Levirate Marriage and the Family in Ancient Judaism

(Darren Dugan) #1
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From Wife to Widow and Back Again

halitza] and he did not, halitza is invalid until both intend [to
perform halitza].” Yet you say the halitza is valid!
e. Rather, any case in which they say to him, “Perform halitza and
she will give you two hundred zuz.” {In such a case, even if she
doesn’t give him the money, the halitza is valid.}
f. There was a case of a woman who found herself with an
unsuitable levir. They said to him, “Perform halitza and she will
give you two hundred zuz.” The case came before R. Hiyya and
he validated [the halitza].
g. A man came before R. Hiyya bar Abba [regarding levirate
marriage].
h. [R. Hiyya bar Abba] said to [the widow], “My daughter, stand up.”
i. Her mother said to him, “Her sitting is her standing up.”
j. He said to her, “Do you know something about him [that
pertains to this matter]?”
k. She said to him, “Yes, he sees the money {presumably his
brother’s estate and/or her property} and wants to consume it.”
l. He said to her, “Is the matter not acceptable to you?”
m. She said to him, “No.”
n. [R. Hiyya bar Abba] said to [the levir], “Perform halitza with her
and in doing so you may marry her.”
o. After he performed halitza, [R. Hiyya bar Abba] said to him,
“Now she is unfit for you; perform a proper halitza so she can
marry anyone else.”
p. The daughter of R. Pappa’s father-in-law found herself before an
unsuitable levir.
q. He came before Abbaye. He said to him, “Perform halitza with
her and through doing so you may marry her.”
r. R. Pappa said to [Abbaye], “Does the master not accept the
teaching of R. Yohanan [at D]?”
s. [Abbaye responded], “Then what should I say to him?”
t. He said to him, “Perform halitza and she will give you two
hundred zuz.”
u. After he performed halitza, [Abbaye] said to [the widow], “Go
give him [the money].”
v. [R. Pappa] said to [Abbaye], “This is a case of ‘I was only jesting’
[and she has no legal obligation to pay him].”

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