Levirate Marriage and the Family[ ]tion, but the Tosefta suggests language remarkably similar to that em-
ployed in betrothal, defining ma’amar as the statement “Behold you are
consecrated to me” and requiring the exchange of money or a docu-
ment stating the levir’s intent to marry his sister-in-law.^58 Moreover, the
Tosefta insists that “just as betrothal does not have legal effect without
the consent of both parties, so too ma’amar does not have legal effect
w it hout t he consent of bot h pa r t ies.”^59 While sexual intercourse, without
a prior declaration and without consent, would still make the yevama
her brother-in-law’s wife, the preferred method of levirate marriage re-
quires declaration and the consent of the woman.^60
Let Me Hear Your Voice:
The Yeva ma’s Role in Levirate Marriage and Halitza
The silence and passivity of the levirate widow end at the moment her
brother-in-law opts for halitza over levirate marriage. Formerly forced to
wait for the levir’s decision, the yevama now ta kes center stage in t he rit-
ual of release. While the ritual as described in Deuteronomy is intended
to humiliate a man who refuses to do his fraternal duty, the Mishnah
offers it as an acceptable and sometimes preferred alternative to levirate
marriage. For the yevama, it may also serve as a release of tension and
frustration after months of waiting for the levir’s declaration.
The ritual, performed before three judges, has three parts: the re-
moval of the levir’s shoe, spitting in front of him, and recitation. Each of
t hese acts is per for med by t he lev i rate w idow. T he la ng uage of t he Mish-
nah reflects the active nature of the woman’s role in the ceremony.
If she performs halitza with a shoe, her halitza ritual is valid; if she
performs halitza with a cloth shoe, her halitza ritual is invalid....
If she performs halitza with a sandal that does not belong to him,
a wooden sandal, or with the left [shoe] on the right [foot], her
halitza ritual is valid. If she removes [the shoe] and spits, but does
not recite, her halitza ritual is valid. If she recites and spits, but does
not remove the shoe, her halitza ritual is invalid. If she removes the
shoe and recites, but does not spit, Rabbi Eliezer says: Her halitza
ritual is invalid. Rabbi Akiba says: Her halitza ritual is valid.^61The actions that make up the ritual of halitza are all performed by the
yevama. The verb used to describe her acts is an active verb; she “re-