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Kollel Iyun Hadaf, Jerusalem

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Yevamos 106

YEVAMOS 106 - dedicated anonymously by a student of Rabbi Kornfeld's in N.Y.



(a) Resh Lakish explained the Beraisa 'Chalitzah Muta'as Kesheirah' to mean that even if they gave an errant Yavam to believe that by performing Chalitzah, he would in fact acquire the Yevamah, the Chalitzah would be valid. Rebbi Yochanan objected - based on his ruling that if either the Yavam or the Yevamah perform Chalitzah with other motives in mind, the Chalitzah is rendered invalid.

(b) So he explained Chalitzah Muta'as to mean - informing the Yavam that, should he perform the Chalitzah, the Yevamah will give him two hundred Zuz.

(c) We do not connect the validity of the Chalitzah with the fulfillment of the condition - because of the principle that a condition on any transaction that cannot be performed through a Shli'ach (such as Chalitzah) is not binding.

(d) A case of Chalitzah Muta'as came before Rebbi Chiya, who validated the Chalitzah - because it was not a fitting match (e.g. one of the two was much older than the other).

(a) There was a case where the Yevamah refused to let the Yavam perform Yibum with her. Rebbi Chiya bar Aba justified her refusal - on the grounds that the Yavam only wanted her money, and that, after he performed Yibum with her, he planned to use up all her money and then to divorce her.

(b) He then instructed the Yavam to perform Chalitzah in order to acquire her.

(c) True, we just learned that such a Chalitzah is not valid - but that is to permit the Yevamah to marry le'Shuk. It is however, effective to forbid her to the Yavam (because of 'Keivan she'Lo Banah ... '); and once she was forbidden to him anyway, he had no option other than to perform Chalitzah, to permit her to married again.

(d) According to Rashi's second Lashon - 'Biti, Amodi', implied that she had to stand for Chalitzah, to which she replied that since she was lame and was not able to stand, her sitting was like anybody else's standing. That also increased her justification for refusing - because, despite her lameness, the Yavam wanted to perform Yibum, bearing out her theory that he only wanted her money.

(a) Abaye instructed a Yavam who wanted to perform Yibum with a Yevamah who was unsuitable for him, to perform Chalitzah in order to acquire her. Rav Papa objected ...
1. ... in this instance - on the same grounds that Rebbi Yochanan objected to Resh Lakish's explanation at the beginning of the Amud (because Chalitzah requires the correct motives).
2. ... when Abaye instructed the Yevamah to pay the money - on the grounds that she never meant to pay the money in the first place, and that she only made the condition in order to force him to perform the Chalitzah.
(b) Rav Papa proved his point from a Beraisa - where the Tana rules that, if a man who is running away from pursuers, and arrives at a river, offers someone a large sum of money to take him across, it is obvious that he only offered him that amount in order to be saved from his pursuers. Consequently, he only needs to pay him the going rate for his services, but not the promised amount.

(c) We just learned that a Chalitzah Muta'as is valid - a Get Muta'as is not (due to the fact that a condition by a Get, which can be given through a Sh'li'ach, is binding).

(d) This episode ends on a sad note - when Abaye inadvertently gave Rav Papa's parents an Ayin ha'Ra (see Ya'avetz), and they died.

(a) The Beraisa initially invalidates a Chalitzah Me'usis, and validates a Get Me'useh - one that is performed after physical force has been used to coerce the man to comply.

(b) We object to the Tana's distinction - on the grounds that, if the man stated that he condescends to obey the Chachamim's instructions, then even a *Chalitzah* Me'usis ought to be Kasher too, whereas should he refuse, then a *Get* Me'useh is not Kasher either.

(c) We conclude - that there is in fact, no difference between a Chalitzah Me'usis and a Get Me'useh: if he condescends to obey the Chachamim, both are Kasher; if he does not, both are Pasul.

(a) We learn from the Pasuk (regarding Korbanos) ...
1. ... "Yakriv Oso" - that Beis-Din should even use force if necessary, to make someone bring the Korbanos that he promised.
2. ... "li'R'tzono" - that forcing him is only effective if he finally agrees to bring it, but not against his will.
(b) The Tana also brings this Halachah with regard to giving one's wife a Get (e.g. if a Kohen married a Gerushah).
(a) Rava Amar Rav S'chorah Amar Rav Huna 'Choltzin af-al-pi she'Ein Makirin, Mema'anin af-al-pi she'Ein Makirin'. Rava himself says - 'Ein Choltzin ela-im-kein Makirin ... '.

(b) Consequently, according to Rav Huna, one *may not write* a Get Chalitzah or a Get Miy'un (in case she is not really the Yavam's Yevamah); whereas, according to Rava, one *may*.

(c) When we say that ...

1. ... Rav Huna is worried about an erring Beis-Din - we mean that since he holds 'Choltzin af-al-pi she'Ein Makirin', we are afraid to write a get Chalitzah ... , in case a subsequent Beis-Din will err, thinking that the Beis-Din in attendance need to recognize the Yavam and the Yevamah, and will therefore fail to check on them themselves.
2. ... Rava is not worried about an erring Beis-Din - we mean that the witnesses are permitted to write a Get Chalitzah ... even though they do not recognize the Yavam and the Yevamah, on the understanding that the Beis-Din in attendance recognized them.



(a) When the Yavam and the Yevamah first arrive in Beis-Din, it is the Dayanim who open the proceedings - by advising them (if necessary), to perform Chalitzah, rather than Yibum.

(b) The Yevamah then says 'Me'ein Yevami Lehakim le'Achiv Sheim be'Yisrael, Lo Avah Yabmi' - and the Yavam responds 'Lo Chafatzti Lekachtah'.

(c) Chalitzah must be said in Lashon ha'Kodesh, as we learn from P'sukim, in Sotah.

(d) The Yevamah then approaches the Yavam, pulls off his right shoe and spits towards him - all in full view of the Dayanim.

(a) The Yevamah then calls out - 'Kachah Ye'aseh la'Ish Asher Lo Yivneh es Beis Achiv'.

(b) Rebbi Hurkanus introduced the Minhag, under the oak-tree in K'far Itam - that she should add the rest of the Parshah ("ve'Nikra Sh'mo be'Yisrael 'Beis Chalutz ha'Na'al' ").

(c) According to the Tana Kama, it is only the Dayanim who called out 'Beis Chalutz ha'Na'al' at the conclusion of the ceremony - whereas according to Rebbi Yehudah, all those who are present join in.

(d) Rav Yehudah taught that the Mitzvah of Chalitzah comprises her reading, his reading, removing the shoe, spitting and her reading. The reason that he repeated this, despite the fact that the order appears clearly in our Mishnah, is - to teach us that it is only a Mitzvah (Lechatchilah) that this order must be maintained (i.e. removing the shoe and spitting), but that, Bedieved, if they reversed the order, the Chalitzah is nevertheless Kasher.

(a) Abaye said that, when ...
1. ... the Yevamah reads 'Lo Avah Yabmi' - she is not permitted to pause in between 'Lo' and 'Avah Yabmi' (so as not to convey the impression that she is saying 'Avah Yabmi' on its own.
2. ... the Yavam reading 'Lo Chafatzti le'Kachtah' - he is not permitted to pause in between 'Lo' and 'Chafatzti Lekachtah' (for the same reason).
(b) Rava disagrees with Abaye - because, since that is not their intention, it doesn't matter if they breath in the middle (so to speak).

(c) Rav Ashi once found Rav Kahana struggling to get a Yevamah to read 'Lo Avah Yabmi' without pausing in the middle. When Rav Ashi quoted him Rava's concession to break in the middle - he replied that that only pertained to 'Lo Chafatzti Lekachtah', but not to 'Lo Avah Yabmi', where 'Lo' on its own, appears to negate what she said before 'Me'ein Yevami ... ', which she now corroborates with the words 'Avah Yabmi'.

(a) They used to write in the Get Chalitzah that they made *her* read from 'Me'ein Yevami' until 'Yavmi', that they made *him* read from 'Lo' until 'Lekachtah', and her again from 'Kachah' until 'Chalotz ha'Na'al'. They did not write the full quotes - because they had no justification to make Sirtut (lines similar to those that are scratched in a Sefer-Torah) and write the entire paragraph.

(b) Mar Zutra wrote the full quotes in the Get - by first making Sirtut.

(c) Mar bar Idi queried Mar Zutra on the basis of the prohibition of writing individual Parshiyos of the Torah, even with lines. We nevertheless justify Mar Zutra's action - on the basis that, since it was not his intention to write a Parshah in the Torah to learn (like one writes such a Parshah for a child), only to use for Mitzvas Chalitzah, writing it out did not give it the Kedushah of a Sefer Torah, in which case it was permitted.

(d) The Halachah is like Mar Zutra.

(a) Abaye invalidates the Chalitzah of a Yevamah if the wind disperses her spit before it reaches the area in front of the Yavam - because the Torah writes "ve'Yarkah *be'Fanav*".

(b) Such a Chalitzah will nevertheless be valid - if the Yevamah is small and the Yavam is tall (because the moment the spit leaves her mouth, it is in fact, in front of the Yavam).

(c) The spit must reach - to a point in front of his face where he can see it (without looking upwards), for the Chalitzah to be valid.

(a) Rava invalidates the Chalitzah of a woman who spat after eating garlic or earth - because she is obligated to spit of her own volition, and not because of what she ate.

(b) Rava learns from the Pasuk "ve'Yarkah le'Einei ha'Z'keinim" - that the spit must be visible to the Dayanim.

(c) Rebbi Yehudah requires everyone present to announce 'Chalutz ha'Na'al' - like he learned from Rebbi Tarfon.

(d) They would announce it three times.

***** Hadran Alach Mitzvas Chalitzah *****

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