Under the Biblical system of levirate marriage known as Yibbum, Halizah (or Chalitzah ; Hebrew: חליצה) is the process by which a widow and her husband's brother would avoid the duty to marry after the husband's death.
The process involves the taking off of a brother-in-law's shoe by the widow of a brother who has died childless, through which ceremony he is released from the obligation of marrying her, and she becomes free to marry whomever she desires (Deuteronomy 25:5-10).
Only one brother-in-law is obligated perform the ceremony. The mode of levirate marriage (Genesis 38:8) is thus modified in the Deuteronomic code attributed to Moses, by permitting the surviving brother to refuse to marry his brother's widow, provided he submits to the ceremony of Halizah. In the Talmudic period the tendency against the original mode was intensified by apprehension that the brother-in-law might desire to marry his brother's widow for motives other than that of "establishing a name unto his brother." Therefore, many Talmudic and later rabbis preferred halizah to actual marriage (Yevamot 39b). Thus the ancient institution of the levirate marriage fell into disuse, so that at present Halizah is the general rule and marriage the rare exception (Shulkhan Arukh, Eben ha-'Ezer, 165, and commentaries).
In theory, however, the Biblical law of levirate marriage is still presumed in force, thus making the childless widow who remarries someone other than her brother-in-law without performing the halizah ceremony an adulterer.
Deuteronomy describes the ceremony simply. In the presence of town elders, the widow loosens the shoe of the brother-in-law, spits upon the ground before him, and recites a prescribed formula which scolds him for not building his brother's household. In the Talmud, however, the rabbis explained the ceremony as a more solemn and public act. The ceremony must take place before a court of three, who need not be very learned, but must at least understand Hebrew (Yevamot 101a; Shulkhan Arukh, Even ha-`Ezer, 169, 1). All those who are disqualified from testifying in legal matters are disqualified also from acting on this board of judges (Yevamot 101a). These three appoint two others to assist them, and at the service on the evening preceding the day of the ceremony they appoint a place for its performance, to give the matter more publicity. The place chosen is usually the synagogue court or the house of the rabbi, although the ceremony may take place in the house of the widow. All investigations into the concerned parties are conducted the previous day, on which both are instructed in ceremony details, and on which the "yebamah" (widowed sister-in-law) is not allowed to eat. The halizah should not be performed in the evening (Yevamot 104a), nor on a Sabbath or a holiday (Beitzah 36b), nor on the eve of a Sabbath or a holiday ("Terumat ha-Deshen", § 227).
On the day set for the halizah, immediately after the morning service, when all the people are still in the synagogue, the three judges and their two assistants, who also act as witnesses, meet at the appointed place. The three judges sit on one bench, the two assistants on a bench placed beside it; the "yabam" (brother-in-law) and the yebamah stand between them. Before the ceremony, a public examination establishes the relationship of the parties and their maturity. If one is a minor, a deaf-mute, a mute, or mentally handicapped, or has a crooked or turned foot, the halizah cannot be performed. The court must also know whether she is left-handed or whether he is left-footed, and must be convinced that more than ninety-one days have passed since the death of her husband (see Jewish views of marriage: Divorce; Levirate marriage).
To establish these matters it is not necessary to have legally eligible witnesses. Even those who are otherwise disqualified from testifying may become witnesses. Both the yabam and the yebamah must be made aware of the fact that by this ceremony the widow becomes free to marry whomever she may desire.
The halizah shoe
After these preliminary details, and after the yabam makes a public declaration that he has not been forced by outside influence to submit to the halizah, but acts of his own free will, the ceremony commences. The shoe, which is usually the property of the community, is brought forth and examined as to cleanliness and construction, in accordance with the precepts of the law. The halizah shoe is made entirely of leather, usually from the hide of a kosher animal.
It is made of two pieces, the upper part and the sole, sewn together with leather threads. Three small straps are attached to the front of the shoe, each of which has a knot ("humrata") at the top to fit a hole made on the other side of the shoe. Two white leather straps attach to either side of the shoe, which fasten it to the leg.
The yabam must have his right foot, on which the shoe is placed, washed very scrupulously, and after he has strapped it on he must walk four cubits in the presence of the judges. Then the chief judge reads the following passage, which the yebamah repeats word for word:
- My brother-in-law refuses to raise unto his brother a name in Israel; he will not marry me
Then the yabam repeats the sentence:
- I do not wish to take her.
He then presses his right foot against the floor while she loosens the straps with her right hand and, holding his leg in her left hand, takes off the shoe and throws it some distance away. Then she places herself in front of the yabam, spits on the floor in front of him, and repeats these words after the presiding judge:
- So shall it be done unto that man who will not build up his brother's house, and his name shall be called in Israel, 'the house of him that hath his shoe loosed.
She repeats the last phrase three times and the assembly recites it three times after her. Then the yabam returns the shoe to the court, and the judges say:
- May it be the will [of God] that Jewish women be no more subjected to halizah or to yibbum.
As they rise, the chief of the judges says:
- Blessed be He who sanctified us with the commandments and statutes of Abraham our father.
All the passages recited by the yabam and by the yebamah must be read in Hebrew as they are found in the original in Deuteronomy. If the parties do not understand Hebrew the passages must be translated for them (Even ha-`Ezer, 169; "Seder Halizah" and commentaries ad loc.).
The ceremony of loosening the shoe has been explained in various ways. From the incident in the Book of Ruth (4:7–8), which certainly refers to this ancient custom, it seems the loosening of the shoe symbolized a transfer of rights, and had no stigma attached to it. Some later rabbis—Yechiel of Paris, for instance—say the removal of the shoe symbolized the entrance into a state of mourning. From the time the yabam refused to marry his brother's widow and thus perpetuate his name in Israel, the brother was considered dead, and the yebamah, by drawing off his shoe, thus declared to him that from that time on he was a mourner ("Perush Seder Halizah," 82; comp. Weill, "La Femme Juive," part iv., ch. v., Paris, 1874).
Another possibility comes from Wesley's Notes Deut 25:9 Loose his shoe - As a sign of his resignation of all his right to the woman, and to her husband's inheritance: for as the shoe was a sign of one's power and right, Psa 60:8 108:9, so the parting with the shoe was a token of the alienation of such right; and as a note of infamy, to signify that by this disingenuous action he was unworthy to be amongst free - men, and fit to be reduced to the condition of the meanest servants, who used to go barefoot, Isa 20:2,4. source Deut 25:10 His name - That is, his person, and his posterity also. So it was a lasting blot.
Also see the book of Ruth for an instance of renouncing rights to redeem the brother's land by removing one's shoe.
See also the book of Ruth (Found in the Ketubim) for a similar example of property rights being abjucated by shoe removal.
To prevent the yabam from extorting money from the widow who wishes release from the shackles of perpetual widowhood, the Rabbis established the institution of the "shetar halizah" ("halizah document"). This institution provides that at a young couple's marriage, all brothers must sign a document pledging to submit to halizah without remuneration, in case their brother dies childless ("Nahalat Shib'ah," p. 22, Warsaw, 1884). In the case of a minor brother, who could not legally sign the document, the institution of the "shetar bit'hon halizah," established by the Rabbis for such cases, had the father of the bridegroom promise to pay money to the bride if the minor son should later refuse the halizah ceremony (ib. 23; comp. "Pithe Teshubah"; Eben ha-'Ezer, 165, note 10; See Inheritance). The practice of signing these halizah documents has fallen out of currency in North America.
In Reform Judaism
The Reform view, as expressed in various treatises written by the leaders of the movement, and as adopted at the different rabbinical conferences held in Germany and in America, is that the ceremony of halizah is not essential to the remarriage of the widow. The Philadelphia Conference (1869) resolved that "The precept of levirate marriage and of halizah has lost to us all meaning, import, and binding force." The Second Israelitish Synod, held in Augsburg (1871), passed a resolution to the same effect, adding that "For the sake of liberty of conscience, however, no rabbi will refuse, on request of the parties, to conduct the ceremony of halizah in a proper form." Although rare, Orthodox Jews still observe it in all its details when the occasion requires.