יום ג Date: 11 Cheshvan, 5774 (11/4/14) – Yevamos#31 {Eliezer}

WHIMSICAL DECREES

[31a bottom] Gemarah: When “A” has a questionable marriage to girl “1” (who is a prohibited relation to “A”’s brother “B”), with following death of “A,” “1”’s co-wife “2” would not be permitted to do subsequent Yebum with “B” (rather to do Chalitza) [because the co-wife “2” is considered a questionable co-wife of a prohibited relationship]. We allow Chalitza here because even if Yebum was performed (between “B” and “2”) it would be OK [because the Chazakah (previous status quo) before the questionable marriage would allow them to marry anyway].
Tosephos Yeshanim: In other cases when we advise just to do Chalitzah to be safe (rather than Yebum) we seem not to be worried by the possibility of assuming Yebum would be OK. This is because on a Biblical level the marriage would actually be permitted, therefore, no Rabbinic enactment was decreed to disallow Yebum.

D-E-ep Thoughts: The Rabbis did not just create erroneous laws. Every decree that is set actually functions as a gate for our own protection. We love our parents/teachers and should know that they (hopefully) always have our best interests at heart. The same holds true (and so much more so) with our Father in Heaven. He only gave us the Torah for us to live the most fulfilled life in this life and in the world to come.