Shulchan Arukh Even HaEzer · Siman 172

Shulchan Arukh Even HaEzer 172 — English translation

Translation: Sefaria Community Translation. Section numbers match the Hebrew text above.

1. 1Someone "saris chamah" (explanation: he became impotent through a disease of fever, Aruch), and an "ayalonit" (explanation: she has a male nature, which means she cannot become pregnant, and "ayalonit" comes from "ayil" which is the male sheep [i.e. ram]), they do not have to do chalitza and yibbum. Therefore, someone who is a definite ayalonit who does chalitza [even though she didn't have to] is not invalid to a kohen. And similarly if someone who is impotent because if fever who does chalitza, or [his relative when he dies] does chalitza to his wife, it is nothing. Rem"a: If it is [only] a possible saris, he does do chalitza. And we do not assume for a definite saris, unless they see when he was born that he had one of the signs of impotence, for example they sprinkle water but does not make a covering. Buit without this, we suspect the damage happened after birth, and he must do chalitza (Rivash Siman 474). A definite ayalonit's rival wife is permitted to her yibbum [despite the fact that the ayalonit is not].
2. 2A doubted ayalonit, she does chalitza but not yibbum.
3. 3A man who was castrated by human intervention (that is, that his castration was done by a person) who had a period [in his life] when he was complete, [his brother] performs either halitza or levirate marriage [with his widow], and he performs halitza [with his brother's widow] but not levirate marriage, becasue he is ineligible to marry into the community. If he did transgress and have intercourse with her, he has married her and must divorce her with a write of divorce. Rem"a: If his sister-in-law is a convert or any other woman who may marry a 'man with a severed member', he may perform levirate marriage.
4. 4The age one needs to be to considered infertile according to these aforementioned signs, is discussed in the Rambam's second perek of hilchos ishus, and in S.A E.H siman 155. Rema:
5. 5One who's testicles or sinew are torn, broken or crushed by another person is called infertile. When he is 13 years and one day old he is called a major because he will never be able to produce the normal signs of puberty.
6. 6An androgynous [somebody who has both male and female parts] is not able to perform chalitzah or yibum. Some say he is considered a male for everything.
7. 7Tumtum (person of indeterminate sex) extracts but does not levirate, because he's questionable. and if [it] got torn and happens to be male, [if he] wanted extracts, [if he] wanted levirates. and there's one saying that he's questionable and [adjudicate] to Chumra.
8. 8A very elderly man, whose strength has weakened and stumbles has the status of a eunuch with regards to chalitzah or yibum . But if he has relations with his yevamah , then he may keep her [stay married to her].
9. 9A woman who is deaf or mentally impaired or a minor performs yibum but not chalitzah. And if the yavam wanted to divorce the deaf woman with a get after having intercourse with her, behold he divorces [her].
10. 10The deaf, the insane and minors cannot perform Halitza, but they can perform Yibum. A deaf man whose sister in law "fell" to him from his "intelligent" brother is unable to ever divorce her. However if she "fell" to him from a deaf brother he can divorce her by giving a get after consummation. A minor can divorce her with a get if he consummated after achieving majority. If that is not the case he she requires a get to free her from his ma'amar as well as halitzah to end the Yibum relationship. (Zika)
11. 11Two brothers, one who is intelligent and the other deaf, are married to two intelligent women, upon the death of the dead brother married to the intelligent woman, his intelligent brother can perform Halitzah if he so wishes, or Yibum if he so wishes. If the intelligent husband of the intelligent woman dies, his deaf brother cannot perform Halitzah; he must marry her and can never divorce her.
12. 12Two intelligent brothers who are married to two women, one whom is intelligent and the other deaf; if the intelligent husband of the deaf woman dies the deaf woman cannot have Halitza rather he must marry her and he may divorce her with with get afterwards if he so wishes. If the intelligent husband of the intelligent woman dies, his brother can perform halitzah if he so wishes or Yibum if he so wishes.
13. 13Two brothers one who who is deaf and the other intelligent who are married to two women one who is deaf and the other intelligent; the intelligent brother is married to the intelligent woman while the deaf brother is married to the deaf woman. If the deaf brother who is married to the dead woman dies, his intelligent brother marries her and may divorce her with a get afterwards if he so wishes. If the intelligent brother who is married to the intelligent woman dies, his deaf brother marries her and can never divorce her. A blind man performs Yibum. Rema- he may not perform Halitzah, and if he did perform Halitzah his Halitzah his Halitzah is valid. (Tur) It appears to me that if there is no brother besides him he may perform Halitzah a priori as there are no alternatives. Check on this further on in Chaper 149 in the commentary on Chalitza verse 64.
14. 14A woman who is small or a woman who is mentally retarded is exempt from חֲלִיצָה and יִּבּוּם; but a woman who is deaf, old, or barren, they are like all other women, and do חֲלִיצָה and יִּבּוּם

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