Ros. Responsa 31 c

Ros. Responsa 31 c

Yibum

1963

Bibliotheca Rosenthaliana

Haim Rodrigues Pereira

PereiraH

Even Ha'Ezer

TRUE

Does a reform marriage make a woman subject to the levirate marriage laws, in a case where it is not certain the brother-in-law is still alive?

A woman is married by a Reform "rabbi" to a man, for whom she is permissible to marry him. The husband died without children. He had a brother abroad who converted out of Judaism at the time of his brother's "marriage". The woman remarried civilly to another Jew. Now the couple come in front of a local Orthodox Rabbi and they ask him to marry them in the proper Jewish way. During his investigation the Rabbi heard that the first "husband" had a brother abroad. The woman said that she no longer has any connection with this "brother-in-law" and she did noit even know if he was still alive because he had been sick for many years. The woman then approached the consulate of the country where her "brother-in-law" lived and asked them to find out if he lived there and any known addresses he may have had over the years. After some time the consulate informed her that in fact he had lived there, but that he had perished some years ago, and the consulate also provided details such as the date of death, burial place, etc. Now several questions: 1. Was the wife subject to the levirate marriage laws after her Reform marriage? May we believe the "brother-in-law" is dead? Is it permissible to properly marry the couple under these circumstances?