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Halitsah or chalitzah () in Rabbinical Judaism is the process by which a childless widow and a brother of her deceased husband may avoid the duty to marry under the Hebrew Bible system of yibbum (levirate marriage).
The process involves the widow making a declaration, taking off a shoe of the brother (i.e., her brother-in-law), and spitting on the floor. Through this ceremony, the brother and any other brothers are released from the obligation of marrying the woman to conceive a child that would be considered the progeny of the deceased man. The ceremony of halitsa makes the widow free to marry whomever she desires, except for a Kohen "priest". ().
It is sufficient for only one brother-in-law to perform the ceremony. Yibbum () is thus modified in the Deuteronomic code attributed to Moses by permitting the surviving brother to refuse to marry his brother's widow provided he submits to the ceremony of halitsa. In the Rabbinic period, this tendency was intensified by the 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 halitsa to marriage.Yevamot 39b As a result, yibbum fell into disuse; now halitsa is the general rule and marriage is the rare exception.Shulkhan Arukh, Even HaEzer 165, and commentaries However, the yibbum law is still presumed to be in force, thus making a childless widow who remarries someone other than her brother-in-law without performing the halitsa ceremony an adulterer.
On the day set for the halitzah, 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 halitzah 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.
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.
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 and 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 in the presence of the judges. Then the chief judge reads the following passage, which the yebamah repeats word for word:
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 halitzah," 82; compare Weill, "La Femme Juive," part iv., ch. v., Paris, 1874
Another possibility comes from Wesley's Notes:
A similar example of renouncing rights by removing one's shoe, in this case the renunciation of rights to redeem one's brother's land, appears in the Book of Ruth.
The halitzah 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 halitzah, 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 halitzah shoe is made entirely of leather, usually from the hide of a kashrut animal.
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 halitzah" and commentaries ad loc.
Deut 25:10 His name - That is, his person, and his posterity also. So it was a lasting blot.
Halitzah 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 halitzah (" halitzah document"). This institution provides that at a young couple's marriage, all brothers must sign a document pledging to submit to halitzah without remuneration, in case their brother dies childless."Nahalat Shivah," p. 22, Warsaw, 1884 In the case of a minor brother, who could not legally sign the document, the institution of the shetar bitchon halitzah, established by the Rabbis for such cases, had the father of the groom promise to pay money to the bride if the minor son should later refuse the halitzah ceremony.ib. 23; compare Pitchei Teshuvah, Even HaEzer, 165, note 10 The practice of signing these halitzah documents has fallen out of currency in North America.
Frequency
Today Halizhah is a requirement of law in Israel. No Orthodox rabbi will perform the Yibbum, most dismiss the idea of Levirate marriage as being an outdated idea. Reform Jews on the other hand dismiss both the idea of Yibbum and Halizhah all together. Therefore, although rare, only Orthodox Jews still observe halitzah in all its details when the occasion requires. There are generally only between 10 and 20 ceremonies per year in Israel.14 in 2014 "Each year halitza only affects about one or two Jewish women in the United States and between 15 and 20 in Israel, estimates the Rabbinate."
In Reform Judaism
The Reform Judaism view, as expressed in various treatises written by the leaders of the movement, and as adopted at the different rabbinical conferences held in Germany and in America, is that the ceremony of halitzah is not essential to the remarriage of the widow. The Philadelphia Conference (1869) resolved that "the precept of levirate marriage and of halizah has lost to us all meaning, import, and binding force." The Second Israelite Synod, held in Augsburg (1871), passed a resolution to the same effect, adding that "for the sake of liberty of conscience, however, no rabbi will refuse, on request of the parties, to conduct the ceremony of halizah in a proper form."
See also
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