Halizah
Encyclopedia
Under the Biblical
system of levirate marriage
known as Yibbum
, Halizah (or Chalitzah ; ) is the ceremony by which a widow and her husband's brother could avoid the duty to marry after the husband's death.
The ceremony involves the taking off of a brother-in-law's shoe by the widow of a brother who has died childless, through which ceremony he is released from the obligation of marrying her, and she becomes free to marry whomever she desires .
Only one brother-in-law need perform the ceremony. The old custom of the levirate marriage is thus modified in the Deuteronomic code, by permitting the surviving brother to refuse to marry his brother's widow, provided he submits to the ceremony of Halizah (see Levirate; Yebamah). In the Talmudic period the tendency against the original custom was intensified by apprehension that the brother-in-law might desire to marry his brother's widow for motives other than that of "establishing a name unto his brother." Therefore, many Talmudic and later rabbis preferred halizah to actual marriage (Yevamot 39b). Thus the ancient institution of the levirate marriage fell into disuse, so that at present Halizah is the general rule and marriage the rare exception (Shulkhan Arukh, Eben ha-'Ezer, 165, and commentaries).
In theory, however, the Biblical law of levirate marriage is still presumed in force, and in the ceremonies of halizah, the presumption is that the brother-in-law brings disgrace upon himself and upon his family by refusing to marry his brother's widow.
, 169, 1). All those who are disqualified from testifying in legal matters are disqualified also from acting on this board of judges (Yevamot 101a). These three appoint two others to assist them, and at the service on the evening preceding the day of the ceremony they appoint a place for its performance, to give the matter more publicity. The place chosen is usually the synagogue court or the house of the rabbi, although the ceremony may take place in the house of the widow. All investigations into the concerned parties are conducted the previous day, on which both are instructed in ceremony details, and on which the "yebamah" (widowed sister-in-law) is not allowed to eat. The halizah should not be performed in the evening (Yevamot 104a), nor on a Sabbath or a holiday (Beitzah 36b), nor on the eve of a Sabbath or a holiday ("Terumat ha-Deshen
", § 227).
On the day set for the halizah, immediately after the morning service, when all the people are still in the synagogue, the three judges and their two assistants, who also act as witnesses, meet at the appointed place. The three judges sit on one bench, the two assistants on a bench placed beside it; the "yabam" (brother-in-law) and the yebamah stand between them. Before the ceremony, a public examination establishes the relationship of the parties and their maturity. If one is a minor, a deaf-mute, a mute, or mentally handicapped, or has a crooked or turned foot, the halizah cannot be performed. The court must also know whether she is left-handed or whether he is left-footed, and must be convinced that more than ninety-one days have passed since the death of her husband (see Jewish views of marriage: Divorce; Levirate marriage
).
To establish these matters it is not necessary to have legally eligible witnesses. Even those who are otherwise disqualified from testifying may become witnesses. Both the yabam and the yebamah must be made aware of the fact that by this ceremony the widow becomes free to marry whomever she may desire.
animal.
It is made of two pieces, the upper part and the sole, sewn together with leather threads. Three small straps are attached to the front of the shoe, each of which has a knot ("humrata") at the top to fit a hole made on the other side of the shoe. Two white leather straps attach to either side of the shoe, which fasten it to the leg.
The yabam must have his right foot, on which the shoe is placed, washed very scrupulously, and after he has strapped it on he must walk four cubit
s in the presence of the judges. Then the chief judge reads the following passage, which the yebamah repeats word for word:
Then the yabam repeats the sentence:
He then presses his right foot against the floor while she loosens the straps with her right hand and, holding his leg in her left hand, takes off the shoe and throws it some distance away. Then she places herself in front of the yabam, spits on the floor in front of him, and repeats these words after the presiding judge:
She repeats the last phrase three times and the assembly recites it three times after her. Then the yabam returns the shoe to the court, and the judges say:
As they rise, the chief of the judges says:
All the passages recited by the yabam and by the yebamah must be read in Hebrew as they are found in the original in Deuteronomy. If the parties do not understand Hebrew the passages must be translated for them (Even ha-`Ezer
, 169; "Seder Halizah" and commentaries ad loc.).
The ceremony of loosening the shoe has been explained in various ways. From the incident in the Book of Ruth
, which certainly refers to this ancient custom, it seems the loosening of the shoe symbolized a transfer of rights, and had no stigma attached to it. Some later rabbis—Yechiel of Paris
, for instance—say the removal of the shoe symbolized the entrance into a state of mourning. From the time the yabam refused to marry his brother's widow and thus perpetuate his name in Israel, the brother was considered dead, and the yebamah, by drawing off his shoe, thus declared to him that from that time on he was a mourner ("Perush Seder Halizah," 82; comp. Weill, "La Femme Juive," part iv., ch. v., Paris, 1874).
Another possibility comes from Wesley's Notes
Deut 25:9 Loose his shoe - As a sign of his resignation of all his right to the woman, and to her husband's inheritance: for as the shoe was a sign of one's power and right, Psa 60:8 108:9, so the parting with the shoe was a token of the alienation of such right; and as a note of infamy, to signify that by this disingenuous action he was unworthy to be amongst free - men, and fit to be reduced to the condition of the meanest servants, who used to go barefoot, Isa 20:2,4. source
Deut 25:10 His name - That is, his person, and his posterity also. So it was a lasting blot.
Also see the book of Ruth for an instance of renouncing rights to redeem the brother's land by removing one's shoe.
See also the book of Ruth (Found in the Ketubim) for a similar example of property rights being abjucated by shoe removal.
.
Hebrew Bible
The Hebrew Bible is a term used by biblical scholars outside of Judaism to refer to the Tanakh , a canonical collection of Jewish texts, and the common textual antecedent of the several canonical editions of the Christian Old Testament...
system of levirate marriage
Levirate marriage
Levirate marriage is a type of marriage in which the brother of a deceased man is obligated to marry his brother's widow, and the widow is obligated to marry her deceased husband's brother....
known as Yibbum
Yibbum
Yibbum , or levirate marriage, in Judaism, is one of the most complex types of marriages mandated by Torah law by which, according to the law, the brother of a man who died without children has an obligation to marry the widow...
, Halizah (or Chalitzah ; ) is the ceremony by which a widow and her husband's brother could avoid the duty to marry after the husband's death.
The ceremony involves the taking off of a brother-in-law's shoe by the widow of a brother who has died childless, through which ceremony he is released from the obligation of marrying her, and she becomes free to marry whomever she desires .
Only one brother-in-law need perform the ceremony. The old custom of the levirate marriage is thus modified in the Deuteronomic code, by permitting the surviving brother to refuse to marry his brother's widow, provided he submits to the ceremony of Halizah (see Levirate; Yebamah). In the Talmudic period the tendency against the original custom was intensified by apprehension that the brother-in-law might desire to marry his brother's widow for motives other than that of "establishing a name unto his brother." Therefore, many Talmudic and later rabbis preferred halizah to actual marriage (Yevamot 39b). Thus the ancient institution of the levirate marriage fell into disuse, so that at present Halizah is the general rule and marriage the rare exception (Shulkhan Arukh, Eben ha-'Ezer, 165, and commentaries).
In theory, however, the Biblical law of levirate marriage is still presumed in force, and in the ceremonies of halizah, the presumption is that the brother-in-law brings disgrace upon himself and upon his family by refusing to marry his brother's widow.
The ceremony
Deuteronomy describes the ceremony simply. In the presence of town elders, the widow loosens the shoe of the brother-in-law, spits upon the ground before him, and recites a prescribed formula. The rabbis explained the ceremony, however, as a more solemn and public act. The ceremony must take place before a court of three, who need not be very learned, but must at least understand Hebrew (Yevamot 101a; Shulkhan Arukh, Even ha-`EzerEven Ha'ezer
Even Ha'ezer is a section of Rabbi Jacob ben Asher's compilation of halakha , Arba'ah Turim. This section treats aspects of Jewish law related to marriage, divorce, and sexual conduct. Later, Rabbi Yosef Karo modeled the framework of his own compilation of practical Jewish law, the Shulchan Aruch,...
, 169, 1). All those who are disqualified from testifying in legal matters are disqualified also from acting on this board of judges (Yevamot 101a). These three appoint two others to assist them, and at the service on the evening preceding the day of the ceremony they appoint a place for its performance, to give the matter more publicity. The place chosen is usually the synagogue court or the house of the rabbi, although the ceremony may take place in the house of the widow. All investigations into the concerned parties are conducted the previous day, on which both are instructed in ceremony details, and on which the "yebamah" (widowed sister-in-law) is not allowed to eat. The halizah should not be performed in the evening (Yevamot 104a), nor on a Sabbath or a holiday (Beitzah 36b), nor on the eve of a Sabbath or a holiday ("Terumat ha-Deshen
Israel Isserlein
Rabbi Israel Isserlein ben Petachia, also Israel Isserlin, Israel of Neustadt, Israel of Marpurk was a Talmudist, and Halakhist, best known for his Terumat HaDeshen, which served as one source for HaMapah, the component of the Shulkhan Arukh by Moses Isserles.- Biography :Even though...
", § 227).
On the day set for the halizah, immediately after the morning service, when all the people are still in the synagogue, the three judges and their two assistants, who also act as witnesses, meet at the appointed place. The three judges sit on one bench, the two assistants on a bench placed beside it; the "yabam" (brother-in-law) and the yebamah stand between them. Before the ceremony, a public examination establishes the relationship of the parties and their maturity. If one is a minor, a deaf-mute, a mute, or mentally handicapped, or has a crooked or turned foot, the halizah cannot be performed. The court must also know whether she is left-handed or whether he is left-footed, and must be convinced that more than ninety-one days have passed since the death of her husband (see Jewish views of marriage: Divorce; Levirate marriage
Levirate marriage
Levirate marriage is a type of marriage in which the brother of a deceased man is obligated to marry his brother's widow, and the widow is obligated to marry her deceased husband's brother....
).
To establish these matters it is not necessary to have legally eligible witnesses. Even those who are otherwise disqualified from testifying may become witnesses. Both the yabam and the yebamah must be made aware of the fact that by this ceremony the widow becomes free to marry whomever she may desire.
The halizah shoe
After these preliminary details, and after the yabam makes a public declaration that he has not been forced by outside influence to submit to the halizah, but acts of his own free will, the ceremony commences. The shoe, which is usually the property of the community, is brought forth and examined as to cleanliness and construction, in accordance with the precepts of the law. The halizah shoe is made entirely of leather, usually from the hide of a kosherKashrut
Kashrut is the set of Jewish dietary laws. Food in accord with halakha is termed kosher in English, from the Ashkenazi pronunciation of the Hebrew term kashér , meaning "fit" Kashrut (also kashruth or kashrus) is the set of Jewish dietary laws. Food in accord with halakha (Jewish law) is termed...
animal.
It is made of two pieces, the upper part and the sole, sewn together with leather threads. Three small straps are attached to the front of the shoe, each of which has a knot ("humrata") at the top to fit a hole made on the other side of the shoe. Two white leather straps attach to either side of the shoe, which fasten it to the leg.
The yabam must have his right foot, on which the shoe is placed, washed very scrupulously, and after he has strapped it on he must walk four cubit
Cubit
The cubit is a traditional unit of length, based on the length of the forearm. Cubits of various lengths were employed in many parts of the world in Antiquity, in the Middle Ages and into Early Modern Times....
s in the presence of the judges. Then the chief judge reads the following passage, which the yebamah repeats word for word:
- My brother-in-law refuses to raise unto his brother a name in Israel; he will not marry me
Then the yabam repeats the sentence:
- I do not wish to take her.
He then presses his right foot against the floor while she loosens the straps with her right hand and, holding his leg in her left hand, takes off the shoe and throws it some distance away. Then she places herself in front of the yabam, spits on the floor in front of him, and repeats these words after the presiding judge:
- So shall it be done unto that man who will not build up his brother's house, and his name shall be called in Israel, 'the house of him that hath his shoe loosed.
She repeats the last phrase three times and the assembly recites it three times after her. Then the yabam returns the shoe to the court, and the judges say:
- May it be the will [of God] that Jewish women be no more subjected to halizah or to yibbum.
As they rise, the chief of the judges says:
- Blessed be He who sanctified us with the commandments and statutes of Abraham our father.
All the passages recited by the yabam and by the yebamah must be read in Hebrew as they are found in the original in Deuteronomy. If the parties do not understand Hebrew the passages must be translated for them (Even ha-`Ezer
Even Ha'ezer
Even Ha'ezer is a section of Rabbi Jacob ben Asher's compilation of halakha , Arba'ah Turim. This section treats aspects of Jewish law related to marriage, divorce, and sexual conduct. Later, Rabbi Yosef Karo modeled the framework of his own compilation of practical Jewish law, the Shulchan Aruch,...
, 169; "Seder Halizah" and commentaries ad loc.).
The ceremony of loosening the shoe has been explained in various ways. From the incident in the Book of Ruth
Book of Ruth
The Book of Ruth is one of the books of the Hebrew Bible, Tanakh, or Old Testament. In the Jewish canon the Book of Ruth is included in the third division, or the Writings . In the Christian canon the Book of Ruth is placed between Judges and 1 Samuel...
, which certainly refers to this ancient custom, it seems the loosening of the shoe symbolized a transfer of rights, and had no stigma attached to it. Some later rabbis—Yechiel of Paris
Yechiel of Paris
Yechiel ben Joseph of Paris was a major Talmudic scholar and Tosafist from northern France, father-in-law of Isaac ben Joseph of Corbeil. He was a disciple of Rabbi Judah Messer Leon, and succeeded him in 1225 as head of the Yeshiva of Paris, which then boasted some 300 students; his best known...
, for instance—say the removal of the shoe symbolized the entrance into a state of mourning. From the time the yabam refused to marry his brother's widow and thus perpetuate his name in Israel, the brother was considered dead, and the yebamah, by drawing off his shoe, thus declared to him that from that time on he was a mourner ("Perush Seder Halizah," 82; comp. Weill, "La Femme Juive," part iv., ch. v., Paris, 1874).
Another possibility comes from Wesley's Notes
Deut 25:9 Loose his shoe - As a sign of his resignation of all his right to the woman, and to her husband's inheritance: for as the shoe was a sign of one's power and right, Psa 60:8 108:9, so the parting with the shoe was a token of the alienation of such right; and as a note of infamy, to signify that by this disingenuous action he was unworthy to be amongst free - men, and fit to be reduced to the condition of the meanest servants, who used to go barefoot, Isa 20:2,4. source
Source
Source may refer to:-Research:* Source text, in research , a source of information referred to by citation** Primary source, firsthand written evidence of history made at the time of the event by someone who was present...
Deut 25:10 His name - That is, his person, and his posterity also. So it was a lasting blot.
Also see the book of Ruth for an instance of renouncing rights to redeem the brother's land by removing one's shoe.
See also the book of Ruth (Found in the Ketubim) for a similar example of property rights being abjucated by shoe removal.
Halizah document
To prevent the yabam from extorting money from the widow who wishes release from the shackles of perpetual widowhood, the Rabbis established the institution of the "shetar halizah" ("halizah document"). This institution provides that at a young couple's marriage, all brothers must sign a document pledging to submit to halizah without remuneration, in case their brother dies childless ("Nahalat Shib'ah," p. 22, Warsaw, 1884). In the case of a minor brother, who could not legally sign the document, the institution of the "shetar bit'hon halizah," established by the Rabbis for such cases, had the father of the bridegroom promise to pay money to the bride if the minor son should later refuse the halizah ceremony (ib. 23; comp. "Pithe Teshubah"; Eben ha-'Ezer, 165, note 10; See Inheritance). The practice of signing these halizah documents has fallen out of currency in North AmericaNorth America
North America is a continent wholly within the Northern Hemisphere and almost wholly within the Western Hemisphere. It is also considered a northern subcontinent of the Americas...
.