Ask A Question on the daf

Previous daf

1) A MISTAKEN CHALITZAH

(a) (Beraisa): One who does Chalitzah by mistake, it is valid.
(b) Question: What is Chalitzah by mistake?
(c) Answer #1 (Reish Lakish): They tell him, by doing Chalitzah, you will be allowed to do Yibum.

1. Objection (R. Yochanan): We learned in a Mishnah, whether he intended but not her, or she intended but not him, the Chalitzah is invalid unless both have intention!

(d) Answer #2 (R. Yochanan): Rather, they tell him, if you do Chalitzah, you will receive 200 Zuz.
(e) Support (Beraisa): Chalitzah by mistake is valid.

1. Question: What is Chalitzah by mistake?
2. Answer: They tell him, do Chalitzah, and she will give you 200 Zuz.

(f) A case occurred of a woman that fell to an unworthy Yavam. They told him, do Chalitzah and you will receive 200 Zuz. R. Chiya ruled, the Chalitzah is valid.
(g) A Yavam and Yevamah came in front of R. Chiya Bar Aba. He told her to do Yibum.

1. Her mother: It is better that she not do Yibum.
2. R. Chiya Bar Aba: Do you know the nature of the Yavam?
3. Her mother: Yes - he saw that she has money, and he wants to consume it.
4. R. Chiya Bar Aba (to the Yevamah): Do you want him?
5. The Yevamah: No.
6. R. Chiya Bar Aba (to the Yavam): Do Chalitzah, and then you may do Yibum.
7. After he did Chalitzah, R. Chiya Bar Aba told him that she cannot do Yibum, and he should now do a proper Chalitzah which will permit her to marry a stranger.

(h) The daughter of Rav Papa's mother-in-law fell to an unworthy Yavam.

1. Abaye: Do Chalitzah, and this will allow you to do Yibum.
2. Rav Papa: Don't you hold as R. Yochanan, who says that this is invalid?
3. Abaye: What should I tell him?
4. Rav Papa: Say that he will receive 200 Zuz for doing Chalitzah.
5. After he did Chalitzah, Abaye told her to pay the money.
6. Rav Papa: She was just fooling him.

i. (Beraisa): A man was fleeing jail, and the ferry was in front of him. He offered the ferryman a Dinar to take him across - he only owes the usual fare.
ii. This is because, he can say, I was just joking (when I offered a Dinar).
iii. Also by Chalitzah, she can say, she was just joking!

7. Abaye: Where are your parents (that they support you, enabling you to become so sharp)?
8. Rav Papa: In the city.

i. Because of Abaye's envy (he was an orphan), Rav Papa's parents died.

(a) (Beraisa): One who is tricked into doing Chalitzah, the Chalitzah is valid; one who is tricked into giving a Get, the Get is invalid;
(b) One who is forced to do Chalitzah, the Chalitzah is invalid; one who is forced to give a Get, the Get is valid.
(c) Question: What is the case (of being forced)?

1. Suggestion: If he said, I consent - a forced Chalitzah should also be valid!
2. Suggestion: If he did not say, I consent - a forced Get should also be invalid!

(d) Answer: The Beraisa says thusly: One who is tricked into doing Chalitzah, the Chalitzah is always valid; one who is tricked into giving a Get, the Get is always invalid;
(e) One who is forced to do Chalitzah, or give a Get - sometimes they are valid, sometimes not.

1. If he said, I consent - it is valid; if not, not.
2. (Beraisa): "He will bring (the sacrifice)" - this teaches, we force him.
3. One might think, against his will - the Torah says, "According to his will".

i. We force him until he says that he consents.

(f) The same applies to Gitin - we force him until he says that he consents.
(g) (Rava citing Rav Safra): We oversee Chalitzah, even if we do not know that they are the Yavam and Yevamah; we oversee Mi'un, even if we do not recognize her.

1. Therefore, we do not write a document of Chalitzah or Mi'un unless we recognize them - we are concerned for a Beis Din that will err.

(h) (Rava himself): We only oversee Chalitzah if we recognize the Yavam and Yevamah; we only oversee Mi'un if we recognize her.

1. Therefore, we do may write a document of Chalitzah or Mi'un even if we do not recognize them; we are not concerned for a Beis Din that will err.

3) THE CHALITZAH CEREMONY

(a) (Mishnah): The Mitzvah of Chalitzah: The Yavam and Yevamah come to Beis Din. They give him a proper counsel - "The elders will speak to him".
(b) She says, "My Yevamah refuses to stand up seed for his brother in Yisrael; he does not want to do Yibum with me"; he says, "I do not want to take her" - these are said in Hebrew.
(c) The Yevamah draws close to the Yavam, in view of the judges, and removes his shoe. She spits in front of him, and the judges must see the spit. She says, "So will be done to the man that will not build his brother's house."
(d) They used to read this much; R. Hurkinus would complete the passage, and this became the custom.
(e) "He will be called in Yisrael, the house of the removed shoe" - the Mitzvah is for the judges to say this, not the Talmidim; R. Yehudah says, it is a Mitzvah on all present to say "The one whose shoe was removed".
(f) (Gemara - Rav Yehudah): The Mitzvah of Chalitzah - she reads; he reads; she removes his shoe; she spits; she reads.
(g) Question: What does he teach - the Mishnah says this!
(h) Answer: He teaches, this is only a Mitzvah Lechatchilah - if the order was reversed, it is not a problem.

1. Support (Beraisa): Whether she removed the shoe before spitting, or spat before removing, what she did, she did.

(i) (Abaye): One who recites for the Yevamah and Yavam the passages they should say (if they do not know them) - he should not have her say "no" by itself, and "He wants to do Yibum with me" by itself - this would connote, (No,) he wants to do Yibum!

1. Rather, they should be said together - "He does not want to do Yibum with me".

(j) He should not have him say "no" by itself, and "I want" by itself - this would connote, (No,) I want to take her!

1. Rather, he should say - "I do not want to take her".

(k) (Rava): This is a mere pause, and pauses are no concern.
(l) Rav Kahana was struggling to get a Yevamah to say "He does not want to do Yibum with me" without pausing.

1. Rav Ashi: Don't you hold as Rava, that there is no problem if they pause in the middle?!
2. Rav Kahana: Rava admits, "He does not want to do Yibum with me" must be said without pause.

(m) (Abaye): One who writes a Chalitzah document must write: 'We had her read from "My Yavam refuses" until "He does not want to do Yibum with me"; we had him read from "I do not" until "To take her"; we had her read from "so" until "The one whose shoe was removed".'
(n) Mar Zutra scratched a line (to help write straightly) and wrote the entire passage.
(o) Question (Mar Bar Rav Ashi): But one may not write passages of the Torah!

1. The law is as Mar Zutra.

(a) (Abaye): If she spit and the wind carried the spit (away from the Yavam), it is as if she did not spit.

1. This is because we require "She will spit in front of him".
2. If he is tall and she is short, even if the wind carries the spit, it was in front of him; if she is tall and he is short, we require that the spit should pass in front of his face before the wind takes it.

(b) (Rava): If she ate garlic or earth and spit, it is as if she did not spit.

1. We require that she should spit by herself (not that a food caused the saliva).

(c) (Rava): The judges must see the spit when it leaves her mouth - "She will spit, in the view of the judges."
(d) (Mishnah): "His name will be called in Yisrael, the house whose shoe was removed" - the Mitzvah is for the judges to say this, not the Talmidim.
(e) (Beraisa - R. Yehudah): A Yevamah did Chalitzah before R. Tarfon - he told us all to say, "The one whose shoe was removed, the one whose shoe was removed, the one whose shoe was removed."