PEH345
Link to Dicta
Group ID
69
Hirsch Summary
A woman conceived on the new moon of Nisan. Three days later, her husband went to sea. On the new moon of Kislev, she learned of his death. She then gave birth to a girl who died after three days. The question arose whether she was subject to levirate marriage (yibbum) by her husband's brother or if only halitza (the ritual release) was appropriate according to rabbinic law. What if the woman had already married a Cohen without permission? Moses Alvares decided that if the child had hair and nails, only halitza according to rabbinic law should be performed, and in the case where the woman had married a Cohen, even halitza would not be applicable. If the child lacked both signs, then halitza according to the Torah was prescribed, and levirate marriage was not appropriate, as it might conflict with the teachings of Maimonides. See also 277 and 883. The pagination on pages 270 and 271 incorrectly shows "???" and "???"
Volume
3
Written Date
1756-01-22
Published Date (est.)
1756-05-01
Rector
Abendana de Britto, Isaac Chaim
Collection
Citation
“PEH345,” Pri Ets Haim Amsterdam Responsa, accessed March 21, 2026, https://pehh.library.utoronto.ca/items/show/10116.
