IS SPITTING ESSENTIAL?
Retraction (from Rejection 4:b, and defense of Answer #1): R. Akiva holds that spitting forbids Yibum!
(Beraisa): If she removed the shoe but did not spit or recite the verses, the Chalitzah is valid. If she spit but did not remove the shoe or recite, the Chalitzah is Pasul. If she recited but did not spit or remove the shoe, there is nothing to be concerned for.
Question: Who taught this Beraisa?
Answer #1: It is R. Eliezer.
Rejection: It says that if she removed the shoe but did not spit or recite the verses, the Chalitzah is valid. R. Eliezer learns from "So will be done" that every action is Me'akev!
Answer #2: Rather, it is like R. Akiva.
Question: It says that if she spit but did not remove the shoe or recite the verses, the Chalitzah is Pasul. To whom is it Pasul?
It cannot mean that it is Pasul to permit her to strangers. Obviously, such a Chalitzah does not permit her!
Rather, it is Pasul and forbids her to the brothers.
Question: According to R. Akiva, why is she disqualified when she just spits, but not for just reciting the verses?
Answer: Verses are recited both before and after removing the shoe, so one who sees her reciting will not assume that she already removed the shoe;
Note: Seemingly, one who hears the latter Keri'ah "Kachah Ya'aseh la'Ish..." will assume that she already removed the shoe! Mahari Bruna (30) mentions this. He says (Teshuvah 33) "all Keri'ah is one." Perhaps this means that one who hears can attribute that she erred, and recited both verses together, i.e. before Chalitzah. If normally Beis Din is Makri (recites the verses, and the Yevamah and Yavam repeat them), it is reasonable to assume here that she erred, for Beis Din was not Makri.
Spitting is done only 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.
Version #2 - Rabanan (to Shmuel's father): If a Yevamah spat, she takes off the shoe, and she need not spit again.
A Yevamah came in front of R. Ami. She spit before taking off the shoe.
R. Ami: She should take off the shoe, and she will be finished.
R. Aba: She must spit!
R. Ami: She already spat!
R. Aba: Let her spit again. It can't hurt!
R. Ami: A calamity may result if she spits again. People will say that the first spitting has no effect, and they will permit a Chalutzah to do Yibum!
R. Aba: The events must be done in order!
R. Ami: The order is not essential.
R. Aba thought that R. Ami was pushing him off (with a false answer). He later found that the answer was correct.
(Beraisa): Whether the shoe was removed before she spit or afterwards, what was done, was done.
CAN A DECREE BE REPEALED?
Question #1 (to Levi): Can a woman without hands do Chalitzah?
Question #2: If a Yevamah spit blood, was she Yotzei?
Question #3: "... That is written in truth" - is there writing (in Shamayim) that is not truthful?!
Levi could not answer. He asked in the Beis Medrash.
Answer #1 (Beis Medrash): It doesn't say that she will take off his shoe with her hand (therefore, a woman without hands can do Chalitzah).
Answer #2: It doesn't say that she will spit [only] saliva (if she spat blood, surely saliva was mixed with it, so, she was Yotzei)?
Answer #3: "That is written in truth" refers to a decree about which Hash-m swore; it cannot be repealed. A decree that He did not swear about can be repealed.
(Rav Shmuel bar Ami): A decree with an oath is not torn up - "Therefore I swore to the house of Eli, that their sin will never be atoned with animal or flour offerings".
(Rabah): It will never be atoned with animal or flour offerings, but it may be atoned through Torah.
(Abaye): It will never be atoned with animal or flour offerings, but it may be atoned through bestowing Chesed.
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.
(Beraisa): There was a family in Yerushalayim in which people were dying at the age of 18.
R. Yochanan ben Zakai: Perhaps you are from the house of Eli - "V'Chol Marbis Beischa Yamusu Anashim". Go engage in Torah, and live!
They engaged in Torah and lived - they called the family Yochanan.
Question (Rav Shmuel bar Unya): What is the source that a decree against a Tzibur is not sealed?
Objection: This cannot be! It says "Ki Im Techabsi... Nichtam Avonech Lefanai"!
Correction: Rather, what is the source that even if a decree is sealed, it can be torn up?
Answer: "Who is like Hash-m Elokeinu, whenever we call to Him".
Contradiction: It also says "Seek Hash-m when He is to be found" (this implies that sometimes we cannot find Him)!
Resolution: An individual cannot always find Him, but a Tzibur can.
Question: When can an individual find Him?
Answer (Rabah bar Avuha): This is during the 10 days between Rosh Hashanah and Yom Kipur.
A YEVAMAH WHO SPAT BLOOD
(Rabanan, to Shmuel's father): If a Yevamah spat blood she must do Chalitzah (and not Yibum). Certainly, there were drops of saliva with the blood.
Question (Beraisa) Suggestion: Perhaps blood that comes from a Zav's mouth or Ever is Tamei!
Rejection: "His flow (is Tamei)", but not blood that comes from his mouth or Ever. (If the blood contains saliva, it should be Tamei!)
Answer: If she draws the spit from her throat, there will be saliva in the blood. If it flows from her mouth, there might not be.
CHALITZAH OF A MINOR
(Mishnah): If the Yavam was deaf (...or a minor, the Chalitzah is invalid, and disqualifies her from doing Yibum).
(Rav Yehudah): This is like R. Meir, but Chachamim say, the Chalitzah of a minor has no effect.
(Mishnah): If a Ketanah did Chalitzah (it is Pasul).
(Rav Yehudah): This is like R. Meir, who learns from "Ish" that the Yavam must be an adult, and he equates her law to his. Chachamim say, "Ish" teaches that he must be an adult, but she may be an adult or minor.
Question: Who are the Chachamim?
Answer: They hold like R. Yosi;
R. Chiya and R. Shimon bar Rebbi were sitting. One said that one who prays must look down (towards the Shechinah in Eretz Yisrael) - "My eyes and heart will always be there";
The other said, his eyes should face up - "We will lift our hearts to our hands".
R. Yishmael bar R. Yosi: My father said, his eyes should be down, and his heart up, to fulfill both verses.
Rebbi came to the Beis Medrash. R. Yishmael bar R. Yosi walked slowly to his place.
Avdan (a Talmid of Rebbi): Who is this, who (looks like he) steps on the heads of the Holy nation?
R. Yishmael bar R. Yosi: It is me, Yishmael bar R. Yosi. I came to learn Torah from Rebbi.
Avdan: Are you proper to learn Torah from Rebbi?!
R. Yishmael bar R. Yosi: Was Moshe proper to learn from Hash-m?
Avdan: Are you Moshe?!
R. Yishmael bar R. Yosi: Is your Rebbi Hash-m?!
(Rav Yosef): Rebbi received his punishment (for not objecting to Avdan's treatment of R. Yishmael). He was called your Rebbi, i.e. but not my Rebbi.
A Yevamah came in front of Rebbi (to do Chalitzah). He told Avdan to check whether or not she is an adult. Avdan left.
R. Yishmael bar R. Yosi: My father said that the Torah says "Ish" to teach that the Yavam must be an adult, but she may be an adult or minor.
Rebbi: There is no need to check her. The elder has already ruled.
Avdan was returning to his place.
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?!
Rebbi (to Avdan): Stay in your place.
(Beraisa): Just then, Avdan became a Metzora, his two sons drowned, and his two daughters-in-law did Mi'un.
Rav Nachman bar Yitzchak: Blessed is Hash-m, Who embarrassed Avdan in this world (so he will not be embarrassed in the world to come)!
(R. Ami): From R. Yosi, we learn that a Yevamah may do Chalitzah from the age of Pa'utos (six to 10, depending on how sharp she is - Gitin 59a. Here, Rashi says six or seven.)
(Rava): She must reach the age of vows (one year before adulthood. If she understands vows, her vows take effect).
The Halachah is, she must bring two hairs (of adulthood).
HOW MANY JUDGES ARE NEEDED?
(Mishnah): If she did Chalitzah in front of two ...
(Rav Nachman): The Halachah does not follow this pair (of Tana'im, i.e. R. Shimon and R. Yochanan ha'Sandlar).
Question: Rav Nachman already taught this!
(Rav Nachman): Chalitzah requires three judges.
Answer: Had Rav Nachman said only that three are required, we might have thought that this is l'Chatchilah, but b'Di'eved, two suffice. Therefore, he needed to rule unlike the pair;
Had Rav Nachman said only that the Halachah does not follow law the pair, rather, the first Tana Mishnah (that three are enough), one might have thought that this is b'Di'eved, but l'Chatchilah, five are needed. Therefore, he needed to say that three are required.
(Mishnah): A case occurred (and a Yavam and Yevamah did Chalitzah by themselves in jail...)
Question: How do we know they really did Chalitzah?
Answer (Rav Yehudah): Witnesses saw them from the outside.
Question: Did they do Chalitzah outside the jail and ask R. Akiva in jail, or was the Chalitzah in jail?
Answer (Rav Yehudah): The Chalitzah was in jail and they asked R. Akiva in jail.