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Daily Halacha Podcast - Daily Halacha By Rabbi Eli J. Mansour
It is customary to read Megillat Rut on Shabuot, and several different reasons have been given for this custom. The Mordechi (Rav Mordechai Ben Hillel, Germany, 1250-1298), in Masechet Megilla (chapter 1), as cited by the Rama (Rav Moshe Isserles of Cracow, 1525-1572) in Darkeh Moshe (494), explains that the story of Rut took place during the harvest season, around the time of Shabuot, and it is therefore appropriate to read this story on this holiday. Others explain that at the time of Matan Torah, the Jewish People underwent a process of "conversion," for, like converts, they had been obligated only in the Seven Noachide Laws, and then committed themselves to the Torah's 613 commands. (Interestingly, the Hebrew word "Gerut" has the numerical value of 620, corresponding to the 613 Biblical commands plus the seven Misvot instituted by the Sages.) Therefore, on the day we celebrate Matan Torah, we read the story of Rut, which tells of Rut's conversion and acceptance of the Misvot. Thirdly, we read Megilat Rut as a reminder that accepting the Torah includes not only our obligations toward G-d, but also our obligations to other people. The story of Rut is all about Hesed: Rut accompanied her mother-in-law, Naomi, and left her homeland to be at her side; Boaz cared for Rut when she arrived in Bet-Lehem, and then married her; Rut performed kindness for her deceased husband by allowing his soul to be perpetuated through the process of Yibum. We read this story to remind ourselves that kindness and sensitivity to other people is part and parcel of our acceptance of the Torah. Additionally, Megillat Rut is a story of remarkable "Mesirut Nefesh" – self-sacrifice. Rut was the daughter of the king of Moav, yet she was prepared to leave her life of royalty and all the amenities and luxuries it offers in order to become a Jew. This story reminds us that we need to sacrifice in order to succeed in Torah and Misvot. We cannot expect to excel in our devotion to Torah while enjoying all the comforts and luxuries that life offers. "Mesirut Nefesh" is an indispensable prerequisite for a successful Torah life. Finally, the story of Megillat Rut concludes with Rut's marriage to Boaz and the birth of their son, who ultimately became the grandfather of King David, who was born and passed away on Shabuot. It is thus appropriate to read this story on Shabuot, when we remember and reflect upon David Ha'melech.
Thursday 24 Iyar
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What happens when someone cannot afford to do Yibum but insists on it? What happens when the widow is Ashkenazic and the Yavam is Sephardic? Does it make a difference whether the rabbis are Ashkenazic or Sephardic? Should the mother/mother-in-law's opinion count? In this episode, Mr. Gedaliah Wielgus, who teaches "Shu"T al haDaf", shares with us a head-spinning responsum of the Beis Yosef (Yibum v'Chalitzah, no. 2) and how he addressed the questions listed above and much more! To listen to his previous shiurim, please click here.
Chalitza Procedure
Doubts about husband and brother-in-law's status
The Torah in Parashat Ki-Teseh (Debarim 25:7-10) commands that if someone's married brother died without children, and he chooses not to marry the widow in fulfillment of the Misva of Yibum, then he must perform a special ceremony called Halisa. Once a married man dies without children, the widow is bound to the deceased's brother (a relationship called “Zika”), such that she is not permitted to marry anybody else. The deceased's brother bears an obligation to perform Halisa to release the widow from this bond if he does not want to marry her. The Halisa ceremony involves the brother wearing a special shoe which the widow unties and removes from his foot, after which she spits in front of him. The concept underlying the Halisa ceremony is that the widow demonstrates to the brother her willingness to be subservient to him, as represented by her removing his shoe, an act which a servant would perform for a master. She was prepared to serve him if he would marry her in order to perpetuate her deceased husband's legacy. But since he has refused to marry her, she no longer gives him respect, to the extent that she now spits in his presence. This obligation applies only if the brother was born before the husband passed away. If the husband died and his parents then begot a child, the widow is not bound to this brother, since the brothers were not alive at the same time. The Misva applies only to paternal brothers, meaning, brothers who share the same father. If the deceased had only a brother from the same mother, but not a brother from the same father, then there is no Misva of Yibum in such a case. The Torah writes that Yibum or Halisa is required if a husband dies without a “son” (“U'ben En Lo”), but this refers to either a son or a daughter. If the deceased has a son or a daughter, then there is no obligation of Yibum or Halisa. If the deceased had a son or daughter who has since passed away, and has a grandchild from that son or daughter, then there is no obligation of Yibum or Halisa, since the deceased has living offspring. When Halisa is to be performed, three judges are chosen to oversee the process, which involves certain texts which both the widow and her brother-in-law must recite. In order to publicize the Halisa, an additional five Rabbis are brought to observe. Before the Halisa, the Rabbis instruct the widow and brother-in-law, “Go to such-and-such place,” as the location of the Halisa must be designated in advance. The Rabbis then ask the brother-in-law a series of questions, ascertaining that he is at least thirteen years of age, and that this woman is indeed his deceased brother's widow. The judges also ask the widow if she had eaten that day, as she should not eat anything on the day of the Halisa before the ceremony. The reason is that the woman is required to spit her own saliva, and not fluid from anything she had eaten. The shoe used for Halisa must be made from leather, and optimally should be placed on the brother's right foot. This special shoe has laces and straps tied up the brother's leg. He must wear the shoe directly on his foot, without socks, as nothing may come in between the shoe and his foot. The widow unties the shoe and removes it. The brother must keep his foot on the ground throughout the process, and may not assist at all in the untying or removal of the shoe. She then spits in front of the brother, enough for the Rabbis to see. The Rabbis of the Bet Din then announce three times, “Halutz Ha'na'al,” and write her a “Get Halisa,” a text that pronounces her release from the bond to the brother-in-law. The widow is then permitted to marry anyone she wishes. Torah law permits a woman to marry a Kohen after Halisa, as she is not considered a Gerusha (divorcee), who is forbidden from marrying a Kohen. However, the Sages enacted that a woman who has performed Halisa may not then marry a Kohen, as though she had been divorced. If the deceased's brother does not wish to marry the widow, and he refuses to perform Halisa, then he has violated this affirmative command. The Sefer Ha'hinuch writes that he is considered a “Ro'a Leb” – an “evil-hearted person,” as he keeps his widowed sister-in-law trapped and unable to marry.
The Torah commands in Parashat Ki-Teseh that if a married, childless man dies, and he has a brother, then the brother must perform “Yibum,” meaning, he must marry the widow. If he does not wish to marry her, then he performs a ceremony called Halisa, which is listed as a separate Misva. In explaining the reason behind the Misva of Yibum, the Sefer Ha'hinuch writes that when a couple marries, they are considered a single unit. This idea is rooted in the very first married couple – Adam and Hava – in that Hava was created from a part of Adam's body. This shows that a wife is, in a sense, regarded as part of the husband. Now when a husband dies without leaving behind a spiritual legacy in the form of children who inherit his devotion to serving G-d, the Torah creates a method by which the deceased husband can be considered to beget children, such that he leaves a legacy. His brother marries the widow – who is considered part of the deceased – and their children will be considered the children of the deceased. The Misvot they perform will be partially credited to the deceased, thus elevating his soul. Of course, the biological father – the deceased's brother – also shares in these merits, as he is the one who actually produces and raises the children. But in this way, the deceased can be considered to partially leave behind a spiritual legacy, and this is why the Torah introduced the concept of Yibum. The Sefer Ha'hinuch explains on this basis the story of Onan, Yehuda's second son, who married the widow of his older brother, Er, in fulfillment of the Misva of Yibum. However, although Onan married the widow, the Torah (Bereshit 38:9) tells that Onan refused to impregnate her, because he knew “Ki Lo Lo Yiheyeh Ha'zara” – “that the offspring would not be his.” The Sefer Ha'hinuch interprets this to mean that the child he would produce would not be attributed entirely to him, as he would be “sharing” this child with his deceased brother. Onan was not interested in only a partial share of the child, and so he refused to produce children with the widow. In any event, according to the Sefer Ha'hinuch, the concept underlying the Misva of Yibum is that it enables the deceased to leave a spiritual legacy here in the world through his brother's marriage to his wife. The Misva of Yibum applies regardless of whether the husband died after he married his wife, or he died after Erusin (betrothal), before the completion of the marriage. Only a paternal brother is required to perform Yibum; a brother who shares only a mother with the deceased, and not a father, is not required to marry the widow. If the deceased was married to several wives, and had no children with any of them, then one of his brothers performs Yibum or Halisa to any of the deceased's wives. The oldest surviving brother has first rights to perform Yibum, before the younger brothers. Once a brother performs Halisa, the widow may then not marry him. If the deceased also had other wives, they are also forbidden for marriage to the brother who performed Halisa, and also to all the other brothers, by force of Rabbinic enactment. Yibum should not be performed immediately after the husband's death. The brother must wait ninety days – including the day of death and the day of the Yibum – as it must first be ascertained that the widow is not pregnant with the deceased's child. If she is, then there is no Misva of Yibum, and thus the brother-in-law may not marry her. Therefore, a waiting period is required to ensure she is not pregnant before the deceased's brother marries her. If a husband died while his wife was pregnant with his only child, but she miscarried, then she requires Yibum, because the deceased did not leave any children. The deceased's brother fulfills this Misva by having relations with the widow. He fulfills the Misva even if he did not have intention at the time of the relations to fulfill the obligation. However, the Sages enacted that the brother should formally betroth the widow before having relations. This special betrothal before Yibum is referred to as a “Ma'amar.” The Misva of Yibum applies in all times and places. Even today, the brother of a childless husband who dies is required to perform Yibum, but it is customary to instead perform Halisa. If the brother performed neither Yibum nor Halisa, then he is in violation of this affirmative command.
The Torah in Parashat Ki-Seseh (Debarim 25:5) commands that when a married man dies without children, the widow may not have relations with another man until Yibum or Halisa. The term Yibum refers to the marriage of the deceased's brother to the widow, and Halisa is a ceremony which the brother and widow perform if the brother does not wish to marry her. The Torah here commands that until Yibum or Halisa is performed, the widow may not have relations with any man, as the “Zika” (Halachic link) to her brother-in-law forbids her for all other men. If the widow does have relations with another man before Yibum or Halisa, then both she and the man violate this prohibition, and are liable to Malkut. The Rambam implies that this prohibition is violated only if the widow marries another man. The Sefer Ha'hinuch, however, writes that this command forbids relations with the widow even outside the context of marriage. The Sefer Ha'hinuch explains the reason for this command in his discussion of the next Misva, the obligation upon the deceased's brother to perform Yibum.
When life throws us challenges and doesn't go the way we hoped, how do we avoid falling into despair? In Parshat Lech Lecha, Abraham and Sarah struggle with infertility, and Abraham cries out to God, “I am childless!” What is the Torah's message to Abraham on how to persevere through life's trials and tribulations?Join Rabbi David Fohrman and Ari Levisohn as they explore Abraham and Sarah's journey through difficult times and the Torah's encouraging guidance. Listen to Rabbi Fohrman's foundational course, Abraham's Journey, to dive deeper into the ideas discussed in this episode.To find a collection of videos to help deal with our challenging times, visit our website.What did you think of this episode? We'd genuinely like to hear your thoughts, questions, and feedback. Leave us a voice message – just click record, and let your thoughts flow.Into the Verse is a project of Aleph Beta, a Torah media company dedicated to spreading the joy and love of meaningful Torah learning worldwide. If you're enjoying this podcast, help support our work by subscribing to Aleph Beta.For past episodes of Into the Verse, go to our website, alephbeta.org, where a premium subscription gets you access to all of our past episodes and our full library of over 1,000 videos and podcasts on the parsha, holidays, and so much more!Follow us on your favorite social media.
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Daily Halacha Podcast - Daily Halacha By Rabbi Eli J. Mansour
It is customary to read Megillat Rut on Shabuot, and several different reasons have been given for this custom. The Mordechi (Rav Mordechai Ben Hillel, Germany, 1250-1298), in Masechet Megilla (chapter 1), as cited by the Rama (Rav Moshe Isserles of Cracow, 1525-1572) in Darkeh Moshe (494), explains that the story of Rut took place during the harvest season, around the time of Shabuot, and it is therefore appropriate to read this story on this holiday. Others explain that at the time of Matan Torah, the Jewish People underwent a process of "conversion," for, like converts, they had been obligated only in the Seven Noachide Laws, and then committed themselves to the Torah's 613 commands. (Interestingly, the Hebrew word "Gerut" has the numerical value of 620, corresponding to the 613 Biblical commands plus the seven Misvot instituted by the Sages.) Therefore, on the day we celebrate Matan Torah, we read the story of Rut, which tells of Rut's conversion and acceptance of the Misvot.Thirdly, we read Megilat Rut as a reminder that accepting the Torah includes not only our obligations toward G-d, but also our obligations to other people. The story of Rut is all about Hesed: Rut accompanied her mother-in-law, Naomi, and left her homeland to be at her side; Boaz cared for Rut when she arrived in Bet-Lehem, and then married her; Rut performed kindness for her deceased husband by allowing his soul to be perpetuated through the process of Yibum. We read this story to remind ourselves that kindness and sensitivity to other people is part and parcel of our acceptance of the Torah.Additionally, Megillat Rut is a story of remarkable "Mesirut Nefesh" – self-sacrifice. Rut was the daughter of the king of Moav, yet she was prepared to leave her life of royalty and all the amenities and luxuries it offers in order to become a Jew. This story reminds us that we need to sacrifice in order to succeed in Torah and Misvot. We cannot expect to excel in our devotion to Torah while enjoying all the comforts and luxuries that life offers. "Mesirut Nefesh" is an indispensable prerequisite for a successful Torah life.Finally, the story of Megillat Rut concludes with Rut's marriage to Boaz and the birth of their son, who ultimately became the grandfather of King David, who was born and passed away on Shabuot. It is thus appropriate to read this story on Shabuot, when we remember and reflect upon David Ha'melech.
A new mishnah: A woman waiting for yibum - can the yavam revoke this woman's vows? Which leads to the question of where the man gets the authority to revoke the vows. And the return of "ma'amar." Plus, the obligation of the yavam to the yevamah.
One of the most curious rules of the Torah is the Yibum and Chalitzah. When a married man dies without children, the widow must either marry his brother in through the Yibum process or perform a Chalitzah ceremony with the brother. A fascinating discussion about these unusual commandments.
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Daily Halacha Podcast - Daily Halacha By Rabbi Eli J. Mansour
It is customary to read Megillat Rut on Shabuot, and several different reasons have been given for this custom. The Mordechi (Rav Mordechai Ben Hillel, Germany, 1250-1298), in Masechet Megilla (chapter 1), as cited by the Rama (Rav Moshe Isserles of Cracow, 1525-1572) in Darkeh Moshe (494), explains that the story of Rut took place during the harvest season, around the time of Shabuot, and it is therefore appropriate to read this story on this holiday. Others explain that at the time of Matan Torah, the Jewish People underwent a process of "conversion," for, like converts, they had been obligated only in the Seven Noachide Laws, and then committed themselves to the Torah's 613 commands. (Interestingly, the Hebrew word "Gerut" has the numerical value of 620, corresponding to the 613 Biblical commands plus the seven Misvot instituted by the Sages.) Therefore, on the day we celebrate Matan Torah, we read the story of Rut, which tells of Rut's conversion and acceptance of the Misvot.Thirdly, we read Megilat Rut as a reminder that accepting the Torah includes not only our obligations toward G-d, but also our obligations to other people. The story of Rut is all about Hesed: Rut accompanied her mother-in-law, Naomi, and left her homeland to be at her side; Boaz cared for Rut when she arrived in Bet-Lehem, and then married her; Rut performed kindness for her deceased husband by allowing his soul to be perpetuated through the process of Yibum. We read this story to remind ourselves that kindness and sensitivity to other people is part and parcel of our acceptance of the Torah.Additionally, Megillat Rut is a story of remarkable "Mesirut Nefesh" – self-sacrifice. Rut was the daughter of the king of Moav, yet she was prepared to leave her life of royalty and all the amenities and luxuries it offers in order to become a Jew. This story reminds us that we need to sacrifice in order to succeed in Torah and Misvot. We cannot expect to excel in our devotion to Torah while enjoying all the comforts and luxuries that life offers. "Mesirut Nefesh" is an indispensable prerequisite for a successful Torah life.Finally, the story of Megillat Rut concludes with Rut's marriage to Boaz and the birth of their son, who ultimately became the grandfather of King David, who was born and passed away on Shabuot. It is thus appropriate to read this story on Shabuot, when we remember and reflect upon David Ha'melech.
Study Guide Yevamot 53 If one performed chalitza and then betrothed her, Rabbi Akiva holds the betrothal is ineffective, the rabbis hold it is effective and Rabbi Yehuda HaNasi holds that it depends on whether he betrothed her for the purposes of marriage or yibum, as betrothal for purposes of yibum is effective only because of the zika, which in this case no longer exists. After two explanations were brought for the debate between Rabbi Yehuda HaNasi and the rabbis at the end of Yevamot 52b, there are another four explanations. Each one explains the case in which they disagree a little bit differently. The Mishna had shown that if chalitza or intercourse was the first action taken, there would be nothing after that. However the language of the concluding sentence there only discussed chalitza, not intercourse. The Gemara questions this point and brings two answers. Several lines in the Mishna are compared to other tannaitic or amoraic positions in an attempt to either say our Mishna is not in accordance with that opinion or to say that it can provide support for a particular opinion. A number of these suggestions are rejected as they were based on a misreading and misunderstanding of the Mishna. Questions are also raised on parts of the Mishna that seem unnecessary. They seem to have been placed in the Mishna for stylistic purposes - to bring cases that are parallel to each other. Regarding the debate in the Mishna about intercourse - whether weakened intercourse (one that comes after maamar or get) is effective completely or not, there is a third opinion on the topic. The reasoning of each of the three opinions is explained. Yibum is effective even if any one of the sides performed it unwittingly or under duress. It is effective whether one engaged in the initial stages of intercourse or completed it. The same holds true for all cases of forbidden relations. The Gemara questions the language of the Mishna "even if he performed it unwittingly and she did it intentionally" - why the language "even"? What does it mean "under duress"?