יבמות 106:2 — Soncino English Talmud

MISHNAH. [THIS IS THE PROCEDURE IN THE PERFORMANCE OF] THE COMMANDMENT OF HALIZAH: HE AND HIS DECEASED BROTHER'S WIFE COME UNTO THE BETH DIN, AND [THE LATTER] OFFER HIM SUCH ADVICE AS IS SUITABLE TO HIS CONDITION, FOR IT IS SAID IN THE SCRIPTURES, THEN THE ELDERS OF HIS CITY SHALL CALL HIM AND SPEAK UNTO HIM. SHE THEN ANNOUNCES: MY HUSBAND'S BROTHER REFUSETH TO RAISE UP UNTO HIS BROTHER A NAME IN ISRAEL; HE WILL NOT PERFORM THE DUTY OF A HUSBAND'S BROTHER UNTO ME. THEN HE MAKES THE DECLARATION: I LIKE NOT TO TAKE HER. [THESE FORMULAE] WERE ALWAYS SPOKEN IN THE HOLY TONGUE. THEN SHALL HIS BROTHER'S WIFE DRAW NIGH UNTO HIM IN THE PRESENCE OF THE THE ELDERS AND DRAW HIS SHOE FROM OFF HIS FOOT, AND SPIT BEFORE HIS FACE, SUCH SPITTLE AS THE JUDGES CAN SEE, AND SHE RAISES HER VOICE AND SAYS: SO SHALL IT BE DONE UNTO THE MAN THAT DOTH NOT BUILD UP HIS BROTHER'S HOUSE, THUS FAR USED THEY TO RECITE. WHEN, HOWEVER, R. HYRKANUS, UNDER THE TEREBINTH AT KEFAR ETAM, ONCE DICTATED THE READING AND COMPLETED THE ENTIRE SECTION, THE PRACTICE WAS ESTABLISHED TO COMPLETE THE ENTIRE SECTION. [THAT] HIS NAME SHALL BE CALLED IN ISRAEL, 'THE HOUSE OF HIM THAT HAD HIS SHOE DRAWN OFF', IS A COMMANDMENT [TO BE PERFORMED] BY THE JUDGES AND NOT BY THE DISCIPLES. R. JUDAH, HOWEVER, RULED: IT IS A DUTY INCUMBENT UPON ALL PRESENT TO CRY '[THE MAN] THAT HAD HIS SHOE DRAWN OFF'. GEMARA. Rab Judah stated: [This is the procedure in the performance of] the commandment of halizah: She recites; he recites; she draws off his shoe, spits and recites. What does he teach us [by this statement]? This is our very Mishnah! — It is this that he teaches us: The prescribed procedure is such, but if the order was reversed, it does not matter. So it was also taught: Whether the drawing off of the shoe preceded the spitting or whether the spitting preceded the drawing off, the act is valid. Abaye ruled: The man who dictates the halizah formulae shall not read for the woman [the word] not separately and [the clause] he will perform the duty of a husband's brother unto me separately, since this would convey the meaning, 'He desires to perform the duty of a husband's brother to me'; but [should read without a pause]. He will not perform the duty of a husband's brother unto me. Nor shall he read for the levir [the word] not separately and [the clause] I like separately; for this would convey the meaning. 'I like to take her'; but [he should read without a pause], I like not to take her. Raba, however, stated: This is only the conclusion of a sentence, and in a concluding clause [a pause] is of no consequence. R. Ashi found R. Kahana making a painful effort to read out for a woman, He will not perform the duty of a husband's brother unto me, [without a pause]. 'Does not the Master,' he asked him, 'accept the ruling of Raba?' — 'Raba', the other replied, 'admits in [the case of the formula] He will not perform the duty of a husband's brother unto me [that no pause is permitted]. Abaye stated: The person who writes a certificate of halizah shall word it as follows: 'We read out for her from My husband's brother refuseth to will perform the duty of a husband's brother unto me; and we read out for him from not to to take her; and we read out for her from So to him that had his shoe drawn off. Mar Zutra ruled [the paper] and copied the full text. Mar b. Idi demurred: But, surely, [a section only of the Pentateuch] is not permitted to be written! The law, however, is in agreement with the ruling of Mar Zutra. Abaye stated: If, when she spat. the wind carried the spittle away, her act is invalid. What is the reason? — It is necessary that she shall spit before his face. If, therefore, he was tall and she was short, and the wind carried the spittle away, her act is deemed to have been before his face. If, however, she was tall and he was short, it is necessary that [the spittle] shall drop to the level of his face before it disappears. Raba stated: If she ate garlic and then spat or if she ate a clod of earth and then spat, her act is invalid. What is the reason? — Because it is necessary that she shall spit of her own free will, which is not the case here. Raba further stated: The judges must see the spittle issuing from the mouth of the sister-in-law, because it is written in Scripture Before the eyes of the elders … and spit. [THAT] HIS NAME SHALL BE CALLED IN ISRAEL, 'THE HOUSE OF HIM THAT HAD HIS SHOE DRAWN OFF' IS A COMMANDMENT [TO BE PERFORMED] BY THE JUDGES AND NOT BY THE DISCIPLES. It was taught: R. Judah stated: We were once sitting before R. Tarfon when a sister-in-law came to perform halizah, and he said to us, 'Exclaim all of you: Haluz ha-na'al, haluz ha-na'al, haluz ha-na'al!' ^ᵃ^ᵇ^ᶜ^ᵈ^ᵉ^ᶠ^ᵍ^ʰ^ⁱ^ʲ^ᵏ^ˡ^ᵐ^ⁿ^ᵒ^ᵖ^ᵠ^ʳ^ˢ^ᵗ^ᵘ^ᵛ^ʷ^ˣ^ʸ^ᶻ^ᵃᵃ^ᵃᵇ^ᵃᶜ^ᵃᵈ^ᵃᵉ^ᵃᶠ^ᵃᵍ^ᵃʰ^ᵃⁱ^ᵃʲ^ᵃᵏ^ᵃˡ^ᵃᵐ^ᵃⁿ^ᵃᵒ^ᵃᵖ^ᵃᵠ^ᵃʳ^ᵃˢ^ᵃᵗ^ᵃᵘ^ᵃᵛ^ᵃʷ^ᵃˣ^ᵃʸ^ᵃᶻ^ᵇᵃ^ᵇᵇ^ᵇᶜ^ᵇᵈ^ᵇᵉ^ᵇᶠ^ᵇᵍ^ᵇʰ^ᵇⁱ^ᵇʲ

^ᵃnote:The levir.
^ᵇnote:As, for instance, whether the respective ages or characters of the parties are likely to be conducive to a happy union. Cf. supra 44a, 101b.
^ᶜnote:Deut. XXV, 8.
^ᵈnote:Deut. XXV, 7.
^ᵉnote:Ibid. 8.
^ᶠnote:The classical Hebrew in which the formulae appear in the Scripture. Cf. Sot. 32a.
^ᵍnote:E.V., loose.
^ʰnote:E.V., in.
^ⁱnote:Deut. XXV, 9.
^ʲnote:E.V. 'And she shall answer and say'.
^ᵏnote:Ibid.
^ˡnote:I.e., to the end of v. 9.
^ᵐnote:Or 'dictate'. The judges dictated and the parties recited.
^ⁿnote:[Var. lec.. [H], Cambridge Mishnah M.S. [H]. Krauss MGWF 1907, p. 332 reads [H], Capphare Accho in lower Galilee. Etam is mentioned in Judges XV, 8 and 11, I Chron. IV, 32 and II Chron. XI, 6].
^ᵒnote:To the end of v. 10.
^ᵖnote:E.V., loosed.
^ᵠnote:Deut. XXV, 10.
^ʳnote:Who happen to be present when the halizah ceremony is being performed.
^ˢnote:E.V., him.
^ᵗnote:The formula prescribed in Deut. XXV, 7.
^ᵘnote:The formula, ibid. 8.
^ᵛnote:Ibid. 9. Cf. Sanh. 49b.
^ʷnote:Lit., 'what he did is done'. Sanh. 49b, supra 105a.
^ˣnote:Lit., 'document', 'deed'.
^ʸnote:[H]. (Deut. XXV, 7) which is the first word of the formula.
^ᶻnote:[H] ibid.
^ᵃᵃnote:The severance of the latter clause from the negative particle.
^ᵃᵇnote:Deut. XXV, 8, cf. supra n. 3.
^ᵃᶜnote:Ibid.
^ᵃᵈnote:Each of the clauses mentioned by Abaye.
^ᵃᵉnote:[H]. This is the reading of Alfasi, Asheri and BaH. Cur. edd., [H] 'breaking', 'pausing'.
^ᵃᶠnote:Hence it is permitted to make a break between 'not' and the rest of the formula.
^ᵃᵍnote:A sister-in-law for whom he was arranging a halizah.
^ᵃʰnote:The prescribed formula in Deut. XXV, 7.
^ᵃⁱnote:Supra, that a pause after 'not' is immaterial.
^ᵃʲnote:It is only in the formula of the levir, in which the negative particle, 'not', forms the first word and cannot consequently be misunderstood as being connected with any previous word, that a pause does not matter. In the woman's formula, however, where the negative particle occurs in the middle of a clause, a pause after it might imply the connection of the negative with the preceding words, so that the clause following it would assume the meaning of an affirmative statement.
^ᵃᵏnote:The sister-in-law.
^ᵃˡnote:The prescribed formula in Deut. XXV, 7.
^ᵃᵐnote:The middle portion of the formula is omitted, since it is forbidden to write down more than three consecutive words of the Pentateuch on unruled paper (cf. Git. 6b). The words permitted to be written according to Abaye represent in the Hebrew no more than two consecutive words.
^ᵃⁿnote:V. supra p. 735, n. 4.
^ᵃᵒnote:The levir.
^ᵃᵖnote:[H], the beginning of the levir's first formula.
^ᵃᵠnote:Ibid.
^ᵃʳnote:Deut. XXV, 9.
^ᵃˢnote:V. supra note 3.
^ᵃᵗnote:Ibid. 10, E.V., loosed.
^ᵃᵘnote:For the halizah certificate, cf. Git. 6b.
^ᵃᵛnote:Of each formula, not merely, as Abaye taught, its first and last words.
^ᵃʷnote:Others, 'Mar b. R. Ashi'. V. Alfasi and Asheri.
^ᵃˣnote:The Pentateuch in its entirety only may be copied. Cf. Git. 60a.
^ᵃʸnote:The prohibition against copying a section of the Pentateuch being limited to one that is to be used for teaching purposes. One, however, that is to be used as a mere record, as in the case of the Halizah certificate, does not come under the prohibition.
^ᵃᶻnote:Lit., 'received', 'clutched', 'absorbed'.
^ᵇᵃnote:Lit., 'she did not do anything'.
^ᵇᵇnote:E.V., in.
^ᵇᶜnote:V. supra note 16.
^ᵇᵈnote:Lit., 'there is'.
^ᵇᵉnote:lbid., since at the moment the spittle left her mouth it was before the levir's face.
^ᵇᶠnote:Lit., 'and then'.
^ᵇᵍnote:Impulsively owing to the unpleasant taste in her mouth.
^ᵇʰnote:The garlic or the clod of earth having been the cause of her involuntary or instinctive action.
^ᵇⁱnote:Deut. XXV, 9.
^ᵇʲnote:'(The man) that had his shoe drawn off'. V. Deut. XXV, 10.