Hello, this is general case of something I heard which may be a machlokes ramban/rashba. If a woman makes a neder that she won't marry a given man, then she marries his brother and the brother dies, is chalitzah required? Does Yibum override it?
The ramban/rashba machloket (i think) is stronger...if a man divorces his wife on the condition she not marry ploni, if she then marries ploni's brother and he dies, is there chalitzah? Or since "ain oleh le-yibum" its not required...because if she marries him maybe she's retroactively not divorced?
Thank you as always!
Josh
I think it works like this:
1) The Mishnah (Yevamos 111b) states that if a wife takes a Neder in her husband's lifetime that she will not have benefit from her husband's brother, and then her husband dies without children, we force the brother-in-law to do Chalitzah. The Mishnah discusses a scenario where she made the Neder when married to her husband, but it seems that the same Halachah would apply if she made a Neder -- before getting married to this husband -- that she will not have benefit from the future brother-in-law. One learns from the Mishnah that Yibum does not override the Neder, but rather that the solution must be Chalitzah.
2) The very first Rashba in Maseches Yevamos (2a) discusses the man who divorced his wife on condition that she will not marry Ploni, and she went and married Ploni's brother. The Rashba writes that it is logical to say that she does require Chalitzah. He writes that the rule "Kol she'Eino Oleh l'Chalitzah Eino Oleh l'Yibum" does not apply here, because this rule applies only when the reason that she cannot do Chalitzah is because of an "Ervah" prohibition. Here, the problem is not Ervah, but rather a side condition, and if the only reason that she cannot do Yibum is because of the condition, she does still need Chalitzah.
3) However, the Rashba also cites the Ramban who is doubtful about this matter and more inclined to say that she does not need Chalitzah. The Ramban learns that the rule "Kol she'Eino Oleh l'Yibum Eino Oleh l'Chalitzah" always applies, even if the reason that she cannot do Chalitzah is because of the condition. The Rashba concludes that since that is the inclination of the Ramban, he (the Rashba) is not able to make a decision opposed to the Ramban.
Kol Tuv,
Dovid Bloom