Yevamot 106 - June 21, 22 Sivan

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A mistaken chalitza is valid. What is this mistaken chalitza? It is a case where he was promised that if he does chalitza with her, she will give him money, but in the end, she does not give him the money. This tactic was used to try to encourage men who were resistant to doing chalitza to go ahead with it, but in the end, the women would not have to pay the money. However, if he was told, "do chalitza and with that, you will be married to her," that is invalid. However, rabbis used this as well when the man insisted on doing yibum and the woman did not want to, they would tell him to do chalitza in order to marry her. This action would preclude him from being able to marry her (as it is chalitza l'chumra) and then he would have to do a proper chalitza. Rav Papa's sister-in-law needed chalitza and the case came before Abaye. Abaye and Rav Papa engage in a back and forth argument as to what is permitted to do in order to get him to do chalitza. In the end, Rav Papa thinks that she can commit to giving him money, but doesn't need to follow through with the payment as she can claim that she never really meant it, as is found as a legitimate claim in other cases. Abaye was jealous of Rav Papa's brilliance and caused the death of his parents with his jealously. One can also coerce a man to do chalitza as long as in the end he does it willingly, as is the case with a get.  However, if a condition is not met in a get, the get is invalid, unlike chalitza. Can you do chalitza without checking that she is the yevama and he is the yabam? And if so, then one cannot write a receipt that the ceremony was done, as they may rely on that document without properly checking that she was really the yevama and he was the yabam. If one requires the courts to check into their identity before doing chalitza, then one can write a receipt for the chalitza. The same holds true for mi'un. What are the different stages of the chalitza ceremony? Who says and does what? In what order? The order is important, but if the order was switched, it is still valid. The recitation was done by having someone say the words and the yabam and yevama would repeat after them. One needs to be careful not to take a break in between certain words so as not to give the impression that one is saying the opposite of what should be said. If, for example, one stopped after the word "no" and then continued after with the rest of the sentence, one may think the word no was part of the previous statement. Does one really need to be so careful about this? It is a subject of debate. Can you write the words from the Torah that were recited at the ceremony in the document that testifies to the fact that chalitza was performed or is there an issue with writing a section of the Torah not as part of a whole Torah? If one is not concerned with this issue and permits it to be written, one must make sure the parchment has sirtut, lines. A number of details regarding the spitting are discussed. What if the saliva blows away? What if the saliva came from food she had eaten? The saliva needs to be seen by the judges. Who needs to call out "And his name shall be called the one whose shoe was taken off" - the judges or the students who are watching? There is a tannaitic debate regarding this issue.