0

So I was always under the impression that we do yibum in order to continue the line or legacy or your dead brother. Then I was learning that when a baby is born, yawns, and then dies (Gemara in Shabbos 125), there are different opinions as to whether he was considered alive or not. If he was considered alive, yibum doesn’t have to be done (if the father aka your brother later dies without any further kids). But if not, yibum does have to be done. But then I was thinking, if the whole point of yibum is for legacy, then no matter, whether the baby was considered alive or dead, yibum should be done. And then I reasoned why don’t we do yibum if your brother had kids that could’ve been any age, but then they died without children, and then he died? Because the whole point of yibum is to continue your brothers legacy, which is done through him having kids, but if his kids die then shouldn’t you still do yibum?

Curious Yid
  • 2,344
  • 6
  • 17
  • 3
    Are you going to leave the widow on the hook forever just in case the prior children die? At some point she ought be able to say, he has a kid and I'm done. – Double AA Nov 03 '22 at 17:55
  • You are reading this like a dry calculation. If a widow consents to Yibum and has a baby that died immediately after birth, odds are both she and the surviving brother would be devastated and may not want to try again and for good reason. With the Rabbi's saying Yibbum could be done with the death of the child, they are saying these parents can opt out after this event, because even in those times it was known some people can't make viable babies. By giving these people an out they are trying to do what's best for everyone, not strictly what is best for the philosophical concept of yibum – Aaron Nov 03 '22 at 18:17
  • 2
    We do do Yibum if someone had children who predeceased him and he died without living descendants. That comes up many times the Gemora and Mishnoyis. – Schmerel Nov 03 '22 at 21:13
  • @DoubleAA yes I understand, I suppose my question is just about the philosophy of yibum. It seems to just have this endless circular logic. You can say you shouldn’t do yibum if your dead brother had a kid, because that’s his legacy. But then you could say you should do it if said kid died because then he has no legacy. The purpose of yibum just doesn’t fit the halachot… – Curious Yid Nov 04 '22 at 09:49

0 Answers0