Responsa על כתובות 153:18
Teshuvot Maharam
Q. A refuses to marry or give halitzah to his brother's childless widow claiming that, because a year has not yet passed since his brother's death, his deep sorrow prevents him from either marrying her or giving her halitzah.
A. A's temporizing is baseless and useless. Our sages have decreed that three months, and not a year or two, after a person died leaving no children, his brother must either marry the widow or give her halitzah. Therefore, no temporizing is permitted. A should be coerced, either by persuasion or by flagellation, into giving halitzah to the woman immediately. Let Gentiles belabor him till he agrees to do what he is told to do. I should prefer, however, that A be misled or deceived by offers of money till he voluntarily gives her halitzah. Thus the widow may officially forego her claim to her husband's money that is in A's possession, and even bind herself thereto by a kinyan. After the ceremony the widow would still be entitled to collect this money from A, for the court that has a right to inflict corporal punishment on A, has a right to confiscate his property if it be required by considerations of public welfare. I should prefer to practice deception on A rather than inflict flagellation, since the latter might involve great hardship, have very serious consequences, and even cause A to abscond.
SOURCES: Cr. 244; Pr. 492; P. 10; Moses Minz, Responsa 10.
A. A's temporizing is baseless and useless. Our sages have decreed that three months, and not a year or two, after a person died leaving no children, his brother must either marry the widow or give her halitzah. Therefore, no temporizing is permitted. A should be coerced, either by persuasion or by flagellation, into giving halitzah to the woman immediately. Let Gentiles belabor him till he agrees to do what he is told to do. I should prefer, however, that A be misled or deceived by offers of money till he voluntarily gives her halitzah. Thus the widow may officially forego her claim to her husband's money that is in A's possession, and even bind herself thereto by a kinyan. After the ceremony the widow would still be entitled to collect this money from A, for the court that has a right to inflict corporal punishment on A, has a right to confiscate his property if it be required by considerations of public welfare. I should prefer to practice deception on A rather than inflict flagellation, since the latter might involve great hardship, have very serious consequences, and even cause A to abscond.
SOURCES: Cr. 244; Pr. 492; P. 10; Moses Minz, Responsa 10.
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Teshuvot Maharam
Q. A refuses to marry or give halitzah to his brother's childless widow claiming that, because a year has not yet passed since his brother's death, his deep sorrow prevents him from either marrying her or giving her halitzah.
A. A's temporizing is baseless and useless. Our sages have decreed that three months, and not a year or two, after a person died leaving no children, his brother must either marry the widow or give her halitzah. Therefore, no temporizing is permitted. A should be coerced, either by persuasion or by flagellation, into giving halitzah to the woman immediately. Let Gentiles belabor him till he agrees to do what he is told to do. I should prefer, however, that A be misled or deceived by offers of money till he voluntarily gives her halitzah. Thus the widow may officially forego her claim to her husband's money that is in A's possession, and even bind herself thereto by a kinyan. After the ceremony the widow would still be entitled to collect this money from A, for the court that has a right to inflict corporal punishment on A, has a right to confiscate his property if it be required by considerations of public welfare. I should prefer to practice deception on A rather than inflict flagellation, since the latter might involve great hardship, have very serious consequences, and even cause A to abscond.
SOURCES: Cr. 244; Pr. 492; P. 10; Moses Minz, Responsa 10.
A. A's temporizing is baseless and useless. Our sages have decreed that three months, and not a year or two, after a person died leaving no children, his brother must either marry the widow or give her halitzah. Therefore, no temporizing is permitted. A should be coerced, either by persuasion or by flagellation, into giving halitzah to the woman immediately. Let Gentiles belabor him till he agrees to do what he is told to do. I should prefer, however, that A be misled or deceived by offers of money till he voluntarily gives her halitzah. Thus the widow may officially forego her claim to her husband's money that is in A's possession, and even bind herself thereto by a kinyan. After the ceremony the widow would still be entitled to collect this money from A, for the court that has a right to inflict corporal punishment on A, has a right to confiscate his property if it be required by considerations of public welfare. I should prefer to practice deception on A rather than inflict flagellation, since the latter might involve great hardship, have very serious consequences, and even cause A to abscond.
SOURCES: Cr. 244; Pr. 492; P. 10; Moses Minz, Responsa 10.
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Teshuvot Maharam
Q. A refuses to marry or give halitzah to his brother's childless widow claiming that, because a year has not yet passed since his brother's death, his deep sorrow prevents him from either marrying her or giving her halitzah.
A. A's temporizing is baseless and useless. Our sages have decreed that three months, and not a year or two, after a person died leaving no children, his brother must either marry the widow or give her halitzah. Therefore, no temporizing is permitted. A should be coerced, either by persuasion or by flagellation, into giving halitzah to the woman immediately. Let Gentiles belabor him till he agrees to do what he is told to do. I should prefer, however, that A be misled or deceived by offers of money till he voluntarily gives her halitzah. Thus the widow may officially forego her claim to her husband's money that is in A's possession, and even bind herself thereto by a kinyan. After the ceremony the widow would still be entitled to collect this money from A, for the court that has a right to inflict corporal punishment on A, has a right to confiscate his property if it be required by considerations of public welfare. I should prefer to practice deception on A rather than inflict flagellation, since the latter might involve great hardship, have very serious consequences, and even cause A to abscond.
SOURCES: Cr. 244; Pr. 492; P. 10; Moses Minz, Responsa 10.
A. A's temporizing is baseless and useless. Our sages have decreed that three months, and not a year or two, after a person died leaving no children, his brother must either marry the widow or give her halitzah. Therefore, no temporizing is permitted. A should be coerced, either by persuasion or by flagellation, into giving halitzah to the woman immediately. Let Gentiles belabor him till he agrees to do what he is told to do. I should prefer, however, that A be misled or deceived by offers of money till he voluntarily gives her halitzah. Thus the widow may officially forego her claim to her husband's money that is in A's possession, and even bind herself thereto by a kinyan. After the ceremony the widow would still be entitled to collect this money from A, for the court that has a right to inflict corporal punishment on A, has a right to confiscate his property if it be required by considerations of public welfare. I should prefer to practice deception on A rather than inflict flagellation, since the latter might involve great hardship, have very serious consequences, and even cause A to abscond.
SOURCES: Cr. 244; Pr. 492; P. 10; Moses Minz, Responsa 10.
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