Yevamot 52: Processes of Acquisition

Does the mitzva of yibum require betrothal, or is intercourse good enough?  The rabbis discuss whether betrothal followed by intercourse is the proper performance of the mitzva of yibum.  It is clear that the rabbis prefer betrothal followed by intercourse.  If intercourse alone finalizes the marriage, then yibum is extremely different from other marriages; the rabbis do not want to give the impression that licentiousness or immodesty is ever condoned.

After teaching us that yevamin might be flogged for having intercourse with their yevamot without betrothal, the rabbis continue with this line of thought.  Many others are subject to flogging/lashes.  Most of the examples shared speak of insubordination toward the Sages/rabbinic law or 'immodest behaviour'. Immodest behaviour includes betrothal in the marketplace rather than in the home, which suggests a lack of planning and family involvement; it is similar to soliciting a prostitute, we learn in a note.

An interesting example is shared regarding a son-in-law who lives with his in-laws.  This man is to be lashed, for the couples are tempting infidelity by living together.  But what about a man who walks through his father-in-law's home?  Why was he lashed?  The Gemara explains that the rabbis were referring to Rav Sheshet, who lashed a man who passed through his father-in-law's house.  In that case, however, the man was already rumoured to be in a forbidden relationship with his mother-in-law.  To walk through the home was to encourage these rumours.  A note teaches us that a ruling allowed young couples to live in a separated part of the in-laws' homes.  This ruling has been used to allow many multi-generational families to live together.

The Gemara outlines the ketubah, marriage contract, written for a yevama.  It is similar to that of an ordinary bride, but the financial responsibility for her comes first from her deceased husband's estate.  The Gemara then discusses the get, divorce contract, that might be given to a yevama.  It could be written at the time of the betrothal and presented after the marriage; it could be conditional, stating that the woman cannot marry anyone else.  The rabbis seem to direct their concern toward the status of women regarding the priesthood.  Divorced women may not marry kohanim, priests.  We can see that the rabbis are protective of that tiered system.

The rabbis then discuss these points in greater detail.  If a get is written in advance and presented after the marriage, does it dissolve the bond of yibum?  If the get is presented in an ordinary marriage in this way, there are different considerations.  The levirate bond ties the yavam and yevama together in a manner different from other relationships.  

At the end of our daf, the rabbis attempt to compare the acquisition of a wife through yibum to the acquisition of the land belonging to a convert who dies without heirs.  This attempted parallel is very telling; the process of marriage and certainly the process of marriage through yibum is truly an act of acquisition.  Wives are a form of property that are owned - bought through contracts and rituals; released from ownership through other formalized processes.