Comentário sobre Yevamot 13:13
הַנּוֹדֶרֶת הֲנָאָה מִיְבָמָהּ בְּחַיֵּי בַעְלָהּ, כּוֹפִין אוֹתוֹ שֶׁיַּחֲלֹץ לָהּ. לְאַחַר מִיתַת בַּעְלָהּ, מְבַקְשִׁין הֵימֶנּוּ שֶׁיַּחֲלֹץ לָהּ. וְאִם נִתְכַּוְּנָה לְכָךְ, אֲפִלּוּ בְחַיֵּי בַעְלָהּ, מְבַקְשִׁין הֵימֶנּוּ שֶׁיַּחֲלֹץ לָהּ:
[Se] uma mulher jurou durante a vida do marido contra [receber qualquer] benefício de seu Yavam [e o marido morre], obrigam-no a se submeter a Chalitzah . [Se ela fez tal voto] após a morte do marido - eles pedem que ele se submeta a Calitza . E se ela pretendia isso [evitar Chalitzah e prometeu] mesmo durante a vida de seu marido, eles pedem que ele se submeta a Chalitzah .
Bartenura on Mishnah Yevamot
הנודרת הנאה מיבמה בחיי בעלה כופין אותו שיחלוץ לה – she did not intend that her husband should die, and that she would fall before him (i.e., the levir) for levirate marriage, and she takes her Ketubah [settlement]. But, after the death of her husband, she rebels and we establish that we write a document stating the wife’s refusal of duties on the sister-in-law waiting for the levir to act and we requires of him to perform Halitzah and to give her Ketubah if he desires, but if he doesn’t want to perform Halitzah and she rebels against him, and she comes to lose her Ketubah [settlement], we force him to perform Halitzah.
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English Explanation of Mishnah Yevamot
Introduction
This mishnah discusses a woman who made a vow not to receive any benefit from her yavam (her brother-in-law). Since sexual intercourse is a benefit, for it is pleasurable, she cannot have yibbum. The question is, is the yavam forced by the courtto perform halitzah for her, or is he merely requested to do so.
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English Explanation of Mishnah Yevamot
If a woman vowed to have no benefit from her yavam:
If the vow was made during the husband’s lifetime they force him to perform halitzah, If the woman made the vow while her husband was still alive, and her brother-in-law was not yet her yavam, and then her husband dies, the court forces the yavam to perform halitzah. This is because her vow was not made with the intention of subverting yibbum. She may have made her vow just because she really didn’t like her brother-in-law or for any other reason.
If the vow was made during the husband’s lifetime they force him to perform halitzah, If the woman made the vow while her husband was still alive, and her brother-in-law was not yet her yavam, and then her husband dies, the court forces the yavam to perform halitzah. This is because her vow was not made with the intention of subverting yibbum. She may have made her vow just because she really didn’t like her brother-in-law or for any other reason.
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English Explanation of Mishnah Yevamot
[If her vow was made] after the death of her husband, they request of him to perform halitzah. If she made the vow after her husband died, it was obviously made in attempt to circumvent yibbum. While the vow is still valid, and the yavam may not have yibbum with her, she is not automatically granted halitzah. Rather the court requests of the yavam to perform halitzah, but does not force him to do so.
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English Explanation of Mishnah Yevamot
If this was her intention, [even if her vow was made] during the lifetime of her husband, they request of him to perform halitzah. Similarly, if it was clear that she made the vow only to avoid yibbum, even if she made the vow when her husband was alive, the yavam is not forced to perform halitzah. She cannot use this vow as a means to circumvent yibbum. Her intention would have been clear if, for instance, she said that she was doing so in order to avoid yibbum.
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