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Deuteronomy 25:9 - Shame for refusing levirate duty?

Deuteronomy 25:9 - דברים 25:9

Hebrew Text

וְנִגְּשָׁה יְבִמְתּוֹ אֵלָיו לְעֵינֵי הַזְּקֵנִים וְחָלְצָה נַעֲלוֹ מֵעַל רַגְלוֹ וְיָרְקָה בְּפָנָיו וְעָנְתָה וְאָמְרָה כָּכָה יֵעָשֶׂה לָאִישׁ אֲשֶׁר לֹא־יִבְנֶה אֶת־בֵּית אָחִיו

English Translation

then shall his brother’s wife approach him in the presence of the elders, and loose his shoe from off his foot, and spit in his face, and shall answer and say, Thus shall it be done to that man that will not build up his brother’s house.

Transliteration

Venigsha yevimto elav le'enei hazkenim vechaltsa na'alo me'al raglo veyarka befanav ve'anta ve'amra kacha ye'aseh la'ish asher lo-yivneh et-beit achiv

Hebrew Leining Text

וְנִגְּשָׁ֨ה יְבִמְתּ֣וֹ אֵלָיו֮ לְעֵינֵ֣י הַזְּקֵנִים֒ וְחָלְצָ֤ה נַעֲלוֹ֙ מֵעַ֣ל רַגְל֔וֹ וְיָרְקָ֖ה בְּפָנָ֑יו וְעָֽנְתָה֙ וְאָ֣מְרָ֔ה כָּ֚כָה יֵעָשֶׂ֣ה לָאִ֔ישׁ אֲשֶׁ֥ר לֹא־יִבְנֶ֖ה אֶת־בֵּ֥ית אָחִֽיו׃
וְנִגְּשָׁ֨ה יְבִמְתּ֣וֹ אֵלָיו֮ לְעֵינֵ֣י הַזְּקֵנִים֒ וְחָלְצָ֤ה נַעֲלוֹ֙ מֵעַ֣ל רַגְל֔וֹ וְיָרְקָ֖ה בְּפָנָ֑יו וְעָֽנְתָה֙ וְאָ֣מְרָ֔ה כָּ֚כָה יֵעָשֶׂ֣ה לָאִ֔ישׁ אֲשֶׁ֥ר לֹא־יִבְנֶ֖ה אֶת־בֵּ֥ית אָחִֽיו׃

🎵 Listen to leining

Parasha Commentary

The Mitzvah of Yibum and Chalitzah

The verse describes the procedure of chalitzah (removing the shoe), which occurs when a man refuses to perform yibum (levirate marriage) with his deceased brother’s wife. According to the Torah (Devarim 25:5-10), if a man dies childless, his brother is obligated to marry the widow to perpetuate the deceased’s name. If he refuses, the widow performs chalitzah, publicly humiliating him for neglecting this mitzvah.

Symbolism of the Shoe Removal

Rashi (Devarim 25:9) explains that removing the shoe symbolizes the man’s failure to "establish a foothold" for his brother’s legacy. The shoe represents possession and inheritance (as seen in Ruth 4:7-8), and its removal signifies that the brother forfeits his familial duty. The Talmud (Yevamot 104a) further elaborates that this act serves as a public declaration of his refusal to uphold his brother’s lineage.

The Spitting and Public Declaration

The spitting (veyarkah b’fanav) is not literal saliva, as the Gemara (Yevamot 106b) clarifies, but rather a symbolic gesture of contempt performed in front of the elders. The Mishnah (Yevamot 12:6) states that the spitting must be visible to the court but not physically on the man’s face. The widow’s proclamation (kocha ya’aseh) serves as a lasting censure, ensuring the community remembers his neglect of this sacred obligation.

Halachic and Ethical Implications

  • Rambam (Hilchos Yibum 1:1) emphasizes that while yibum is preferred, chalitzah is permitted if the brother cannot fulfill the mitzvah properly.
  • Sefer HaChinuch (Mitzvah 598) explains that this ritual reinforces the importance of family continuity and the severity of abandoning one’s responsibilities.
  • Midrash Tanchuma (Ki Teitzei 2) teaches that the public nature of chalitzah serves as a deterrent, ensuring others do not neglect their duties lightly.

Historical Context

The practice of yibum and chalitzah was more common in ancient times when tribal lineage was crucial for inheritance and land rights. The Talmud (Bava Basra 109b) discusses its relevance in preserving family estates. Today, Ashkenazi practice universally requires chalitzah due to rabbinic decrees (Tosafos, Yevamot 39b), while some Sephardic communities still consider yibum in rare cases.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Yevamot 104a
The verse is discussed in the context of the laws of yibbum (levirate marriage) and chalitzah (the ceremony releasing the brother-in-law from this obligation). The Talmud analyzes the procedure described in the verse and its halachic implications.
📖 Sotah 25b
The verse is referenced in a discussion about the humiliation involved in the chalitzah ceremony, comparing it to other biblical instances of public shaming.

Frequently Asked Questions

Q: What is the meaning of the ritual described in Deuteronomy 25:9?
A: This verse describes the ceremony of 'chalitzah' (חליצה), which occurs when a man refuses to perform the mitzvah of 'yibbum' (levirate marriage) with his brother's widow. The widow removes his shoe, spits in his presence (not directly on him, as per Rashi), and declares that this is the consequence for one who does not build up his brother's household. This ritual publicly shames him for neglecting this Torah obligation.
Q: Why is the brother-in-law required to marry his brother's widow?
A: The Torah commands 'yibbum' (levirate marriage) to preserve the deceased brother's name and lineage (Deuteronomy 25:5-6). If the brother-in-law refuses, the 'chalitzah' ceremony (described in verse 9) releases the widow to marry someone else. The Talmud (Yevamot 24a) discusses the details of this mitzvah, emphasizing its importance in maintaining family continuity.
Q: Why does the widow remove the brother-in-law's shoe during chalitzah?
A: Removing the shoe symbolizes that the brother-in-law is relinquishing his duty to 'walk in his brother's shoes' by continuing his family line (Rashi on Deuteronomy 25:9). The Midrash (Sifrei Devarim 291) explains that the shoe represents ownership and responsibility—by removing it, he shows he is abandoning his obligation.
Q: Is the chalitzah ceremony still practiced today?
A: Yes, in Orthodox Jewish communities, if a man dies without children, his widow must either undergo yibbum (levirate marriage) or chalitzah with the brother-in-law before she can remarry. Today, chalitzah is more common than yibbum, as the Talmud (Bechorot 13a) and later halachic authorities (Rambam, Hilchos Yibbum 1:2) note the complexities involved in yibbum.
Q: What lesson can we learn from the chalitzah ceremony?
A: This teaches the importance of family responsibility and upholding the dignity of the deceased. The public nature of chalitzah (done before elders) emphasizes that neglecting this mitzvah brings shame (Talmud Yevamot 106b). It also reminds us that Torah laws prioritize kindness and continuity for those who have passed away.