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''Halizah'' (or ''chalitzah''; he, חליצה) is, under the
biblical The Bible (from Koine Greek , , 'the books') is a collection of religious texts or scriptures that are held to be sacred in Christianity, Judaism, Samaritanism, and many other religions. The Bible is an anthologya compilation of texts of a ...
system of
levirate marriage Levirate marriage is a type of marriage in which the brother of a deceased man is obliged to marry his brother's widow. Levirate marriage has been practiced by societies with a strong clan structure in which exogamous marriage (i.e. marriage out ...
known as ''
yibbum Yibbum (, Hebrew: ייבום) is the form of levirate marriage found in Judaism. As specified by , the brother of a man who died without children is permitted and encouraged to marry the widow. However, if either of the parties refuses to go throu ...
'', the process by which a childless widow and a brother of her deceased husband may avoid the duty to marry. 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 for the purpose of conceiving a child which would be considered the progeny of the deceased man. The ceremony of chalitzah makes the widow free to marry whomever she desires, except for a Cohen (priest). (). It is sufficient for only one brother-in-law to perform the ceremony. The mode of levirate marriage () is thus modified in the Deuteronomic code attributed to
Moses Moses hbo, מֹשֶׁה, Mōše; also known as Moshe or Moshe Rabbeinu (Mishnaic Hebrew: מֹשֶׁה רַבֵּינוּ, ); syr, ܡܘܫܐ, Mūše; ar, موسى, Mūsā; grc, Mωϋσῆς, Mōÿsēs () is considered the most important pro ...
, by permitting the surviving brother to refuse to marry his brother's widow, provided he submits to the ceremony of ''halitzah''. In the Talmudic period the tendency against the original mode was intensified by 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 ''halitzah'' to actual marriage. Thus the ancient institution of the levirate marriage fell into disuse, so that at present ''halitzah'' is the general rule and marriage the rare exception. In theory, however, the Biblical law of levirate marriage is still presumed in force, thus making the childless widow who remarries someone other than her brother-in-law without performing the ''halitzah'' ceremony an adulterer.


The ceremony

Deuteronomy describes the ceremony simply. In the presence of town elders, the widow recites a prescribed formula which scolds him for not building his brother's household, loosens the shoe of the brother-in-law, and spits on the floor. In the Talmud, however, the rabbis explained the ceremony as a more solemn and public act. The Halizah is a very humiliating ceremony for both the parties involved. It is believed that when the ceremony is performed publicly, the humiliation and the shame that the brother and the widow feel in meant to break the bond that they hold. The ceremony must take place before a court of three, who need not be very learned, but must at least understand Hebrew. All those who are disqualified from testifying in legal matters are disqualified also from acting on this board of judges. These three appoint two others to assist them, and at the service on the evening preceding the day of the ceremony they appoint a place for its performance, to give the matter more publicity. The place chosen is usually the synagogue court or the house of the rabbi, although the ceremony may take place in the house of the widow. All investigations into the concerned parties are conducted the previous day, on which both are instructed in ceremony details, and on which the ''yebamah'' (widowed sister-in-law) is not allowed to eat. The ''halitzah'' should not be performed in the evening, nor on a Sabbath or a holiday, nor on the eve of a Sabbath or a holiday. 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.


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
kosher (also or , ) is a set of dietary laws dealing with the foods that Jewish people are permitted to eat and how those foods must be prepared according to Jewish law. Food that may be consumed is deemed kosher ( in English, yi, כּשר), from ...
animal. 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 cubits in the presence of the judges. Then the chief judge reads the following passage, which the ''yebamah'' repeats word for word: : "My brother-in-law refuses to raise unto his brother a name in Israel; he will not marry me." Then the ''yabam'' repeats the sentence: : "I do not wish to take her." 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: : "So shall it be done unto that man who will not build up his brother's house, and his name shall be called in Israel, 'the house of him that hath his shoe loosed." 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: : "May it be the will
f God F, or f, is the sixth letter in the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is ''ef'' (pronounced ), and the plural is ''efs''. His ...
that Jewish women be no more subjected to ''halitzah'' or to ''
yibbum Yibbum (, Hebrew: ייבום) is the form of levirate marriage found in Judaism. As specified by , the brother of a man who died without children is permitted and encouraged to marry the widow. However, if either of the parties refuses to go throu ...
''." As they rise, the chief of the judges says: : "Blessed be He who sanctified us with the commandments and statutes of Abraham our father." 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. The ceremony of loosening the shoe has been explained in various ways. From the incident in the
Book of Ruth The Book of Ruth ( he, מגילת רות, ''Megilath Ruth'', "the Scroll of Ruth", one of the Five Megillot) is included in the third division, or the Writings (Ketuvim), of the Hebrew Bible. In most Christian canons it is treated as one of the ...
(), 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 Yechiel ben Joseph of Paris or Jehiel of Paris, called Sire Vives in French ( Judeo-French: ) and Vivus Meldensis ("Vives of Meaux") in Latin, was a major Talmudic scholar and Tosafist from northern France, father-in-law of Isaac ben Joseph of Co ...
, 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. Another possibility comes from ''Wesley's Notes'': Deut 25:10 His name - That is, his person, and his posterity also. So it was a lasting blot. 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 Book of Ruth ( he, מגילת רות, ''Megilath Ruth'', "the Scroll of Ruth", one of the Five Megillot) is included in the third division, or the Writings (Ketuvim), of the Hebrew Bible. In most Christian canons it is treated as one of the ...
.


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. 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. The practice of signing these ''halitzah'' documents has fallen out of currency in
North America North America is a continent in the Northern Hemisphere and almost entirely within the Western Hemisphere. It is bordered to the north by the Arctic Ocean, to the east by the Atlantic Ocean, to the southeast by South America and the C ...
.


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 Orthodox Judaism is the collective term for the traditionalist and theologically conservative branches of contemporary Judaism. Theologically, it is chiefly defined by regarding the Torah, both Written and Oral, as revealed by God to Moses ...
still observe halitzah in all its details when the occasion requires. There are generally only between 10 and 20 ceremonies per year in Israel."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 Reform ( lat, reformo) means the improvement or amendment of what is wrong, corrupt, unsatisfactory, etc. The use of the word in this way emerges in the late 18th century and is believed to originate from Christopher Wyvill's Association movement ...
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 Augsburg (; bar , Augschburg , links=https://en.wikipedia.org/wiki/Swabian_German , label=Swabian German, , ) is a city in Swabia, Bavaria, Germany, around west of Bavarian capital Munich. It is a university town and regional seat of the ...
(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

*
Yibbum Yibbum (, Hebrew: ייבום) is the form of levirate marriage found in Judaism. As specified by , the brother of a man who died without children is permitted and encouraged to marry the widow. However, if either of the parties refuses to go throu ...
*
Takkanot Shum The ( he, תקנות שו"ם), or Enactments of SHU"M were a set of decrees formulated and agreed upon over a period of decades by the leaders of three of the central cities of Medieval Rhineland Jewry: Speyer, Worms, and Mainz. The initials of t ...


References

{{JewishEncyclopedia, title=ḤALIẒAH, url=http://www.jewishencyclopedia.com/articles/7105-halizah Jewish marital law Uses of leather in Judaism Positive Mitzvoth Uses of shoes Widow inheritance