Thursday, June 16, 2022

Why does the ceremony of ḥalitza need to be done before a court of three? TB Yevamot101

With daf TB Yevamot 101 we finish the 11th chapter of our massekhet and begin the 12th chapter. Up to now we been learning about the mitzvah of yibum, levirate marriage. When a man dies childless his widow marries her late husband’s brother and the child born of this union perpetuates the deceased’s name and inherits his property. The 12th chapter discusses the laws of ḥalitza (חֲלִיצָה), the ceremony that dissolves the bond between the widow and her brother. Once ḥalitza is accomplished, the widow is free to marry any man she chooses.

The Mishnah begins with the halakha that the ḥalitza ceremony must be done in front of a court. “The mitzva of ḥalitza , the ritual through which the yavam (the brother-in-law –gg) frees the yevama (the widow-gg) of her levirate bonds, must be performed before three judges, and the ritual does not require the judges to be experts fit to adjudicate other matters, as even if all three are laymen, it is acceptable.” (Sefaria.org translation)

I think one of the reasons why this ceremony of ḥalitza must be done in a “courtroom” with judges is to publicize the dissolving of the yibum bond. People will hear that the bond between the yavam and the yevama is dissolved and won’t come to the wrong conclusion about this woman when she marries another man.

The Gemara provides another reason. The court has a more important role than just notarizing that the bond between the yavam and yevama is dissolved. They must advise the brother-in-law if they see that they match is not “made in heaven.” When the Torah describes the ḥalitza ceremony, the Torah uses the phrase “And they shall speak” (Deuteronomy 25:8). The Gemara explains what this phrase means. “‘They shall speak to him’ teaches that they give him counsel appropriate for him concerning whether he should perform levirate marriage or ḥalitza. For example, if he was a young boy and she was elderly, or if he was elderly and she was a young girl, they would tell him not to enter into levirate marriage because: What are you doing with a young girl if you are an old man? What are you doing with an elderly woman if you are a young boy? Go be with someone like yourself, closer to your own age, and do not bring a quarrel into your household, as the age difference will be a cause for disputes and strife later.” (Sefaria.org translation) In other words, the court gives them good advice when the brother-in-law should not marry his brother’s widow. Hopefully the brother-in-law will listen to the court.

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