1)

ONE TRICKED INTO DOING CHALITZAH [Chalitzah:intent]

(a)

Gemara

1.

(Beraisa): A Chalitzah Muta'as (deceived) is valid.

2.

Question: What is a Chalitzah Muta'as?

3.

Answer #1 (Reish Lakish): They tell him that Chalitzah will permit him to do Yibum.

4.

Objection (R. Yochanan - Mishnah): Whether he intended but not her, or she intended but not him, the Chalitzah is invalid unless both have intention.

5.

Answer #2 (R. Yochanan): They tell him that if he does Chalitzah she will pay him 200 Zuz (and he does not get it).

6.

Support (Beraisa): A Chalitzah Muta'as is valid. This is when they tell him that if he does Chalitzah she will pay him 200 Zuz.

7.

A case occurred in which a woman fell to an unworthy Yavam. They told him that if he does Chalitzah she will pay him 200 Zuz. R. Chiya ruled that the Chalitzah is valid.

8.

A Yavam and Yevamah came in front of R. Chiya bar Aba. R. Chiya found out that he wanted to do Yibum just to consume her money. He told him 'do Chalitzah, and then you may do Yibum.' After he did Chalitzah, R. Chiya told him that he cannot do Yibum, and he should now do a proper Chalitzah that will permit her l'Shuk.

9.

Rav Papa's wife's sister fell to an unworthy Yavam.

i.

Abaye: Do Chalitzah, and this will permit you to do Yibum.

ii.

Rav Papa: Don't you hold like R. Yochanan, who says that this is invalid? Rather, tell him to do Chalitzah on condition that she will pay him 200 Zuz.

10.

Abaye accepted this. After Chalitzah, he told her to pay the money.

11.

Rav Papa: She was just fooling him!

i.

(Beraisa): A man was fleeing jail, and the ferry was in front of him. He offered the ferryman a Dinar (a large amount) to take him across. He owes only the usual fare.

ii.

This is because he can say that he was just joking (when he offered a Dinar). Also here, she can say that she was just joking!

12.

(Beraisa): If one was tricked into doing Chalitzah, the Chalitzah is valid. If one was tricked into giving a Get, the Get is invalid. If one was forced to do Chalitzah, the Chalitzah is invalid. If one was forced to give a Get, the Get is valid.

13.

Question: What is the case (of being forced)?

i.

If he said 'I want (to do it)', a forced Chalitzah should also be valid!

ii.

If he did not say 'I want', a forced Get should also be invalid!

14.

Answer: The Beraisa means: if one was tricked into doing Chalitzah, the Chalitzah is always valid. If one was tricked into giving a Get, the Get is always invalid. If one was forced to do Chalitzah or give a Get, sometimes it is valid, sometimes not;

i.

It is valid only if he said 'I want'.

ii.

(Beraisa): "Yakriv" teaches that we force people to bring Korbanos.

iii.

Suggestion: Perhaps we force one against his will!

iv.

Rejection: "Li'Rtzono" - we force him until he says that he wants.

(b)

Rishonim

1.

The Rif (34b) brings the entire discussion, except for the case of Rav Papa's sister-in-law.

i.

Nimukei Yosef (DH Tanu) and Rashba (brought in Magid Mishneh Hilchos Yibum 4:24): Once he does a Pasul Chalitzah and it is forbidden to do Yibum, we force him to do a proper Chalitzah so she will not be an Agunah.

ii.

Source (Gra EH 169:144): If a Yevamah vowed not to benefit from her Yavam or received a Get from him, we force him to do Chalitzah (Yevamos 111b,112a).

iii.

(Nimukei Yosef, ibid): She is exempt from paying the money she promised only if it was not fitting for him to do Yibum with her, like the cases in the Gemara. Then she is Anusah, and it is like the man fleeing jail who offered a Dinar to the ferryman. If he was fitting for her she must pay. Normally one is not required to fulfill his Tanai (stipulation), e.g. one who received a gift or Get on condition that he or she will pay 200 Zuz. This is because if he or she does not pay, the gift or sale is Batel. Here, the Chalitzah is valid in any case, so the Tanai is like a work contract. When he is not fitting to do Yibum with her, he is obligated to do Chalitzah mid'Oraisa. She is like Anusah, and he does not lose, so whatever she offers is more than he deserves, so she is exempt.

2.

Rambam (Hilchos Yibum 4:24): Chalitzah Muta'as is Pasul. This is when they tell him that Chalitzah will permit him to do Yibum, or that it is a Mitzvah and it does not forbid doing Yibum. If they tricked him and told him that if he does Chalitzah she will pay him 200 Zuz, or he did Chalitzah on condition and it was not fulfilled the Chalitzah is valid, for he intended to do Chalitzah.

i.

Magid Mishneh: The Yerushalmi discusses people who told a Yavam 'the Yevamah wants to marry you normally, not through Yibum. Do Chalitzah to remove Zikah, and afterwards she will marry you.' The Rashba says that the Chalitzah is valid. Even R. Yochanan agrees, for the Yavam understood that Chalitzah permits her. He just thought that it will benefit him in another way. It seems that the Rambam disagrees. He holds that the episode was according to Reish Lakish. It is just like saying that Chalitzah will permit her to him. Perhaps it is Kosher because they told him that it uproots Zikah.

3.

Rosh (15): Even if the Yavam said 'if she pays me the Chalitzah will be Chalitzah; if not, it will not be Chalitzah' (a Tanai Kaful, i.e. he also said what will happen if the Tanai is not fulfilled), it is valid even if she does not pay. Really, no Tanai should be able to Mevatel a Ma'aseh (act), even if the Tanai was not fulfilled. We learn that a Tanai can Mevatel a Ma'aseh from the inheritance of Benei Gad and Benei Reuven. Therefore, this applies only in such a case, i.e. a Ma'aseh that could be done through a Shali'ach; Moshe commanded Yehoshua to give Ever ha'Yarden to them if they fulfill their Tanai. Chalitzah cannot be done through a Shali'ach, for she must remove his shoe "me'Al Raglo". Therefore, the Chalitzah takes effect in any case. Rashi explains that Abaye told Rav Papa's sister-in-law to pay the money, just like one must pay a hired worker. Even Abaye did not think that the Chalitzah is contingent on payment. One who acquires on condition is not required to fulfill the Tanai.

(c)

Poskim

1.

Shulchan Aruch (EH 169:50): Chalitzah Muta'as, in which they tell him that that if he does Chalitzah she will pay him 200 Zuz, is Kosher. This is even if she does not pay, and even if he made a Tanai Kaful. Even if he made a Tanai Kaful at the time of Chalitzah that she not marry, this means nothing.

i.

Source (Gra 137): The Gemara said that a Chalitzah Muta'as is valid, but a Get Muta'ah is invalid. We must say that it was a Tanai Kaful, for otherwise the Get is valid!

ii.

Bedek ha'Bayis: Why is the Chalitzah valid? He thinks that it does not permit her. If one does not intend to permit her, the Chalitzah is invalid! Perhaps here is different for he knows that Chalitzah permits, just he thinks that his Tanai forbids her.

2.

Shulchan Aruch (ibid.): Even though the Chalitzah is Kosher even if she does not pay, she is obligated to pay like anyone else who hired a worker.

i.

R. Yerucham (25:2 217:3, brought in Beis Yosef DH u'Mah she'Chosav Rabeinu): If she stipulated to give to him what is fitting for him, or if she has property of the Yavam and they told him to do Chalitzah on condition that she return it to him, the Chalitzah is valid only if she returns it. The Ramah agrees. Tosfos says that she decides whether or not she wants to fulfill the condition and make the Chalitzah valid.

ii.

Darchei Moshe (86): In a case where Chalitzah is preferred, she need not pay even the cost of his toil.

iii.

Beis Shmuel (52): If the Yavam has a wife, Chalitzah is preferred, so she need not pay. Since Poskim argue about whether Yibum or Chalitzah is preferable (165:1), the Halachah obligates him to do Chalitzah, so she should always be exempt. However, the Tur and Shulchan Aruch connote otherwise. It seems that the Yavam can say that he holds like the opinion that Yibum is preferable, therefore she must pay him.

iv.

Beis Yosef (DH Kasuv bi'Seshuvos): The Rashba says that even if she obligated herself in a document or through Kinyan (Chalifin), he cannot make her pay.

v.

Mordechai (4:24): A case occurred in which the Yavam said that she has more than her Kesuvah from the Mes. They agreed that she will return two gold coins after Chalitzah; she gave the coins to a third party b'Ma'amad Sheloshtan (a special acquisition in which one tells a Shomer to give the deposit to a third party). Afterwards she swore that she does not have her full Kesuvah, and took back the coins. I say that if she told the third party to give the coins to the Yavam after Chalitzah, she does not get them back. One cannot say 'I was joking' about something given to the recipient. Since she told the third party to give it to the Yavam afterwards, it is as if the Yavam received them. However, if she gave the coins in silence she gets them back, for she never gave them away.

3.

Shulchan Aruch (ibid.): If she does not desire him because he is not for her and he is obligated to do Chalitzah but he does not want to, and they tricked him by telling him that if he does Chalitzah she will pay him 200 Zuz, she need not pay anything. However, if she gave the money to him or a third party, she cannot retract.

i.

Taz (25): If she swore that she will pay him, she must do so.

4.

Shulchan Aruch (51): If they told him that Chalitzah will permit him to do Yibum, or that it is a Mitzvah and it does not forbid doing Yibum, it does not permit her since he did not intend to permit her. It forbids Yibum, and we force him with sticks to do a Kosher Chalitzah.

5.

Shulchan Aruch (52): If they told him 'the Yevamah does not want you through Yibum. Do Chalitzah to uproot the Zikah, and then she will have normal Nisu'in with you', some say that the Chalitzah is valid.

See also:

Other Halachos relevant to this Daf:

COMPULSION OF BEIS DIN (Rosh Hashanah 6)