1)

A DECEIVED CHALITZAH [line 1]

(a)

(Beraisa): A deceived Chalitzah is valid.

(b)

Question: What is a deceived Chalitzah?

(c)

Answer #1 (Reish Lakish): They tell him that Chalitzah will permit him to do Yibum.

(d)

Objection (R. Yochanan - Mishnah): Whether he intended but not her, or she intended but not him, the Chalitzah is invalid unless both have intention.

(e)

Answer #2 (R. Yochanan): They tell him that if he does Chalitzah he will receive 200 Zuz (and he does not get it).

(f)

Support (Beraisa): A deceived Chalitzah is valid.

1.

This is when they tell him that if he does Chalitzah he will receive 200 Zuz.

2.

A case occurred in which a woman fell to an unworthy Yavam. They told him that if he does Chalitzah he will receive 200 Zuz. R. Chiya ruled that the Chalitzah is valid.

(g)

A Yavam and Yevamah came in front of R. Chiya bar Aba.

(h)

Version #1: R. Chiya told her to do Yibum. Her mother said that it is better that she not do Yibum.

1.

R. Chiya bar Aba: Do you know the nature of the Yavam?

2.

Her mother: Yes. He saw that she has money, and he wants to consume it.

(i)

Version #2: R. Chiya told the Yevamah to stand. Her mother said she cannot (she is an amputee, or sick).

1.

R. Chiya bar Aba: Does the Yavam know this?

2.

Her mother: Yes. He wants to do Yibum anyway because he saw that she has money, and he wants to consume it. (end of Version #2)

3.

R. Chiya bar Aba (to the Yevamah): Do you want him?

4.

The Yevamah: No.

5.

R. Chiya bar Aba (to the Yavam): Do Chalitzah, and then you may do Yibum.

6.

After he did Chalitzah, R. Chiya bar Aba told him that she cannot do Yibum, and he should now do a proper Chalitzah that will permit her to marry a stranger.

(j)

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

1.

Abaye: Do Chalitzah, and this will permit you to do Yibum.

2.

Rav Papa: Don't you hold like 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. (In any case the Chalitzah was valid, but she must fulfill her contract.)

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 (a large amount) to take him across. He owes only the usual fare.

ii.

This is because he can say that he was just joking (when he offered a Dinar).

iii.

Also here, she can say that she was just joking!

7.

Abaye: Where are your parents (who support you, enabling you to become so sharp)?

8.

Rav Papa: They are in the city.

i.

Because of Abaye's envy (he was orphaned from birth), Rav Papa's parents died.

2)

COERCION [line 36]

(a)

(Beraisa): If one was tricked into doing Chalitzah, the Chalitzah is valid. If one was tricked into giving a Get, the Get is invalid;

(b)

If one was forced to do Chalitzah, the Chalitzah is invalid. If one was forced to give a Get, the Get is valid.

(c)

Question: What is the case (of being forced)?

1.

Suggestion: If he said 'I want (to do it)', a forced Chalitzah should also be valid!

2.

Suggestion: If he did not say 'I want', a forced Get should also be invalid!

(d)

Answer: The Beraisa means: if one was tricked into doing Chalitzah, the Chalitzah is always valid. If one was tricked into giving a Get, the Get is always invalid;

1.

If one was forced to do Chalitzah or give a Get, sometimes it is valid, sometimes not;

2.

It is valid only if he said 'I want'.

3.

(Beraisa): "He will offer (the Korban)" teaches that we force him.

4.

Suggestion: Perhaps we force him against his will!

5.

Rejection: "According to his will" - we force him until he says that he wants.

6.

The same applies to Gitin. We force him until he says that he consents.

(e)

(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, witnesses (who saw Chalitzah or Mi'un) may not write a document of Chalitzah or Mi'un unless they recognize the people. We are concerned lest a Beis Din err. (Another Beis Din will see names in a document and assume that the supervising Beis Din verified that those people performed the Chalitzah or Mi'un.)

(f)

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

1.

Therefore, witnesses may write a document of Chalitzah or Mi'un even if they do not recognize them. We are not concerned lest (the supervising) Beis Din err (and not check the names).

106b----------------------------------------106b

3)

THE CHALITZAH RITUAL [line 1]

(a)

(Mishnah): The Mitzvah of Chalitzah is as follows. The Yavam and Yevamah come to Beis Din. They give him a proper counsel - "The elders will speak to him".

(b)

She says "My Yavam 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. The judges must see the spit. She says "So will be done to the man who will not build his brother's house."

(d)

They used to read this much. R. Hurkenus 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, and not the Talmidim;

(f)

R. Yehudah says, it is a Mitzvah on all present to say "The one whose shoe was removed".

(g)

(Gemara - Rav Yehudah): The Mitzvah of Chalitzah is as follows. She reads; he reads; she removes his shoe; she spits; she reads.

(h)

Question: What does he teach? The Mishnah says this!

(i)

Answer: He teaches that this is only a Mitzvah l'Chatchilah. If the order was reversed, it is not a problem.

(j)

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

(k)

(Abaye): One who recites the verses (for them to repeat) should not prompt her to say "Lo" by itself and "Avah Yabme" by itself. This connotes 'No, he wants to do Yibum!'

1.

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

(l)

He should not prompt the Yavam to say "Lo" by itself, and "Chofatzti" by itself. This connotes 'No, I want to take her!'

1.

Rather, he should say at once "I do not want to take her".

(m)

(Rava): This is a mere pause. We are not concerned for this.

(n)

Rav Kahana was struggling to help a Yevamah to say "Lo Avah Yabme" without pausing.

1.

Rav Ashi: Don't you hold like Rava, that there is no problem if they pause in the middle?!

2.

Rav Kahana: Rava admits that "Lo Avah Yabme" must be said without pause. (He argues only about "Lo Chofatzti").

(o)

(Abaye): One who writes a Chalitzah document must write 'We told her to say from "My Yavam refuses" until "He does not want to do Yibum with me". We told him to say from "I do not" until "To take her". We told her to read from "so" until "the one whose shoe was removed".'

(p)

Mar Zutra scratched a line (to help him write straightly) and wrote the entire passage.

(q)

Question (Mar bar Rav Ashi): One may not write passages of the Torah!

(r)

The Halachah follows Mar Zutra.

4)

THE SPIT [line 31]

(a)

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

(b)

This is because we require "She will spit in front of him".

(c)

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.

(d)

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

1.

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

(e)

(Rava): The judges must see the spit when it leaves her mouth - "She will spit, in the view of the judges."

(f)

(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.

(g)

(Beraisa - R. Yehudah): A Yevamah did Chalitzah in front of R. Tarfon - he told us all to say, "The one whose shoe was removed" three times.