לרפואת מיכה חיים בן שרה בתוך שח"י
The pasuk says in parshas Vayeshev [38-8] that Yehuda told Onan to have relations with his brothers widow and "Vihakeim zera li-achicha".
The pasuk says in parshas Vayeshev [38-8] that Yehuda told Onan to have relations with his brothers widow and "Vihakeim zera li-achicha".
Rashi says that this means that the son born from this union will be named after the late brother.
The Ramban says that this is just NOT SO!! There is no mitzva to name the child after the late brother and he proves it! See there.
The problem is that it is not just the Ramban - it is an explicit Gemara [Yevamos 24a] that negates Rashi's assertion:
ת"ר (דברים כה, ו) והיה הבכור מיכן שמצוה בגדול לייבם (דברים כה, ו) אשר תלד פרט לאילונית שאין יולדת יקום על שם אחיו לנחלה
The Sages taught the following interpretation of the verse: “And it shall be that the firstborn that she bears shall be established in the name of his dead brother and his name will not be blotted out of Israel” (Deuteronomy 25:6). From here the Sages derive that the mitzva to consummate the levirate marriage is upon the eldest. The next phrase: “That she bears,” is interpreted to exclude levirate marriage in the case of a widow who is an aylonit, who cannot bear children. From the next phrase: “Shall be established in the name of his dead brother,” it is derived that the same brother who performs the mitzva of levirate marriage is established in his brother’s name with regard to inheritance, i.e., he inherits his brother’s property.
אתה אומר לנחלה או אינו אלא לשם יוסף קורין אותו יוסף יוחנן קורין אותו יוחנן נאמר כאן יקום על שם אחיו ונאמר להלן (בראשית מח, ו) על שם אחיהם יקראו בנחלתם מה שם האמור להלן נחלה אף שם האמור כאן לנחלה
The baraita continues and asks: Do you say that he succeeds in the name of his brother for inheritance, or perhaps it is only to inherit his name? If, e.g., the deceased brother was named Yosef, they must call the son born from levirate marriage Yosef, or if his name was Yoḥanan, then they must call him Yoḥanan. The baraita answers: It is stated here: “He shall succeed in the name of his brother,” and it is stated there: “They shall be called after the name of their brothers in their inheritance” (Genesis 48:6). Just as the word “name” stated there in Genesis is referring explicitly to inheritance, so too, the word “name” stated here in Leviticus means with regard to inheritance.
So we see NOT like Rashi and there is no mitzva to name the child after the late brother but rather the pasuk means that the child will inherit the late husband. [Incidentally - my wife can testify to the fact that I am often a late husband עד מאה ועשרים].
Also - Yehuda had relations with Tamar and their children were named Peretz and Zorach - and not after Tamar's late husband/s. The Rashba says [Yevamos 88a] that Yehuda had actually performed Yibum [in it's pre-Sinaitic form]. So why were they given new names and not named after Tamar's husband's?
Again we see that Rashi seems to be incorrect.
