A Son May Marry the Maidservant but Not a Brother

Yalkut Shimoni on Torah 320:6

Curated by Arthur·Told by Maggid·

(Exodus 21:9-11) "And if he designates her for his son": for his son he may designate her, but not for his brother. For one might have reasoned: if the son, who does not stand in the father's place for levirate marriage, may designate her, then the brother, who does come in his place for levirate marriage, surely by reason should be able to designate her. No: if you say so of the son, who enters in the father's place for inheritance, will you say so of the brother, who does not enter in his place for inheritance? Therefore he may not designate her. Scripture teaches, saying "for his son he shall designate her": for his son there is designation, but there is no designation for his brother.

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WomenMarriageLaw

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