Levirate Marriage and the Family in Ancient Judaism

Levirate Marriage and the Family

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when levirate marriage is not possible, halitza is the only acceptable re-
sponse to the levirate bond.^48
The Mishnah’s discussion of the halitza ceremony focuses on the
three steps of the ritual: removing the sandal, spitting, and reciting the
appropriate formula. Mishnah Yevamot : states:

If she removes [his sandal] and spits, but does not recite, her halitza

is valid. If she recites and spits, but does not remove [his sandal], her

halitza is invalid. If she removes [his sandal] and recites, but does

not spit, R. Eliezer says, “Her halitza is invalid.” R. Akiba says, “Her

halitza is valid.”

This mishna suggests that only the removal of the sandal is essential
to the halitza ritual. The recital — which marks the ritual as a ritual of
shame — can be omitted without invalidating the rite. According to
Rabbi Akiba, the spitting, an act that conveys the widow’s disgust with
her brother-in-law, can also be omitted.^49
The Mishnah’s description of the halitza ritual diminishes the sense
that the ritual is intended to shame the levir. Deuteronomy describes a
case in which the widow appears before the elders to complain about
her brother-in-law; the elders then summon the levir. The Mishnah re-
ports, “He and his sister-in-law come to the court,” implying that the le-
vir has chosen halitza. The court then “offers him advice that is suitable
for him”; the verse “They summon him and talk to him” is understood to
be judicial consultation rather than an attempt to pressure the brother-
in-law into levirate.
The advice proffered by the court has nothing to do with the deceased
and the preservation of his name. The court’s advice to the levir focuses
wholly on his needs; it is “advice that is suitable for him.” According to
the Bavli:

If he is young and she is old, or he is old and she is young, they say

to him, “What do you want with a young woman? [Or], what do you

want with an old woman? Go find a woman like you [in age] rather

than bringing conflict into your house.” 50

This advice supports the argument that the focus of levirate has shifted
from the claims of the dead on the living to the desires of the living. The
court makes no attempt to urge the levir to honor his brother’s claim