Levirate Marriage and the Family[ ]the Palestinian preference for halitza. At the very least, Yose regards hal-
itza and levirate as equally appropriate responses to the levirate bond.
What is interesting is the Yerushalmi’s portrayal of the possible ne-
gotiations between the court and the couple. According to the Mishnah,
the choice to enter into levirate marriage or submit to halitza is the le-
v i r’s, a nd t he adv ice prof fered is “adv ice t hat is appropr iate for h i m.” T he
Yerushalmi, however, addresses both the levir and the yevama, direct-
ing its counsel at the older person in all cases. Is this simply a matter
of style, or are we to imagine that the yevama had as strong a voice in
the decision as the levir? Were the wishes of the levirate widow enough
to cause a court to “listen to her” and pressure the levir to submit to
halitza? If so, should we read this section as an expression of rabbinic
concern for women, a subtle preference on the part of Palestinian rabbis
for halitza, or an assertion of the role that sages should play in people’s
marital choices? What is clear is that the rabbis’ advice offers a struc-
tured, rabbinically controlled way for a levirate widow to voice her pref-
erences and to be heard. If anything, the Yerushalmi argues that neither
the levir nor the yevama is the proper person to decide whether levirate
marriage or halitza is preferable; that decision is best left to a dispas-
sionate judge, the court.
T he Bavl i a nd t he Yer usha l m i a lso descr ibe i nsta nces i n wh ich rabbis
tricked men into agreeing to halitza, even t houg h t he men were i ncl i ned
to perform levirate marriage. Moreover, these tricks are presented not as
reflecting the rabbis’ dislike for levirate marriage, but as ploys to assist
women who preferred not to marry their brothers-in-law. Women have
no legal right to refuse a levirate union; here rabbis support the women’s
decisions and exercise their power on behalf of powerless women:
a. Our rabbis taught: Halitza performed under a false premise is
valid.
b. What is “halitza performed under a false premise?”
c. Resh Laqish said: Any case in which they say to him, “Perform
halitza and you may marry her.’ ” {In such a case, despite the fact
that the levir is now forbidden to marry the widow, the halitza is
valid.}
d. R. Yohanan said to him: I have learned, “Whether he intended
[to perform halitza] and she did not, or she intended [to perform