Shulchan Arukh, Even HaEzer, Seder Halitzah/שולחן ערוך·אבן העזר·סדר חליצה

1THE CONDENSED ORDER OF HALITZA WHICH CONTAINS FIFTY-SEVEN PARAGRAPHS: 1) The commandment of halitza [requires] three judges, even if they are laypeople, as long as they are able to read. REMA: from the outset the custom is to have the wisest of the city along with two of repute from the city, and they are the judges. We also take the two that are added on from the important men of the congregation; and they should not be blind, even in one eye. And there are those that are strict that there not be any blemishes in them at all. And it is praiseworthy for them to ponder repentance in their heart lest they may have sinned and are disqualified from judgement.

22) Each of them must be Israelites; that is, that none of them have a mother or father who converted.

33) Nor should they be relatives of one another, nor of the widow or the brother in law; and even if they have married daughters of two brothers or of two sisters, or a woman and the daughter of her sister, we are strict because of false impressions. REMA: see above at the beginning of this section paragraph 1.

44) Nor should any one of them be disqualified from judging financial cases. REMA: see above in paragraph 2 at the beginning of this section.

55) Once the three judges have met together another two are added to publicize the facts. Even if they are simpletons who do not know how to read, or if they are close-relations, the type that would not disqualify them from being judges; but all other factors would disqualify them as it would the first three. REMA: from the outset these two should not be relations of the judges.

66) A place for halitza should be established, the first three should say to the additional two [judges]: tomorrow we shall go to 'this' place to do halitza there. REMA: and the custom is to go to the place where they will sit the next day and sit there a bit. And the custom is for the additional two to go with the court, but this is not hinder [the halitza if it wasn't done], rather the court just informs the two where they should go and the three [judges] go (so it seems from the Haggahot Mordechai). Yet there are those that say that even the visit does not hinder, just that they say one to another - that tomorrow we will go and do halitza in this particular place (Ohr Zarua). And it isn't required that all three judges speak of it, just that the senior amongst them say it on behalf of the other two (Beit Yosef - so I found it written). Nonetheless, there are those who are strict that each of the three say it. See below in the commentary on the Order of Halitza paragraph 12.

77) The setting of the place, needs to be on the evening of the day before the halitza. REMA: see below in the commentary to the Order of Halitza paragraph 15.

88) If the halitza is on Sunday, we do not set the place on the Sabbath, rather it is done on the eve of the Sabbath.

99) The place that they set for the halitza, it needs to be at the heights of the town, that is: a well-known place.

1010) On the day that they set the place, they send [a message/messenger] to the widow to inform her that on the day of the halitza she should not eat REMA: or drink, anything until she has had halitza. REMA: nor should she spit in front of the court in front of whom she will be having halitza, nor should she speak a lot, nor should she pick her teeth before the halitza. And we repeat these warnings to her on the morning before the halitza as well. And it is the custom for the brother in law to wash his leg the day before the halitza so that it will be easy to wash it on the day of the halitza. It is also good for him to cut his toenails. They [the judges] shall also check on that day if they are of majority age and fitting for halitza. Everything else that needs to be checked - it is better for them to be checked the day before the halitza. They should also teach the brother in law and the widow to read properly, in one breath (all this is explained in the Order(s)).

1111) We do not do halitza at night, nor on the Sabbath or a Holy Day, nor on Sabbath or Holy Day eves REMA: but on the intermediary days of a festival we do halitza. (Beit Yosef)

1212) On the day of the halitza the five judges should come to the place they set, and the three primary judges sit on one bench REMA: the senior one sits in the middle. And the two additional (judges) sit in front of them on another bench, REMA: there are those that say they sit on the side, and so is the custom. And the brother in law and the widow stand in the middle. REMA: the brother in law and the widow should go to the judges, and not the judges to them, as it says "his brother's wife shall go up to the gate to the elders" Deuteronomy 25:7. Nonetheless, if the judges went to them, the halitza is not negated.

1313) Other people are brought in to be there at the time of the halitza, there should be at least five, along with the judges the total should be ten. REMA: therefore the custom today is to go to do the halitza immediately after the end of synagogue morning services, for at that time there are a lot of people, and the senior amongst them should say to his counterpart amongst the community members: let us go to do halitza in the place that we set yesterday.

14And all of those coming there are required to sit at a distance from the judges. (HaMapach: And no person should sit upon the benches where the judges sit when they perform chalitzah in before them. Also, they must arrange for two competent witnesses and stand them [the witnesses] next to the benches so the judges may inquire concerning the brother-in-law and the widow, to see whether it is appropriate to perform chalitzah. The brother-in-law must dress himself as a mourner, and so too the widow.)

15The court should warn the yevama (levirate wife) not to spit in front of the yavam until she removes [the shoe]. Rama: They should be extremely careful that they do not arrive at [lit.: it shall not arise in their hands] an invalid chalitza, so that she should not need to receive chalitza afterward from all the brothers (Hagahot Alfasi, end of laws of Chalitza), and see infra chapter 170.

1616 - It is necessary that neither the brother-in-law nor the widow be a minor, deaf so as to be unable to hear and speak, mute, or a simpleton.

17It is necessary that the yavam performing chalitza (i.e. undergoing the chalitza ceremony) should not be blind, if he has a brother who is not blind.

18It is required that the yavam's foot should not be twisted backward or turned on its side, and also that he does not walk on his toes.

19If the yavam is a convert, it is required that the court knows whether his conception and the deceased brother's conception and their birth were in sanctity (from Jewish parentage).

20The court must know whether the deceased brother left viable seed. Rama: All these investigations are asked of the witnesses at the time of the chalitza ceremony, so that the matter shall be publicized. And so it is organized here in the text of the Seder Chalitza above from section 16 through section 28. They (the court) also announce publicly that they had already inquired the day before regarding the signs (sexual characteristics) of the man and woman to confirm that they are adults.

21The court must know whether this yavam is the paternal brother of the deceased, and whether they "sat together" (i.e. if they ever lived at the same time) in the world.

22The court must know if this yavam is the eldest of the [surviving] brothers.

23They must know if this woman was the wife of the yavam's deceased brother.

24Testimony on these matters is believed from a single witness, even a woman, or [Canaanite] slave or maidservant, or a minor who is aware and wise.

25Court should know whether 92 days have passed since the death of the husband. See infra in explanation of the Seder Chalitza section 39.

26The court must know if he is left-footed.

27The court must know if the yevama is left-handed.

28They initially seat the yavam and yevama. Rama: The judges or the chief among them asks the yavam what he requests, and the yavam should tell them that he comes to release the yevama via chalitza, and judge asks the yevama is she desires to undergo chalitza (remove the shoe), and she says, "yes". He then tells them, "Arise". The yevama stands to the right of the yavam.

29The yavam and yevama stand on their feet. If the yevama desires to undergo levirate marriage, they (the court) say to the yavam, "If you so desire, release [the yevama] via chalitza, if you desire take her in levirate marriage." He answers that he does not desire levirate marriage. If the yavam prefers levirate marriage and the yevama does not, or she is one of the women who require chalitza release, but (by Rabbinic law) may not undergo levirate marriage, they initially teach him to respond that he does not desire levirate marriage. They say thusly to him, "Do you desire to release this [woman] your yevama with chalitza?" and he answers, "Yes". Rama: Some say that they always ask whether he wants to perform levirate marriage or to release the woman via chalitza. Even though chalitza is preferable, they nevertheless ask him so that he explicitly states that he wants to release the woman with chalitza, and they should determine that he was already satisfied with chalitza, and he says that he desires chalitza, and this is the proper custom. Some add that if the yavam already has a wife, the court tells him that he is still permitted to "marry" (i.e. take the yevama in levirate marriage) and this would not run afoul of the excommunication of Rabbenu Gershom [against bigamy]. See also in the Seder Chalitza sections 44 and 46.

30The yavam and yevama must know that with this chalitza ceremony she will permitted to marry freely.

31He may not be forced into the chalitza ceremony against his will.

32If he previously swore to release with chalitza or not to release, they (the court) first release him from his oath. Rama: They should warn the husband (yavam) and wife (yevama) not to answer "yes, yes" or "no, no", but rather a single yes for a positive response and a single no for a negative response. The should also communicate in the vernacular so that all understand. See also in explanation of Seder Chalitza, chapter 68.

33He must first invalidate any prior disclaimers delivered regarding this chalitza. Similarly he must invalidate any witnesses who might testify that he delivered disclaimers regarding this chalitza. The sage should say to the yavam, "Say: (i.e. repeat after me) I hereby invalidate any disclaimer, and any disclaimer of a disclaimer and so on unto eternity that I may have delivered regarding this chalitza. And any words (conditions) which if they were to be fulfilled would cause this chalitza to be invalidated are hereby invalidated. Similarly I testify regarding myself that I have not delivered any item by which this chalitza would become invalidated. And I hereby disqualify any witness or witnesses who may testify that I delivered or spoke any item that would cause this chalitza to be invalidated or would weaken its strength.

34The court must take care to avoid (lit.: that there should arise in their hands) any invalid chalitza.

35[The judge] must ask the yevama if she ate or drank today.

36The sage shall take the shoe in his hand and inspect it that there shall be no mud stuck on the inside -- Note: and that it is made according to halachic requirements.

37He shall instruct the yavam to carefully wash his right foot. Rama: He shall dry it well, wrap it in a cloth, and walk in it.

38The yavam shall tie the corner of his pants above his foreleg (tibia). Rama: The judges shall inspect to see that his foot is clean of any dirt.

39The owner of the shoe shall give the shoe to the yavam as a gift -- Note: and the yavam shall make a formal acquisition by lifting [up the shoe].

40The yavam shall put the shoe on his bare right foot, without any socks, but rather directly contacting his flesh. Note: It should be the proper size for the yavam's foot, and should not reach above the knee.

41He shall put the clasps of the shoe into the loops. Rama: There are arrangements (chalitza how-to texts) in which it is written that the arranging Rabbi puts the shoe on to the yavam and ties it properly, but if the yavam is capable of doing it himself there is no reason for concern and it is acceptable.

42He shall tie the straps twice around his foreleg, from the knee and below, and insert them in the eyelets of the shoe such that the straps reach the flesh of his foreleg posteriorly. Note: He shall ascertain that the straps are adjacent one to another as much as possible (all of the above is found in various chalitza arrangement texts). And see further in the explanation of the Seder Chalitza section 58 and section 59.

43He shall tie the two straps on the flesh of the foreleg anteriorly, one knot atop the other, tight, with the ends twisted (i.e. tucked and wrapped into the straps).

44The yavam must walk four cubits while wearing the chalitza shoe on his foot. Note: He should walk in front of the judges so they can see which is his dextrous foot (ibid). And see also in the explanation of Seder Chalitza section 62.

45They stand the yavam next to a wall or pillar so that he may support himself. Note: He should take care not to lean so much that if they removed the pillar he would fall, for this is not called standing.

46In all matters of the chalitza ceremony, whether with respect to the recitation, the taking off of the shoe, or the spitting, the judges should be sitting, while the yavam and yevama should be standing. Note: The yevama should be placed facing the yavam so that her speech is directed at him, in front of the court.

47They teach her (the yevama) and the yavam to read, so that he and her will be fluent (in reading the required texts aloud) and able to recite "lo avah" (Deuteronomy 25:7 - he does not desire) in one breath. Note: They explain the nature of the proceedings to the yavam and the yevama, that she will be released from the yavam, and permitted to marry any man, and we ask them to have this intention, and they answer, "yes".

48They have the yevama recite (in Hebrew): "My yavam refuses to establish for his brother a name in Israel, he declines levirate marriage" (Deuteronomy 25:7). The words are narrated one at a time, except [the two words] "lo avah" (he declines) are read together. This recitation and the other recitations must be in the holy language. Note: if they (the yavam or yevama) in a word, he should return to the beginning of the text (Seder Maharil).

49They have the yavam say, "I do not want to take her" (Deut. 25:8). And they say the word, "to take her," with a mappiq in the "he." Moreover, he must say these words in one breath.

50The yavam must understand the words of the yevamah, as well as what he [says in] response.

51The yavam should lean against the wall or the pillar behind him, and press his leg against the floor. Note: they should warn him not to help the yevama remove his shoe.

52"And the yevama shall approach him" (Deuteronomy 25:9), and loosens the knots of the shoe with her right hand, without the assistance of the left. She then opens the clasps, the lowest one first [and proceeding to the top]. She grasps his foot with her left hand, lifts it from the floor, removes the shoe from the heel, and takes off the entire shoe using her right hand without assistance from the left, and without assistance from the yavam, whether from his hand or his leg, and throws the shoe to the ground, at some distance. The yevama remains standing throughout this procedure, bent over but not sitting or kneeling. The Rabbi tells her to gather a large quantity of spittle in her mouth, not a yawn or a sneeze. She should not spit plain water, but only actual spittle.

53The yevama stands opposite the yavam, and shall spit on the floor a large spit in front of his face. The five judges must see the spittle as it leaves her mouth and until it lands on the ground in front of the yavam.

54They narrate to her in Hebrew [and she says]: "Thus shall be done to the man who will not establish his brother's house, and it shall be named in Israel the house of the shoe removal" (Deuteronomy 25:9-10). [They repeat] "the house of the shoe removal, the house of the shoe removal".

55Everyone present responds and says, "the shoe is removed" three times.

56The yavam returns the shoe to the judges. The judges say, "May it be [G_d's] will that the daughters of Israel shall not come to require chalitza or levirate marriage."

57I have found written in an Ashkenazic chalitza arrangement: When the yavam and yevama arise, the Rabbi says (a blessing): "Blessed are you, Lord, our G_d, King of the universe, who has sanctified us with his commandments, and charged us in the commandments and laws of our father Abraham." And the reason, as stated in chapter "Kisui hadam" (Chullin chapter 6) as reward for Abraham saying "and to a shoelace" (Genesis 14:23), his descendents merited the shoe of chalitza. It should be said without saying the name of G-d or his kingship. Rama: There are chalitza arrangements in which it is written to declare excommunication on those who slander the chalitza, but I have not seen people follow this custom.