Misva #599: Halisa

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.