daf bit: Kiddushin 64

[cellio]

The mishna teaches: if, at the time of his death, a man says "I have sons", he is believed. But if he says "I have brothers", he is not believed. What is this about? If he has sons then he is not childless and therefore his wife is not obligated to marry his brother (levirate marriage) -- and, in the other case, if he has no brothers then she is not obligated to marry them. Both of these serve to protect her from an unwanted remarriage. (64a)

There is another way for her to get out of the marriage (chalitzah), but the rabbis consider it demeaning for the rejected brother (and maybe for her too; I seem to recall that but don't know from where). So this spares that indignity. And presumably if she is childless and actually wants to marry his brother through levirate marriage, the husband can just keep his mouth shut. :-)

Comments

[sethg]

The brother has to be physically present to perform the chalitzah ceremony. So if the "I have brothers" declaration was believed but nobody could actually find the alleged brothers, then the widow would be an agunah for the rest of her life.

[cellio]

Oh, good point!

[caryabend.livejournal.com]

Yet another example of "You Can't Take It With You."

[zevabe.livejournal.com]

Also, if the existance of sons or brothers is already known, the pronouncement is unhelpful and unneccesary.