QUESTION: The Gemara says that we learn from a verse, "v'Yibmah" (Devarim
25:5), that one may perform Yibum against the will of the woman. RASHI (DH
Ba'al Karchah) explains what this means, and says that it means that even if
the brother marries her against her will, he is Koneh her "with regard to
Yerushah (inheriting her possessions), Tum'ah (being Metamei for her if he is
a Kohen), and with regard to all matters, she is his wife."
Why does Rashi specify that the verse that teaches that one may do Yibum
against the will of the woman means that he is Koneh her for all matters of
Kinyan? Rashi should have explained that it refers to laws of Ishus,
marriage. The Gemara simply says that he has performed the Mitzvah of Yibum,
even though it was done without her consent, and now she must have a Get if
she wants to remarry; Chalitzah will no longer suffice! Why does he have to
describe this Halachah in terms of Kinyanim, and not in terms of fulfilling
the Mitzvah of Yibum? (HAGAHOS MAHARSHAM)
ANSWER: Rashi was bothered by a question. Why does the Gemara have to derive
from the verse of "v'Yibmah" that Yibum can be done against the will of the
woman? It is not necessary to teach us that he can perform the Mitzvah of
Yibum against her will, because the verse that introduces Chalitzah states
explicitly, "Im Lo Yachpotz *ha'Ish*..." -- "If *the man* does not desire to
marry his Yevamah..." (Devarim 25:7). The verse clearly makes it dependant
upon the *man's* will; if *he* does not want to do Yibum, then they perform
Chalitzah, and if he does want to do Yibum, then they do Yibum regardless of
what the woman wants. It is clear from the fact that the Torah says that
Yibum depends on his will, and that Chalitzah is done only if *he* does not
want to do Yibum, that Yibum may be done against the will of the woman.
What, then, is the verse of "v'Yibmah" teaching? We might have thought that
although the Mitzvah of Yibum may be performed against her will, it does not
affect matters of Kinyanim unless she consents. Therefore, Rashi explains,
the Gemara finds a source to prove that even regarding Kinyanim, Yibum
against the Yevamah's will is effective.