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1) IS SPITTING ESSENTIAL?

(a) (Beraisa): If she removed the shoe but did not spit or read the verses, the Chalitzah is valid; if she spit but did not remove the shoe or read the verses, the Chalitzah is invalid; if she read the verses but did not spit or remove the shoe, there is nothing to be concerned for.
(b) Question: Who taught this Beraisa?

1. Suggestion: If R. Eliezer - but the Beraisa says, if she removed the shoe but did not spit or read the verses, the Chalitzah is valid - and R. Eliezer says, "So will be done" - every action is essential to Chalitzah!

(c) Answer: Rather, the Beraisa is as R. Akiva - and it says, if she spit but did not remove the shoe or read the verses, the Chalitzah is invalid.
(d) Question: To whom is it invalid?

1. Suggestion: If to permit her to strangers - obviously, such a Chalitzah does not permit her!

(e) Rather, it disqualifies her to the brothers.
(f) Question: According to R. Akiva, why is she disqualified when she just spits, but not for just reading the verses?
(g) Answer: Verses are read both before and after removing the shoe, people that see her reading will not assume that she already removed the shoe;

1. Spitting is only done after removing the shoe - one who sees her spit will assume that she already took off the shoe, and (if she would do Yibum) they will think that one may do Yibum after Chalitzah.

(h) Version #2: A Yevamah that spit takes off the shoe, and she need not spit again.

1. This is as the Yevamah that came before R, Ami. She spit before taking off the shoe.
2. R. Ami: She should take off the shoe, and she will be finished.
3. R. Aba: But she must spit!
4. R. Ami: She already spit!
5. R. Aba: Let her spit again - it can't hurt!
6. R. Ami: A calamity may result if she spits again - people will say, the first spitting has no effect, and they will permit a Chalutzah to do Yibum!
7. R. Aba: But the events must be done in order!
8. R. Ami: The order is not essential.

(i) R. Aba thought that R. Ami was pushing him off (with a false response); he later found that the answer was correct.

1. (Beraisa): Whether the shoe was removed before she spit, or she spit before she removed the shoe, what was done, was done.

(a) Questions: Can a woman without hands do Chalitzah? If a Yevamah spit blood, does this count as spitting? "... That is written in truth" - is there (Sacred) writing which is not truthful?!

1. Levi could not answer; he asked in the Beis Midrash.

(b) Answers (Beis Midrash): It doesn't say, she will take off his shoe with her hand! It doesn't say, she will spit saliva!

1. "That is written in truth" - a decree which Hash-m swore to can not be repealed; if He did not swear to it, it can be repealed.

i. (Rav Shmuel Bar Ami): A decree with an oath is not torn up - "Therefore I swore to the house of Eli, their sin will never be atoned with animal or flour offerings".
ii. (Rabah): It will never be atoned with animal or flour offerings, but it may be atoned through Torah.
iii. (Abaye): It will never be atoned with animal or flour offerings, but it may be atoned through bestowing Chesed.
iv. Rabah and Abaye were from the house of Eli. Rabah engaged in Torah and lived 40 years; Abaye engaged in Torah and Chesed, and lived 60 years.

(c) (Beraisa): There was a family in Yerushalayim that the people were dying at the age of 18.

1. R. Yochanan Ben Zakai: Perhaps you are from the house of Eli - "All increase of your house will die as men". Go engage in Torah, and live!
2. They engaged in Torah and lived - they called the family Yochanan.

(d) (Rav Shmuel Bar Unya): The decree of a congregation is not sealed.
(e) Objection: This cannot be! "... Your sin is sealed in front of me"!
(f) Correction: Rather, even if the decree is sealed, it can be torn up - "Who is as Hash-m our L-rd, whenever we call to Him".
(g) Contradiction: "Seek Hash-m when He is to be found"!
(h) Resolution: He is always available to a congregation, but not always to an individual.
(i) Question: When is He available to an individual?
(j) Answer (Rabah Bar Avuha): The 10 days between Rosh Hashanah and Yom Kipur.

(a) (Rabanan): A Yevamah that spit blood must do Chalitzah (and not Yibum) - certainly, there were drops of saliva with the blood.
(b) Question (Beraisa): One might think, blood which comes from the mouth or the Ever of a Zav is Tamei - "His seminal emission is Tamei", not blood which comes from his mouth or Ever. (If the blood contains saliva, it is Tamei!)
(c) Answer: If she draws the spit from her throat, there will be saliva in the blood; if it flows from her mouth, there need not be.
(d) (Mishnah): A deaf Yavam that did Chalitzah ...(or a minor, the Chalitzah is invalid, and disqualifies her from doing Yibum).

(e) (Rav Yehudah): The Mishnah is as R. Meir - but Chachamim say, the Chalitzah of a minor has no effect.
(f) (Mishnah): A Yevamah that is a minor that did Chalitzah ...
(g) (Rav Yehudah): This is as R. Meir, who says that the Torah says a man (adult), and we equate the law of the Yavam to the Yevamah - but Chachamim say, the Torah said that the Yavam must be an adult, but she may be an adult or minor.
(h) Question: Who are the Chachamim?
(i) Answer: R. Yosi.

1. R. Chiya and R. Shimon Bar Rebbi were sitting. One said, "One who Davens must look down - "My eyes and heart will always be there (Eretz Yisrael)".
2. The other said, his eyes should face up - "We will lift our hearts to our hands".
3. R. Yishmael Bar R. Yosi: My father said, his eyes should be down, and his heart up, to fulfill both verses.

(j) R. Yishmael Bar R. Yosi was walking to his place.

1. Avdan: Who (appears to) step on the heads of the Holy nation?
2. R. Yishmael Bar R. Yosi: I am R. Yishmael Bar R. Yosi, I came to learn Torah from Rebbi.
3. Avdan: Are you fitting to learn Torah from Rebbi?
4. R. Yishmael Bar R. Yosi: Was Moshe fitting to learn from Hash-m?
5. Avdan: Are you Moshe?
6. R. Yishmael Bar R. Yosi: Is your Rebbi Hash-m?

i. (Rav Yosef): Rebbi contemplated punishing Avdan for not objecting that R. Yishmael called him your Rebbi.

7. A Yevamah came before Rebbi; he told Avdan to check if she is an adult; he left.
8. R. Yishmael Bar R. Yosi: Father said, the Torah said that he must be an adult, but she may be an adult or minor.
9. Rebbi: There is no need to check her - the elder has already ruled.
10. Avdan was returning to his place.
11. R. Yishmael Bar R. Yosi: One who is needed by the Holy nation, may step on the heads of the Holy nation; one who is not needed by the Holy nation, how can he step on the heads of the Holy nation?!
12. Rebbi (to Avdan): Stay in your place.

i. (Beraisa): Just then, Avdan became leprous, his 2 sons drowned, and his 2 daughters-in-law did Mi'un.

(k) (Rav Nachman Bar Yitzchak): Blessed is Hash-m, who embarrassed Avdan in this world,
(l) (R. Ami): From R. Yosi, we learn that a Yevamah that is at the age of Pa'utos (6-10, depending on how sharp she is) may do Chalitzah.
(m) (Rava): She must reach the age of vows (1 year before adulthood).
(n) The law is, she must bring 2 hairs (i.e. adulthood).

(a) (Mishnah): If she did Chalitzah in front of 2 ...
(b) (Rav Nachman): The law is not as R. Shimon and R. Yochanan ha'Sandlar.
(c) Question: Rav Nachman already taught this!

1. (Rav Nachman): Chalitzah requires 3 judges.

(d) Answer: Had Rav Nachman only said that 3 are required, we might have thought, this is only Lechatchilah, but b'Di'eved, 2 suffice - therefore, he had to rule against R. Shimon and R. Yochanan ha'Sandlar.

1. Had Rav Nachman only said that the law is as the 1st Tana of the Mishnah (that 3 are enough), we might think, this is only b'Di'eved; but Lechatchilah, 5 are needed - therefore, he had to say that 3 are required.

(e) (Mishnah): A case occurred ...
(f) Question: If they did Chalitzah by themselves - how do we know they really did?
(g) (Rav Yehudah): Witnesses saw them from the outside.
(h) Question: Did they do Chalitzah outside the jail, and ask R. Akiva in jail - or, was the Chalitzah in jail?
(i) Answer (Rav Yehudah): The Chalitzah was in jail, and they asked R. Akiva in jail.