam cohabited with the yevamah under the assumption that she was another woman, or he acted wantonly, and did not intend for the mitzvah, he has indeed acquired her, but he has not fulfilled the mitzvah.

The Minchas Chinuch concludes that the yavam will have to cohabit with her again for the sake of the mitzvah in order to fulfill the mitzvah.

Reb Elchonon Wasserman disagrees and holds that intention is a requirement for the fulfillment of a mitzvah only when the mitzvah is to perform a certain action. However, if the mitzvah is to create a chalos, a certain condition, the mitzvah can be fulfilled even without the proper intention. The mitzvah of yibum is to acquire the yevamah; this mitzvah is accomplished even if the yavam did not intend to fulfill the mitzvah.