ואם לא יחפץ האיש לקחת את יבמתו... ואמרה מאן יבמי להקים לאחיו שם בישראל
For whatever reason, the surviving brother refuses to perform yibum, levirate marriage with his sister-in-law. The woman comes before bais din and declares, Me’ein yevami l’hakim shem b’Yisrael, “My brother-in-law refuses to establish a name for his brother.” It seems from the text that no more is said, other than that he simply refuses to perform the mitzvah. Reasons are not discussed. We find another instance of miyun, refusal, in the Torah, when Yosef refused to succumb to the advances made by Potifar’s wife: Va’yimaen, vayomer, “He refused and he said” (Berachos 39:8). In this case, however, Yosef seems to…
