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A childless widow and her brother-in-law, who were also cousins and came from the Iranian Jewish community, approached beit din with the request to do yibum. In 5710, the two Chief Rabbis instituted that in Israel, even Sephardim, who traditionally did yibum, would not do so, "so that it not look like there are two Torahs." Only in special cases where the Chief Rabbis give special permission would it be permitted.
Ruling: The classical machloket between Jewish communities over yibum stems from the machloket between Rabbanan and Abba Shaul (Yevamot 39b). Abba Shaul says that chalitza has precedence over yibum because if the brother-in-law intends for worldly interests, as opposed to the mitzva of yibum, it is as if there is a violation of incest. Rabbanan say that even with improper intentions, yibum is permitted. The Rif, Rambam, and Shulchan Aruch (Even Haezer 165) rule like Rabbanan that yibum has precedence, whereas Rabbeinu Tam and the Rama rule like Abba Shaul.
The Nimukei Yosef says that even according to Abba Shaul, the prohibition of improper intentions is only rabbinic. The Noda B’Yehuda (II, EH 54) says that there is not a need for a positive intention for a mitzva, just that it should not be specifically for an ulterior motive, such as the woman’s beauty. Regarding a case of one who has in mind both for the mitzva and for her beauty, there is a machloket. The stronger opinion is that of the Aruch Hashulchan (EH 164:8) and Shvut Yaakov (III, 135), who say it is permitted when one has intention for both. For that reason, it is a somewhat distant concern that one will have in mind only for ulterior motives. Acharonim make comparisons to various parallel topics, including that of one who does a brit mila in a manner that removes tzara’at (which is usually forbidden to remove) along with the mitzva, and the gemara (Shabbat 133) permits it.
In any case, Sephardim follow the Shulchan Aruch that yibum is permitted regardless of the intention. Even though some Sephardi poskim allow being stringent against the Shulchan Aruch, that is only when there is not a clear minhag to follow the specific halacha. In this case, though, there was a clear practice to do yibum (including in many Ashkenazi communities).
It is therefore strange that Sephardi rabbanim accepted the injunction against yibum in Israel. The claim that otherwise it would look like there are two Torahs is difficult because in many areas of halacha (including shechita) there are two different practices. There is not a problem of lo titgodedu because there are two separate communities in Israel.
Therefore, beit din ruled by majority to approve the proposed yibum. Chief Rabbi Mordechai Eliyahu signed the permission. [We do not know whether Chief Rabbi Shapira was also required to sign and whether he did.]
P'ninat Mishpat (829)
Various Rabbis
163 - Does a Mother Have an Obligation to Support Her Children?
164 - Allowing Yibum for Sephardim in Israel
165 - The Status of the Director of an Organization
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Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
P'ninat Mishpat P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
