Yevamot 53: More on Acquisition Via Intercourse: Consent, Coercion, Any Type Will Do

First, the rabbis continue their discussion about intercourse and chalitza as the two defining acts of yibum.  They note that chalitza is valid regardless of tanai kaul, compound conditions.  Tanai kaful tells us what will happen if the condition is met; additionally, it tells us what will happen if the condition is not met.  We learn in a note that Tanai kaful require four elements to be fulfilled: both positive and negative aspects must be stated, its positive aspect must happen before the negative aspect, the condition must be stated before the action itself is stated, and the condition itself is feasible.  Thus chalitza is valid and dissolves the leverite bond, even if the yavam insisted on a gift from the yevama in addition to chalitza.

Steinsaltz provides us with a chart to explain exactly which acts are valid when performed in different orders.  Chalitza, Intercourse, Levirate betrothal, and the Get are listed as alternate first and as second acts.  In each case, he describes whether or not those acts are valid in that order.  He also suggests which further actions could be taken.

Our new Mishna is the start of Perek VI.  The Mishna teaches that intercourse is valid in yibum regardless of consent, coercion, or type of intercourse.  Further, any type of intercourse between a yavam and a yevama who is forbidden to him by Torah or rabbinical law disqualifies the yevama from marrying  into the priesthood.  

The Gemara begins to deconstruct this Mishna by looking at intent.  The rabbis agree that both people should ideally be consenting and performing this mitzvah for its own sake.  However, intercourse is valid regardless of whether or not either or both people are willing or intent on performing the mitzvah.

Next, the Gemara wonders what coercion might mean when thinking of a man.  Rava suggests that there is no such thing as coercion of a man, for there is no erection without intent.  Perhaps he was sleeping and his yevama "drew him onto herself".  Some of our commentary looks at this further.  The rabbis seem to agree that men must be somewhat cooperative to participate in an act of intercourse.  

We will see where this conversation goes as it continues tomorrow.  One of the interesting questions I am waiting to learn more about is the notion that any sexual act of intercourse - specifically anal intercourse - is a valid acquisition of the yevama in levirite marriage.  So far I have seen no mention of other forms of intercourse.  Why would anal intercourse be valid in these circumstances and not in ordinary marriage rituals? As we learn from Steinsaltz, shouldn't yibum require the act of intercourse that might result in a child?  Was that not the entire point of yibum (a husband dies childless and so his wife is permitted to be with his brother to continue the family line)?