Misva #597: Relations With a Woman Whose Husband Died Without Children Before Yibum or Halisa

The Torah in Parashat Ki-Seseh (Debarim 25:5) commands that when a married man dies without children, the widow may not have relations with another man until Yibum or Halisa. The term Yibum refers to the marriage of the deceased’s brother to the widow, and Halisa is a ceremony which the brother and widow perform if the brother does not wish to marry her. The Torah here commands that until Yibum or Halisa is performed, the widow may not have relations with any man, as the “Zika” (Halachic link) to her brother-in-law forbids her for all other men. If the widow does have relations with another man before Yibum or Halisa, then both she and the man violate this prohibition, and are liable to Malkut. The Rambam implies that this prohibition is violated only if the widow marries another man. The Sefer Ha’hinuch, however, writes that this command forbids relations with the widow even outside the context of marriage. The Sefer Ha’hinuch explains the reason for this command in his discussion of the next Misva, the obligation upon the deceased’s brother to perform Yibum.