The commandment of release (chalitsah): That we have been commanded (see Sefer HaMitzvot, Positive Commandments 217) that the levirate wife removes the shoe of the levirate husband from upon his foot when he does not want to marry her as a wife. And about this is it stated (Deuteronomy 25:9), “and she removes the shoe from upon his foot.”
It is from the roots of the commandment [that it is] since this woman is fitting to serve this man instead of his brother from the reason that we gave above regrading the commandment of levirate marriage and [yet] he does not want her. [Hence] the Torah commanded that she perform this act of service of removing the shoe for him — which is the service of a slave acquired publicly in front of the court — to show to all that she was completely acquired to him, and that it would have been fitting for him to perform levirate marriage with her for the reason mentioned in the previous commandment. And because he does not want to do what is incumbent upon him — to establish a name for his brother — she goes out from under his hand and spits in front of him; to make known that she is completely separated from him and not subjugated to him any longer, [such] that she should give him honor in any matter. Rather, he is considered like a stranger that she is not concerned about spitting in front of him. And from now on, she goes and can marry anyone she wants.
From the laws of the commandment is that which they, may their memory be blessed, said (Yevamot 17b), “‘When brothers dwell together’ — to exclude the wife of a brother who was not in his world”; meaning that [then] she does not have an obligation of levirate marriage and not of release — for example, [if] this brother was born after his brother [that was married and had no children] died. And that which they also inferred (Yevamot 17b), “‘Brothers together’ — that are together in inheritance, to exclude brothers [born only] from the mother,” who are not obligated in levirate marriage and release. “‘And has no (ein) son’ — look into (ayen) him” (Yevamot 22b). [This is] meaning to say that if the brother did have a son or daughter from any place, or the son of a son or the son of a daughter or the daughter of a daughter or any one that came out from his “thigh” — there is no commandment of levirate marriage or release there, for the reason that we mentioned concerning the commandment of levirate marriage.
And this is the order of the release (chalitsah) as we have learned it from our Rabbis, may their memory be blessed, in the Gemara (Chapter 12 of Yevamot — Mitzvat Chalitsah) — and so is it practiced today: Three men are chosen that know how to read what they are obligated to read to the levirate husband and the levirate wife — and they are called judges. And they add to them [two] others with them, so that there be five to publicize the matter — or [even] up to ten (Yevamot 101b); and such is the practice of the people. And the five judges are careful (Yevamot 104a) that they not be related to each other or to the levirate husband or the levirate wife. And [then] they say to each other, “Let us go to place x, and set a place for the release of y” — since so did Rava say (Yevamot 101b), “The judges have to set a place.” And they [all] go there and the judges sit and the levirate husband and the levirate wife stand — as if in judgment, wherein the judges are sitting and the litigants are standing. And there is no impediment in this — such that if they did it [with the levirate husband and the levirate wife] sitting, the release is not disqualified by this. And afterwards, the judges ask the levirate husband if he is thirteen years and a day old and has produced two [pubic] hairs, and they also find out clearly that the woman being released is the wife of the dead brother of this releaser — as Rava said (Yevamot 106a), “We do not release if we do not recognize.” And when they know all of this with certainty and the matter is clear to them, they also ask the woman if she ate that day. And if she ate, we do not release on that day, [as] we are concerned lest she ate things that bring her to spitting; and we need the spitting to be from her — as Rava said (Yevamot 106b), “[If] she ate garlic and spit, [or] if she ate a clod of dirt and spit, it is nothing; ‘and she spits’ — we need it to be from her and [this] is not.” Nonetheless, this thing does not impede [it], and if they released her in this way, their release is fit, ex post facto — as behold, the spitting being from her does not impede [it].
And afterwards, if the court sees that the levirate husband and the levirate wife are [legally] fit for one another, they start with the levirate husband (Yevamot 106b) and say to him, “If it is pleasing to you to perform levirate marriage, perform [it] — and, if not, release [her].” And if he wants to release her, he takes a hard sandal that is all leather, or a soft sandal, since all of the people have already become accustomed to it (Yevamot 102a). And he should be careful that it all be stitched with leather (Yevamot 102b), and that it not be exceedingly large, but rather medium — so that he can walk with it — and also not too small, but rather it should at least cover the majority of his foot. And, from the outset, he should release [her] with his shoe and it [should be] the right shoe; however, ex post facto, this does not impede [it]. And there should be two straps of leather or of hair sewn into the shoe (Yevamot 107b), and they should be big enough to wrap it around his foot. And he should put the shoe on his right foot; and he [should be otherwise] barefoot and not with stockings, so that it is not “upon that which is ‘upon.’” And if he released [her] with the left foot, his release is disqualified (Yevamot 104a). And he should be careful that the shoe not be so tall that it goes over his knee — as this is also “upon that which is ‘upon.’” But [if it is] below the knee, it is certainly not “upon that which is ‘upon.’” And afterwards, he ties the straps around his foot, and he ties two knots. And the levirate husband stands next to the wall or next to a post and presses his foot onto the ground — as Amimar says, “That one that releases needs to press his foot” (Yevamot 103a).
And afterwards (Yevamot 106b), the court has the levirate wife recite in the holy tongue [the relevant passage] from, “My levirate husband refuses” until “he does not want to perform levirate marriage with me.” And she should be careful not to pause between “does not” [and] “want,” but rather read these two words at one time without a pause, so that it does not sound like “want[s] to perform levirate marriage with me.” And they have the levirate husband recite, “I do not want to marry her.”
And afterwards, the levirate wife comes next to the levirate husband and she approaches him and unties the straps without any assistance from the levirate husband at all. And [then] she removes the shoe from his foot — and also in this, the levirate husband does not assist at all. Rather, he stands next to the wall and presses his foot properly onto the ground. And it is all [done] standing, as we have said. And according to our Gemara (Bavli Yevamot 102a), she removes [the shoe] with either her left hand or her right hand — as we do not find an exactitude about this in the Gemara. But in Yerushalmi Yevamot 12:1, they said that she needs to remove [it] with the right hand. Hence, the [woman] should concern herself [about this] and, from the outset, remove [it] with the right. And if she has no hands, she should remove it with her teeth, [even] from the outset, and as it is explained in the Gemara (Yevamot 105a).
And afterwards “and she spits in his face” — spit that the judges can see — as Rava says (Yevamot 106b), “The judges need to see the spit that came out of the mouth of the levirate wife.” And “we need [...] that the spit reaches in front of the face of the levirate husband,” as we say in the Gemara. [It is] such that if he is tall and she is a midget and the wind caught it [upwards], we call this “in his face”; but if she is tall and he is a midget and the wind caught it [upwards], it does not help at all — as we need that it “reaches in front of the face.” However, after it “reaches in front of his face,” if the wind caught it, we have no [concern about] it.
And afterwards, the court has her recite in the holy tongue from, “Thus shall be done to the man” until “the unshoed one.” And afterwards, all who are standing there answer, “The unshoed one, the unshoed one,” three times. As it is taught (Yevamot 106b), “Rabbi Yehudah said, ‘One time we were sitting in front of Rabbi Tarfon, and a levirate wife came to remove [the shoe]. He said to us, “All of you answer, ‘The unshoed one,’ three times in the holy tongue.”’” And they said in the Gemara (Yevamot 106b), “Rav Yehudah said that Rav said, ‘The commandment of release is [that] she reads and he reads, she removes and spits and reads.’ What [novelty] do we infer — it is [already in] our mishnah? We infer that [this is only] a mitzvah (an ideal fulfillment of the commandment), and if [the order] is reversed, we have no [concern about] it.” And so is the law.
And after she removes [the shoe] in court as is fitting, the court writes her a contract of release, so that she can get married to [anyone in] the marketplace with it. And Rabbi Alfasi, may his memory be blessed, wrote in his Laws (Rif Yevamot 35b in his pagination) and this is his language: “And so the writing of the release contract has to be lined with lines and not [written] with [inferior] ink, and he needs to write, ‘In the place of the sitting of three as one,’ and the three sign it, and [that is] only if they know how to read it to others.”
And this is the contract of release: “On x day that is this number in the month x, which is this number [year] from the creation of the world, according to the number that is accustomed in the place x, we the judges, some of which are signed below, are in the sitting of three as one in the court. And x the daughter of y came down in front of us, the widow of z, and she brought close in front of us a man, whose name was b the son of c. And so did she say to us, ‘This b, the son of c, the brother — [born] from the father — of z the son of c, who married me and died and left our rabbis and all of Israel alive, but he did not leave a son or daughter that would inherit and would be related and bring out his name in Israel. And this b, his brother, is fitting to perform levirate marriage with me. And now, our rabbis, my judges, say to him, “If you want to perform levirate marriage with me, perform [it].” And, if not, let him extend his right foot in front of you, and I will untie the shoe from upon his foot and spit in his face.’ And we have ascertained it, that this b is the brother of z, [born] from the father, and we said to him, ‘If you want to perform levirate marriage with her, perform [it] — and, if not, extend your right foot to her in front of me, and she will untie your shoe from upon your foot and spit in your face.’ And he answered and said, ‘I do not want to perform levirate marriage with her.’ Immediately, I had this x recite, ‘My levirate husband refuses to establish a name in Israel for his brother; he does not want to perform levirate marriage with me.’ And also [with] this b, I had him recite, ‘I do not want to marry her.’ And he extended his right foot and she untied his shoe from upon his foot and spat in his face — spit that was visible to us from her mouth to the ground. And again, I made this x recite, ‘Thus shall be done to the man who will not build up his brother’s house!’ And again I had her recite, ‘And he shall go in Israel by the name of the family of the unshoed one.’ And we, the judges, and all who were sitting there, answered after her, ‘the unshoed one,’ three times. And once this event happened in front of us, we have permitted this x to go and marry any man she wants, and no one should protest against her [for that], from this day and forever. And this x requested this contract of release, and I have written it and signed it and given it to her to own, like the law of Moshe and Israel. And three [judges] sign on it.”
And the rest of the details of this commandment are elucidated in the tractate connected to the laws of levirate marriage and release, and that is Tractate Yevamot. And for this, is it called Yevamot (levirate marriages) and not Chalitsot (releases) — because they, may their memory be blessed, said (Yevamot 39b), “The commandment of levirate marriage precedes the commandment of release.”
And it is practiced in every place and at all times by males. And one who transgresses this and does not want to perform levirate marriage with his levirate wife nor to release her, because of the evil of his heart, has violated this positive commandment.
מִצְוַת חֲלִיצָה – שֶׁנִּצְטַוִּינוּ לִהְיוֹת הַיְּבָמָה (עי' ספהמ"צ עשה ריז) חוֹלֶצֶת לַיָּבָם נַעֲלוֹ מֵעַל רַגְלוֹ כְּשֶׁלֹּא יִרְצֶה לִשָּׂא אוֹתָהּ לוֹ לְאִשָּׁה, וְעַל זֶה נֶאֱמַר (דברים כה ט) וְחָלְצָה נַעֲלוֹ מֵעַל רַגְלוֹ.
The commandment of release (chalitsah): That we have been commanded (see Sefer HaMitzvot, Positive Commandments 217) that the levirate wife removes the shoe of the levirate husband from upon his foot when he does not want to marry her as a wife. And about this is it stated (Deuteronomy 25:9), “and she removes the shoe from upon his foot.”
מִשָּׁרְשֵׁי הַמִּצְוָה. לְפִי שֶׁהָאִשָּׁה הַזֹּאת הָיְתָה רְאוּיָה לְשַׁמֵּשׁ הָאִישׁ הַזֶּה תַּחַת אָחִיו, מִן הַטַּעַם שֶׁזָּכַרְנוּ לְמַעְלָה בְּמִצְוַת יִבּוּם, וְהוּא אֵינוֹ רוֹצֶה בָּהּ, צִוְּתָה הַתּוֹרָה שֶׁתַּעֲשֶׂה אֵלָיו מַעֲשֵׂה שִׁמּוּשׁ זֶה שֶׁל חֲלִיצַת נַעַל, שֶׁהוּא שִׁמּוּשׁ הָעֶבֶד הַקָּנוּי בְּפִרְסוּם לִפְנֵי בֵּית דִּין, לְהַרְאוֹת לַכֹּל שֶׁקְּנוּיָה הָיְתָה לוֹ לְגַמְרֵי, וְכִי רָאוּי הָיָה לוֹ לְיַבֵּם אוֹתָהּ, מִן הַטַּעַם הַנִּזְכָּר בַּמִּצְוָה הַקּוֹדֶמֶת, וּלְפִי שֶׁהוּא אֵינוֹ רוֹצֶה לַעֲשׂוֹת מַה שֶׁמֻּטָּל עָלָיו, לְהָקִים לְאָחִיו שֵׁם הִיא יוֹצֵאת מִתַּחַת יָדוֹ, וְיָרְקָה בְּפָנָיו לְהוֹדִיעַ שֶׁנִּפְטְרָה מִמֶּנּוּ לְגַמְרֵי, וְאֵינָהּ מְשֻׁעְבֶּדֶת לוֹ עוֹד לַחְלֹק לוֹ כָּבוֹד בְּשׁוּם דָּבָר, אֲבָל הוּא חָשׁוּב אֵלֶיהָ כְּאִישׁ זָר שֶׁאֵין מַשְׁגִּיחִין עָלָיו מִלִּירוֹק בְּפָנָיו, וְתֵלֵךְ לָהּ מֵעַתָּה וְתִנָּשֵׂא לְכָל מִי שֶׁתִּרְצֶה.
It is from the roots of the commandment [that it is] since this woman is fitting to serve this man instead of his brother from the reason that we gave above regrading the commandment of levirate marriage and [yet] he does not want her. [Hence] the Torah commanded that she perform this act of service of removing the shoe for him — which is the service of a slave acquired publicly in front of the court — to show to all that she was completely acquired to him, and that it would have been fitting for him to perform levirate marriage with her for the reason mentioned in the previous commandment. And because he does not want to do what is incumbent upon him — to establish a name for his brother — she goes out from under his hand and spits in front of him; to make known that she is completely separated from him and not subjugated to him any longer, [such] that she should give him honor in any matter. Rather, he is considered like a stranger that she is not concerned about spitting in front of him. And from now on, she goes and can marry anyone she wants.
מִדִּינֵי הַמִּצְוָה. מָה שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה (יבמות יז, ב) כִּי יֵשְׁבוּ אַחִים יַחְדָּו, פְּרָט לְאֵשֶׁת אָח שֶׁלֹּא הָיָה בְּעוֹלָמוֹ, כְּלוֹמַר שֶׁאֵין בָּהּ חִיּוּב שֶׁל יִבּוּם וְלֹא שֶׁל חֲלִיצָה, כְּגוֹן שֶׁנּוֹלַד זֶה הָאָח הַחַי אַחַר שֶׁמֵּת אָחִיו. וּמָה שֶׁדָּרְשׁוּ גַּם כֵּן (שם) אַחִים יַחְדָּו, הַמְּיֻחָדִים בְּנַחֲלָה, פְּרָט לְאַחִים מִן הָאֵם, שֶׁאֵינָם בְּחִיּוּב יִבּוּם וַחֲלִיצָה. וּבֵן אֵין לוֹ, עַיֵּן עָלָיו, כְּלוֹמַר שֶׁאִם יֵשׁ לָאָח בֵּן אוֹ בַּת מִכָּל מָקוֹם אוֹ בֶּן בֵּן, אוֹ בֶּן בַּת, אוֹ בַּת בַּת וְכָל יוֹצְאֵי יָרֵךְ אֵין שָׁם מִצְוַת יִבּוּם וַחֲלִיצָה מִן הַטַּעַם שֶׁזָּכַרְנוּ בְּמִצְוַת יִבּוּם.
From the laws of the commandment is that which they, may their memory be blessed, said (Yevamot 17b), “‘When brothers dwell together’ — to exclude the wife of a brother who was not in his world”; meaning that [then] she does not have an obligation of levirate marriage and not of release — for example, [if] this brother was born after his brother [that was married and had no children] died. And that which they also inferred (Yevamot 17b), “‘Brothers together’ — that are together in inheritance, to exclude brothers [born only] from the mother,” who are not obligated in levirate marriage and release. “‘And has no (ein) son’ — look into (ayen) him” (Yevamot 22b). [This is] meaning to say that if the brother did have a son or daughter from any place, or the son of a son or the son of a daughter or the daughter of a daughter or any one that came out from his “thigh” — there is no commandment of levirate marriage or release there, for the reason that we mentioned concerning the commandment of levirate marriage.
וְזֶהוּ סֵדֶר חֲלִיצָה, כְּמוֹ שֶׁלְּמַדְנוּהוּ מִדִּבְרֵי רַבּוֹתֵינוּ זִכְרוֹנָם לִבְרָכָה בַּגְּמָרָא (פרק מצות חליצה), וְכֵן נָהוּג הַיּוֹם. יִבְרְרוּ שְׁלֹשָׁה אֲנָשִׁים שֶׁיּוֹדְעִים לְהַקְרוֹת הַיָּבָם וְהַיְּבָמָה מָה שֶׁחַיָּבִים לִקְרוֹת, וְהֵם הַנִּקְרָאִים דַּיָּנִים, וְיוֹסִיפוּ עוֹד עִמָּהֶם, כְּדֵי שֶׁיְּהוּ חֲמִשָּׁה, כְּדֵי לְפִרְסוּמֵי מִלְּתָא, אוֹ עַד עֲשָׂרָה (שם קא ב), וְכֵן נָהֲגוּ הָעָם. וְיִזָּהֲרוּ (שם קד, א) הַחֲמִשָּׁה דַּיָּנִים, שֶׁלֹּא יְהוּ קְרוֹבִים זֶה לָזֶה, וְלֹא לַיָּבָם וְלַיְּבָמָה, וְיֹאמְרוּ זֶה לָזֶה נֵלֵךְ לְמָקוֹם פְּלוֹנִי, וְנִקְבַּע מָקוֹם לַחֲלִיצָה שֶׁל פְּלוֹנִית, כִּי כֵן אָמַר רָבָא (שם קא, ב), צְרִיכִי דַּיָּנֵי לְמִקְבַּע דֻּכְתָּא, וְיֵלְכוּ שָׁם וְיֵשְׁבוּ הַדַּיָּנִין, וְהַיָּבָם וְהַיְּבָמָה יַעַמְדוּ כְּמוֹ בְּדִין, שֶׁהַדַּיָּנִין בִּישִׁיבָה, וּבַעֲלֵי הַדִּין בַּעֲמִידָה, וּבָזֶה אֵין עִכּוּבָא, שֶׁאִם עָשׂוּ בִּישִׁיבָה אֵין חֲלִיצָתָן פְּסוּלָה בְּכָךְ, וְאַחַר כָּךְ יִשְׁאֲלוּ הַדַּיָּנִין אִם הַיָּבָם הוּא גָּדוֹל בֶּן שְׁלֹשׁ עֶשְׂרֵה שָׁנָה וְיוֹם אֶחָד וְשֶׁהֵבִיא שְׁתֵּי שְׂעָרוֹת, וְיֵדְעוּ גַּם כֵּן בְּבֵרוּר אִם זֹאת הָאִשָּׁה הַחוֹלֶצֶת הִיא אֵשֶׁת הַמֵּת אָחִיו שֶׁל זֶה הַחוֹלֵץ, כִּדְאָמַר רָבָא, אֵין חוֹלְצִין, אֶלָּא אִם כֵּן מַכִּירִין (שם קו, א). וּכְשֶׁיֵּדְעוּ כָּל זֶה בְּוַדַּאי וְיִתְבָּרֵר לָהֶם הַדָּבָר, יִשְׁאֲלוּ גַּם כֵּן עַל הָאִשָּׁה אִם אָכְלָה אוֹתוֹ הַיּוֹם, וְאִם אָכְלָה אֵין חוֹלְצִין אוֹתָהּ בְּאוֹתוֹ הַיּוֹם, חוֹשְׁשִׁין שֶׁמָּא אָכְלָה דְּבָרִים הַמְּבִיאִין אוֹתָהּ לִידֵי רְקִיקָה, וּבָעֵינַן רְקִיקָה מֵעַצְמָהּ, כִּדְאָמַר רָבָא (שם ב), אָכְלָה תּוּמָא וְרָקְקָה, אָכְלָה גַּרְגַּשְׁתָּא וְרָקְקָה לֹא כְּלוּם הוּא, וְיָרְקָה מֵעַצְמָהּ בָּעֵינַן וְלֵיכָּא. מִיהוּ אֵין דָּבָר זֶה מְעַכֵּב, וְאִם חָלְצוּ בְּעִנְיָן זֶה חֲלִיצָתָן כְּשֵׁרָה בְּדִיעֲבַד, שֶׁהֲרֵי רְקִיקָה עַצְמָהּ אֵינָהּ מְעַכֶּבֶת.
And this is the order of the release (chalitsah) as we have learned it from our Rabbis, may their memory be blessed, in the Gemara (Chapter 12 of Yevamot — Mitzvat Chalitsah) — and so is it practiced today: Three men are chosen that know how to read what they are obligated to read to the levirate husband and the levirate wife — and they are called judges. And they add to them [two] others with them, so that there be five to publicize the matter — or [even] up to ten (Yevamot 101b); and such is the practice of the people. And the five judges are careful (Yevamot 104a) that they not be related to each other or to the levirate husband or the levirate wife. And [then] they say to each other, “Let us go to place x, and set a place for the release of y” — since so did Rava say (Yevamot 101b), “The judges have to set a place.” And they [all] go there and the judges sit and the levirate husband and the levirate wife stand — as if in judgment, wherein the judges are sitting and the litigants are standing. And there is no impediment in this — such that if they did it [with the levirate husband and the levirate wife] sitting, the release is not disqualified by this. And afterwards, the judges ask the levirate husband if he is thirteen years and a day old and has produced two [pubic] hairs, and they also find out clearly that the woman being released is the wife of the dead brother of this releaser — as Rava said (Yevamot 106a), “We do not release if we do not recognize.” And when they know all of this with certainty and the matter is clear to them, they also ask the woman if she ate that day. And if she ate, we do not release on that day, [as] we are concerned lest she ate things that bring her to spitting; and we need the spitting to be from her — as Rava said (Yevamot 106b), “[If] she ate garlic and spit, [or] if she ate a clod of dirt and spit, it is nothing; ‘and she spits’ — we need it to be from her and [this] is not.” Nonetheless, this thing does not impede [it], and if they released her in this way, their release is fit, ex post facto — as behold, the spitting being from her does not impede [it].
וְאַחַר כָּךְ, אִם רוֹאִים בֵּית דִּין שֶׁהַיָּבָם וְהַיְּבָמָה הֲגוּנִים זֶה לְזֶה (שם קו ב) יִפְתְּחוּ לוֹ בְּיִבּוּם וְיֹאמְרוּ לוֹ, אִי נִיחָא לָךְ לְיַבּוֹמֵי יַבֵּם, וְאִי לָאו חֲלֹץ. וְאִם חָפֵץ לַחְלֹץ יִקַּח לוֹ סַנְדָּל שֶׁכֻּלּוֹ שֶׁל עוֹר, אוֹ מִנְעָל בְּמָקוֹם שֶׁאֵין סַנְדָּל, שֶׁכְּבָר נָהֲגוּ בּוֹ כָּל הָעָם (שם קב א), וְיִזָּהֵר שֶׁיִּהְיֶה תָּפוּר כֻּלּוֹ מֵעוֹר (שם ב), וְשֶׁלֹּא יְהֵא גָּדוֹל בְּיוֹתֵר אֶלָּא בֵּינוֹנִי כְּדֵי שֶׁיּוּכַל לְהַלֵּךְ בּוֹ, וְגַם לֹא יוֹתֵר קָטָן, אֶלָּא יְהֵא חוֹפֶה מִכָּל מָקוֹם אֶת רֹב רַגְלוֹ. וְצָרִיךְ לְכַתְּחִלָּה שֶׁיַּחְלֹץ בְּמִנְעָל שֶׁלּוֹ וּבְמִנְעָל שֶׁל יָמִין, מִיהוּ בְּדִיעֲבַד אֵין דָּבָר זֶה מְעַכֵּב. וְיִהְיוּ שְׁתֵּי רְצוּעוֹת שֶׁל עוֹר אוֹ שֶׁל שֵׂעָר תְּפוּרוֹת בַּמִּנְעָל (שם קז ב), וְיִהְיוּ גְּדוֹלוֹת כְּדֵי שֶׁיּוּכַל לִכְרֹךְ אוֹתָן סְבִיב הָרֶגֶל, וְיִתֵּן הַמִּנְעָל בְּרַגְלוֹ הַיְּמָנִית, וְהוּא יָחֵף וְלֹא עִם בָּתֵּי שׁוֹקַיִם, כְּדֵי שֶׁלֹּא יִהְיֶה מֵעַל דְּמֵעַל, וְאִם חָלַץ בַּשְּׂמֹאל חֲלִיצָתוֹ פְּסוּלָה (שם קד א), וְיִזָּהֵר שֶׁלֹּא יִהְיֶה הַמִּנְעָל אָרוֹךְ כָּל כָּךְ, שֶׁיַּעֲלֶה לְמַעְלָה מִן הָאַרְכֻּבָּה, שֶׁזֶּה גַּם כֵּן הוּא מֵעַל דְּמֵעַל. אֲבָל לְמַטָּה מִן הָאַרְכֻּבָּה אֵינוֹ וַדַּאי מֵעַל דְּמֵעַל, וְאַחַר כָּךְ יִכְרֹךְ הָרְצוּעוֹת סָבִיב רַגְלוֹ, וְיִקְשֹׁר אוֹתָן שְׁנֵי קְשָׁרִים. וְיַעֲמֹד הַיָּבָם אֵצֶל הַכֹּתֶל אוֹ אֵצֶל עַמּוּד וְיִדְחֹס רַגְלוֹ בָּאָרֶץ, כִּדְאָמַר אָמֵימָר הַאי מַאן דְּחָלֵץ צָרִיךְ לְמִדְחֲסֵהּ לְכַרְעֵהּ (שם קג, א).
And afterwards, if the court sees that the levirate husband and the levirate wife are [legally] fit for one another, they start with the levirate husband (Yevamot 106b) and say to him, “If it is pleasing to you to perform levirate marriage, perform [it] — and, if not, release [her].” And if he wants to release her, he takes a hard sandal that is all leather, or a soft sandal, since all of the people have already become accustomed to it (Yevamot 102a). And he should be careful that it all be stitched with leather (Yevamot 102b), and that it not be exceedingly large, but rather medium — so that he can walk with it — and also not too small, but rather it should at least cover the majority of his foot. And, from the outset, he should release [her] with his shoe and it [should be] the right shoe; however, ex post facto, this does not impede [it]. And there should be two straps of leather or of hair sewn into the shoe (Yevamot 107b), and they should be big enough to wrap it around his foot. And he should put the shoe on his right foot; and he [should be otherwise] barefoot and not with stockings, so that it is not “upon that which is ‘upon.’” And if he released [her] with the left foot, his release is disqualified (Yevamot 104a). And he should be careful that the shoe not be so tall that it goes over his knee — as this is also “upon that which is ‘upon.’” But [if it is] below the knee, it is certainly not “upon that which is ‘upon.’” And afterwards, he ties the straps around his foot, and he ties two knots. And the levirate husband stands next to the wall or next to a post and presses his foot onto the ground — as Amimar says, “That one that releases needs to press his foot” (Yevamot 103a).
וְאַחַר כָּךְ (שם קו ב) בֵּית דִּין מַקְרִין אֶת הַיְּבָמָה בִּלְשׁוֹן הַקֹּדֶשׁ, מִן מֵאֵן יְבָמִי עַד לֹא אָבָה יַבְּמִי. וְתִזָּהֵר שֶׁלֹּא תַּפְסִיק בֵּין לֹא אָבָה, אֶלָּא תִּקְרָא שְׁתֵּי תֵּבוֹת אֵלּוּ בְּבַת אַחַת בְּלֹא הֶפְסֵק, כִּי הֵיכִי דְּלָא לִשְׁתְּמַע אָבָה יַבְּמִי. וּמַקְרִין לַיָּבָם לֹא חָפַצְתִּי לְקַחְתָּהּ.
And afterwards (Yevamot 106b), the court has the levirate wife recite in the holy tongue [the relevant passage] from, “My levirate husband refuses” until “he does not want to perform levirate marriage with me.” And she should be careful not to pause between “does not” [and] “want,” but rather read these two words at one time without a pause, so that it does not sound like “want[s] to perform levirate marriage with me.” And they have the levirate husband recite, “I do not want to marry her.”
וְאַחַר כָּךְ בָּאָה הַיְּבָמָה אֵצֶל הַיָּבָם, וְנִגְּשָׁה אֵלָיו וּמַתֶּרֶת אֶת הָרְצוּעוֹת בְּלֹא סִיּוּעַ שֶׁל הַיָּבָם כְּלָל, וּמַשְׁמֶטֶת אֶת הַמִּנְעָל מֵרַגְלוֹ, וּבָזֶה גַּם כֵּן לֹא יְסַיֵּעַ הַיָּבָם כְּלָל, אֶלָּא שֶׁיַּעֲמֹד סָמוּךְ לַכֹּתֶל וְיִדְחֹס רַגְלוֹ יָפֶה בַּקַּרְקַע, וְהַכֹּל מְעֻמָּד כְּמוֹ שֶׁאָמַרְנוּ. וּלְפִי הַגְּמָרָא שֶׁלָּנוּ (שם קב א), הִיא חוֹלֶצֶת בֵּין בִּשְׂמֹאל בֵּין בְּיָמִין, שֶׁלֹּא מָצִינוּ בַּגְּמָרָא קְפִידָא עַל זֶה. אֲבָל בַּיְּרוּשַׁלְמִי (שם י"ב א) אָמְרוּ שֶׁצְּרִיכָה לַחְלֹץ בְּיָמִין, לְפִיכָךְ הַחוֹלֶצֶת תָּחוּשׁ לְעַצְמָהּ וְתַחְלֹץ לְכַתְּחִלָּה בְּיָמִין, וְאִם הִיא גִּדֶּמֶת תַּחְלֹץ בַּשְּׁנִיָּה לְכַתְּחִלָּה, כְּמוֹ שֶׁמְּפֹרָשׁ בַּגְּמָרָא (שם קה א).
And afterwards, the levirate wife comes next to the levirate husband and she approaches him and unties the straps without any assistance from the levirate husband at all. And [then] she removes the shoe from his foot — and also in this, the levirate husband does not assist at all. Rather, he stands next to the wall and presses his foot properly onto the ground. And it is all [done] standing, as we have said. And according to our Gemara (Bavli Yevamot 102a), she removes [the shoe] with either her left hand or her right hand — as we do not find an exactitude about this in the Gemara. But in Yerushalmi Yevamot 12:1, they said that she needs to remove [it] with the right hand. Hence, the [woman] should concern herself [about this] and, from the outset, remove [it] with the right. And if she has no hands, she should remove it with her teeth, [even] from the outset, and as it is explained in the Gemara (Yevamot 105a).
וְאַחַר כָּךְ וְיָרְקָה בְּפָנָיו רוֹק שֶׁהוּא נִרְאֶה לַדַּיָּנִים, כִּדְאָמַר רָבָא (שם קו, ב) צְרִיכִין דַּיָּנֵי לְמִחְזֵי רֻקָּא כִּי נָפֵק מִפֻּמַּהּ דִּיבָמָה, וּבָעֵינַן דְּמָטֵי רֻקָּא לַהֲדֵי אַפֵּהּ דְּיָבָם כִּדְאָמְרִינַן בַּגְּמָרָא, שֶׁאִם הוּא אָרֹךְ וְהִיא גּוּצָה וּקְלָטַתּוּ הָרוּחַ, קָרֵינַן בֵּהּ בְּפָנָיו, וְאִם הִיא אֲרֻכָּה וְהוּא גּוּץ וּקְלָטַתּוּ הָרוּחַ, לָא מְהַנֵּי מִידִי, דְּבָעֵינַן דְּמָטֵי עַד לַהֲדֵי אַפֵּהּ, מִיהוּ בָּתַר דִּמְטָא לַהֲדֵי אַפֵּהּ, אִי קְלָטַתּוּ הָרוּחַ לֵית לַן בַּהּ.
And afterwards “and she spits in his face” — spit that the judges can see — as Rava says (Yevamot 106b), “The judges need to see the spit that came out of the mouth of the levirate wife.” And “we need [...] that the spit reaches in front of the face of the levirate husband,” as we say in the Gemara. [It is] such that if he is tall and she is a midget and the wind caught it [upwards], we call this “in his face”; but if she is tall and he is a midget and the wind caught it [upwards], it does not help at all — as we need that it “reaches in front of the face.” However, after it “reaches in front of his face,” if the wind caught it, we have no [concern about] it.
וְאַחַר כָּךְ מַקְרִין אוֹתָהּ בֵּית דִּין בִּלְשׁוֹן הַקֹּדֶשׁ, מִן כָּכָה יֵעָשֶׂה לָאִישׁ עַד חֲלוּץ הַנָּעַל, וְאַחַר כָּךְ עוֹנִין כָּל הָעוֹמְדִים שָׁם חֲלוּץ הַנָּעַל חֲלוּץ הַנָּעַל שָׁלֹשׁ פְּעָמִים, כִּדְתַנְיָא (שם) אָמַר רַבִּי יְהוּדָה פַּעַם אַחַת הָיִינוּ יוֹשְׁבִים לִפְנֵי רַבִּי טַרְפוֹן, וּבָאת יְבָמָה לַחְלֹץ, אָמַר, עֲנוּ כֻּלְּכֶם חֲלוּץ הַנָּעַל בִּלְשׁוֹן הַקֹּדֶשׁ שָׁלֹשׁ פְּעָמִים. וְאָמְרוּ בַּגְּמָרָא (שם) אָמַר רַב יְהוּדָה אָמַר רַב מִצְוַת חֲלִיצָה קוֹרְאָה וְקוֹרֵא, חוֹלֶצֶת וְרוֹקֶקֶת וְקוֹרְאָה, מַאי קָמַשְׁמַע לַן? מַתְנִיתִין הִיא! קָמַשְׁמַע לַן מִצְוָה, וְאִי אַפֵּךְ לֵית לַן בַּהּ, וְכֵן הֲלָכָה.
And afterwards, the court has her recite in the holy tongue from, “Thus shall be done to the man” until “the unshoed one.” And afterwards, all who are standing there answer, “The unshoed one, the unshoed one,” three times. As it is taught (Yevamot 106b), “Rabbi Yehudah said, ‘One time we were sitting in front of Rabbi Tarfon, and a levirate wife came to remove [the shoe]. He said to us, “All of you answer, ‘The unshoed one,’ three times in the holy tongue.”’” And they said in the Gemara (Yevamot 106b), “Rav Yehudah said that Rav said, ‘The commandment of release is [that] she reads and he reads, she removes and spits and reads.’ What [novelty] do we infer — it is [already in] our mishnah? We infer that [this is only] a mitzvah (an ideal fulfillment of the commandment), and if [the order] is reversed, we have no [concern about] it.” And so is the law.
וְאַחַר שֶׁחָלְצָה בְּבֵית דִּין כָּרָאוּי, בֵּית דִּין כּוֹתְבִין לָהּ גֵּט חֲלִיצָה, כְּדֵי שֶׁתִּנָּשֵׂא בּוֹ לַשּׁוּק. וְכָתַב הָרַב אַלְפָסִי זִכְרוֹנוֹ לִבְרָכָה בְּהִלְכוֹתָיו (יבמות לה ב מדפי הרי"ף), וְזֶה לְשׁוֹנוֹ וְכֵן כְּתָב גֵּט חֲלִיצָה צָרִיךְ לְסַרְגּוֹלֵהּ בִּמְסַרְגּוֹלָא וְלָא בִּדְיוֹתָא, וְצָרִיךְ לְמִכְתַּב בְּמוֹתַב תְּלָתָא כַּחֲדָא הֲוֵינָא, וּמִחְתַּם עֲלֵהּ תְּלָתָא וּבִלְבַד שֶׁיּוֹדְעִין לְהַקְרוֹת.
And after she removes [the shoe] in court as is fitting, the court writes her a contract of release, so that she can get married to [anyone in] the marketplace with it. And Rabbi Alfasi, may his memory be blessed, wrote in his Laws (Rif Yevamot 35b in his pagination) and this is his language: “And so the writing of the release contract has to be lined with lines and not [written] with [inferior] ink, and he needs to write, ‘In the place of the sitting of three as one,’ and the three sign it, and [that is] only if they know how to read it to others.”
וְדֵין הוּא גֵּט חֲלִיצָה: בְּיוֹם פְּלוֹנִי דְּהוּא יוֹם כְּדֵין לִירַח פְּלוֹנִי דְּהוּא כְּדֵין לִבְרִיאַת הָעוֹלָם לְמִנְיָנָא דִּרְגִילְנָא בְּמָתָא פְּלוֹנִית, אֲנַחְנָא דַּיָּנֵי, דְּמִקְצָתָנָא חֲתִימִין לְתַתָּא בְּמוֹתַב תְּלָתָא כַּחֲדָא הֲוֵינָא בְּבֵי דִינָא, וּסְלִיקַת קֳדָמַנָא פְּלוֹנִית בַּת פְּלוֹנִי, אַרְמַלְתָּא דִּפְלוֹנִי, וְהַקְרִיבַת קֳדָמַנָא גַּבְרָא חַד דִּשְׁמֵהּ פְּלוֹנִי בַּר פְּלוֹנִי, וְכֵן אָמְרָה לַנָא פְּלוֹנִית דָּא, פְּלוֹנִי בַּר פְּלוֹנִי אֲחוּהִי דִּפְלוֹנִי בַּר פְּלוֹנִי מֵאֲבוּהּ, הֲוֵינָא נְסִיבְנָא לֵהּ וּשְׁכֵיב, וְחַיֵּי לְרַבָּנָן וּלְכָל יִשְׂרָאֵל שְׁבַק, וּבַר וּבְרַת יָרֵית וּמוֹחֲסִין וּמוֹקֵי שְׁמָא בְּיִשְׂרָאֵל לָא שְׁבַק, וְהָדֵין פְּלוֹנִי, אֲחוּהִי חֲזֵי לְיַבּוֹמֵי יָתִי, כְּעַן, רַבָּנָן דַּיָּנֵי, אִמְרוּ לֵהּ אִי צָבֵי לְיַבּוֹמֵי יָתִי יְיַבֵּם, וְאִי לָא לִטְּלַע לִי קֳדָמֵיכוֹן רַגְלֵהּ דְּיַמִּינָא וְאֶשְׁרֵי סֵינֵהּ מֵעַל רַגְלֵהּ וְאֵרוֹק בְּאַנְפּוֹהִי, וְאִשְׁתְּמוֹדַעְנוּהִי לִפְלוֹנִי דְּנָא דַּאֲחוּהִי דִּפְלוֹנִי מֵאֲבוּהּ הוּא, וַאֲמַרְנָא לֵהּ, אִי צָבֵית לְיַבּוֹמֵי יָתַהּ יַבֵּם, וְאִי לָא אַטְלַע לַהּ קֳדָמָנָא רַגְלָךְ יַמִּינָא וְתִשְׁרֵי סֵינָךְ מֵעַל רַגְלָךְ וְתֵרוֹק בְּאַנְפָּךְ. וְעָנִי וְאָמַר, לֵית אֲנָא צָבֵי לְיַבּוֹמֵי יָתַהּ, מִיָּד אַקְרִינוּהָ לִפְלוֹנִית דָּא מֵאֵן יְבָמִי לְהָקִים לְאָחִיו שֵׁם בְּיִשְׂרָאֵל לֹא אָבָה יַבְּמִי. וְאַף לְהַאי פְּלוֹנִי אַקְרִינָא לֵהּ לֹא חָפַצְתִּי לְקַחְתָּהּ. וְאַטְלַע לַהּ רַגְלֵהּ דְּיַמִּינָא וּשְׁרָת סֵינֵהּ מֵעַל רַגְלֵהּ וְרַקַּת בְּאַנְפּוֹהִי רֻקָּא דְּאִתְחֲזֵי לָנָא מִן פֻּמָּא עַל אַרְעָא, וְתוּב אַקְרִינוּהָ לִפְלָנִיתָא דָּא כָּכָה יֵעָשֶׂה לָאִישׁ אֲשֶׁר לֹא יִבְנֶה אֶת בֵּית אָחִיו. וְתוּב אַקְרִינוּהָ וְנִקְרָא שְׁמוֹ בְּיִשְׂרָאֵל בֵּית חֲלוּץ הַנָּעַל. וַאֲנַחְנָא דַּיָּנֵי וְכָל דַּהֲווֹ יָתְבִין תַּמָּן עֲנֵינָא בָּתְרַהּ חֲלוּץ הַנָּעַל תְּלָתָא זִמְנֵי. וּמִדְּאִתְעֲבֵד עוֹבָדָא דְּנָא קֳדָמַנָא, שְׁרִינוּהָ לִפְלָנִיתָא דָּא לִמְהָךְ לְהִתְנְסָבָא לְכָל גְּבַר דְּתִצְבֵּי, וֶאֱנָשׁ לֹא יִמְחֶה בִּידַהּ מִן יוֹמָא דְּנָן וּלְעָלַם. וּבָעֵית מִנַּנָא פְּלָנִיתָא דָּא, גִּטָּא דַּחֲלִיצוּתָא דְּנָא, וּכְתַבְנָא וַחֲתַמְנָא וִיהַבְנָא לַהּ לְזָכוּ כְּדָת מֹשֶׁה וְיִשְׂרָאֵל. וַחֲתִימִין תְּלָתָא עֲלַהּ.
And this is the contract of release: “On x day that is this number in the month x, which is this number [year] from the creation of the world, according to the number that is accustomed in the place x, we the judges, some of which are signed below, are in the sitting of three as one in the court. And x the daughter of y came down in front of us, the widow of z, and she brought close in front of us a man, whose name was b the son of c. And so did she say to us, ‘This b, the son of c, the brother — [born] from the father — of z the son of c, who married me and died and left our rabbis and all of Israel alive, but he did not leave a son or daughter that would inherit and would be related and bring out his name in Israel. And this b, his brother, is fitting to perform levirate marriage with me. And now, our rabbis, my judges, say to him, “If you want to perform levirate marriage with me, perform [it].” And, if not, let him extend his right foot in front of you, and I will untie the shoe from upon his foot and spit in his face.’ And we have ascertained it, that this b is the brother of z, [born] from the father, and we said to him, ‘If you want to perform levirate marriage with her, perform [it] — and, if not, extend your right foot to her in front of me, and she will untie your shoe from upon your foot and spit in your face.’ And he answered and said, ‘I do not want to perform levirate marriage with her.’ Immediately, I had this x recite, ‘My levirate husband refuses to establish a name in Israel for his brother; he does not want to perform levirate marriage with me.’ And also [with] this b, I had him recite, ‘I do not want to marry her.’ And he extended his right foot and she untied his shoe from upon his foot and spat in his face — spit that was visible to us from her mouth to the ground. And again, I made this x recite, ‘Thus shall be done to the man who will not build up his brother’s house!’ And again I had her recite, ‘And he shall go in Israel by the name of the family of the unshoed one.’ And we, the judges, and all who were sitting there, answered after her, ‘the unshoed one,’ three times. And once this event happened in front of us, we have permitted this x to go and marry any man she wants, and no one should protest against her [for that], from this day and forever. And this x requested this contract of release, and I have written it and signed it and given it to her to own, like the law of Moshe and Israel. And three [judges] sign on it.”
וְיֶתֶר פְּרָטֵי הַמִּצְוָה, מְבֹאָרִים בַּמַּסֶּכְתָּא הַמְּחֻבֶּרֶת עַל מִצְוַת יִבּוּם וַחֲלִיצָה, וְהִיא מַסֶּכֶת יְבָמוֹת, וּמִפְּנֵי כֵן נִקְרֵאת "יְבָמוֹת" וְלֹא חֲלִיצוֹת, מִפְּנֵי שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה (שם לט ב) מִצְוַת יִבּוּם קוֹדֶמֶת לְמִצְוַת חֲלִיצָה.
And the rest of the details of this commandment are elucidated in the tractate connected to the laws of levirate marriage and release, and that is Tractate Yevamot. And for this, is it called Yevamot (levirate marriages) and not Chalitsot (releases) — because they, may their memory be blessed, said (Yevamot 39b), “The commandment of levirate marriage precedes the commandment of release.”
וְנוֹהֶגֶת בְּכָל מָקוֹם וּבְכָל זְמַן בִּזְכָרִים. וְהָעוֹבֵר עַל זֶה וְלֹא רָצָה לְיַבֵּם יְבִמְתּוֹ וְלֹא לַחְלֹץ בְּרֹעַ לְבָבוֹ, בִּטֵּל עֲשֵׂה זֶה.
And it is practiced in every place and at all times by males. And one who transgresses this and does not want to perform levirate marriage with his levirate wife nor to release her, because of the evil of his heart, has violated this positive commandment.