תלמוד ירושלמי
תלמוד ירושלמי

פירוש על יבמות 12:1

Shulchan Arukh, Even HaEzer

A yevama (widow subject to levirate marriage) goes [to court] according to the place of the yavam (living brother of her husband), and the court advises them appropriately, whether to consummate levirate marriage or to undergo chalitza (ceremony to break levirate bond). Rama: This rule applies when the yavam is in his place of residence, and there is a court in town. But if he has traveled elsewhere, we do not force the widow to go after him (Nimukei Yosef, end of chapter Zeh Borer - Sanhedrin). Similarly if he lives among Kuthites (non-Jews) or non-educated [Jews] who do not know the rules of chalitza, the judges are not required to go after him, but can force him to come to the place of assembly (court) and he frees his yevama (Hagahot Alfasi chapter Mitzvat Chalitza - Yevamot).
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Shulchan Arukh, Even HaEzer

The mitzvah of halitzah (release from levirate marriage) is to be performed in front of three Jewish judges, who are not related to each other or to the levir (yavam) or to the woman subject to levirate marriage (yevamah). And even two married to the daughters of two brothers shouldn't be on the same court, but a second generation with a third generation is valid (Terumat Hadeshen, siman 226). And even if they are ordinary judges, as long as they know how to read out to the yavam and yevamah. And if she performed halitzah in front of ignoramuses who don't know how to read out, it is valid.
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Shulchan Arukh, Even HaEzer

[If] one of them is found to be related or invalid or a convert, [the chalitsah is] invalid. Even if his father was a convert and his mother an Israelite, [it is] invalid -- unless his father and mother are Israelites. And some say that if his father is an Israelite, [it is] valid (Tur in the name of the Great Book of Mitsvot). However, it is at any rate an invalid chalitsah to invalidate her to the brothers -- even [if done just] between him and her. Comment: Some say that it is forbidden to take pay for chalitsah, because, whoever takes pay to judge, his judgements are nullified (Ri Mintz and [?]); and so seems [correct] to me. At chalitsah ceremonies, one must be cautious that someone who takes pay not sit among the three judges who are sitting to effect the chalitsah, for we require a court that is valid according to [the law] of the Torah. See, in Choshen Mishpat chapter 9, what pay a judge is permitted to accept; but even for this, it seems to me [correct] to be strict if he takes pay for the chalitsah, because of the appearance to the eye, like we are strict about relatives and other matters regarding a court for chalitsah more than regarding another court. And I have seen and heard [cases] wherein a rabbi takes much pay for chalitsah and supports himself [in this position] on [the fact] that he sells him the sandal of chalitsah; this is a great leniency, in my view, and someone who takes care of his soul should distance himself from this. This is not similar to [the fact] that the witnesses of the bill [of divorce] take pay, for the reason I wrote above [in] chapter 130, and the rabbi who orchestrates the bill, as I wrote above in the agenda of the bill [of divorce], paragraph 4, for those reasons are not relevant to chalitsah (all this is his own view).
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Shulchan Arukh, Even HaEzer

זמין למנויי פרימיום בלבד

Shulchan Arukh, Even HaEzer

זמין למנויי פרימיום בלבד

Shulchan Arukh, Even HaEzer

זמין למנויי פרימיום בלבד

Shulchan Arukh, Even HaEzer

זמין למנויי פרימיום בלבד
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