The Eddie B. Sitt edition, an audio series of the Talmud Bavli, specifically Daf Chet Yebamot, has been dedicated and sponsored by our dear friend Mr. Isaac Jamal and his wife in honor of his family, wishing them success and prosperity in all their endeavors. May he be zocheh to raise his children in the ways of the Torah, and may they bring him much nachat. May he be blessed with health and happiness, finding favor and kindness in the eyes of both God and man, and may we send blessings to him and his entire family. Amen.
Today's daf is being studied for the elevation of the soul of Avraham ben Esther, may the spirit of God rest upon him in the Garden of Eden, amen. Additionally, we study today for a complete healing for Sarah bat Rachel. Please, God, heal her, heal her, heal her, both in body and soul, and You, who are the Master of mercy, may it be Your will, and let us say amen.
We begin today's daf on Kuf Vav Amud Aleph, right at the top of the daf. The sages taught: a chalitza that was performed by mistake is valid. This means that a chalitza done by the yavam in error is still considered valid. The Gemara asks: What constitutes a chalitza that was done by mistake? Reish Lakish explains: any case where they tell him, "Perform the chalitza and through this you will marry her," implies that the consummation of this union will occur through the chalitza.
The Gemara continues: Rabbi Yochanan responds, "I have a braita that states: whether he intended to perform the chalitza and she did not, or she intended and he did not, the chalitza is invalid until they both have the intention for the sake of chalitza." You claim that the chalitza is valid? But he had no intention for chalitza; he thought that through this chalitza he was getting married. Therefore, how can you say that this is going to be valid?
However, the Gemara clarifies: Any case where they tell him, "Perform the chalitza on the condition that she will give you 200 zuz," this chalitza is indeed a chalitza done in error. He gives the chalitza, and then she does not have to pay him the 200 zuz. Why? Because we have a rule from Masechet Ketubot: any law that involves conditions was learned from the Torah in the story of the children of Gad and Reuven. If you recall, Moshe Rabbeinu made a condition with them: if they fight alongside the Israelites, they will inherit the land; if not, they will not receive it.
This case illustrates that conditions can only be made in situations where a shaliach would work. In the case of the children of Gad and Reuven, Yehoshua was the shaliach of Moshe to grant them the land. Therefore, since this is the paradigm example, we use it as the model. In the case of chalitza, since there is no shlichut, the yavam cannot appoint a shaliach to perform yibum or chalitza on his behalf; it must be done personally. Where shlichut does not apply, conditions also do not apply.
Thus, when the rabbis tell the man, "Make yibum and you will have an incentive of 200 zuz," he may agree, thinking the 200 zuz is worth it. He performs the chalitza with the intention of fulfilling the Torah's requirement. After doing so, the condition is void because one cannot make a condition on something that does not involve shlichut. This is the essence of a chalitza mut'et.
What is the error here? The error lies in the condition that was attached. It is a mistake, meaning they are tricking him into performing the chalitza, and he does not have to be paid. The Gemara cites Rashi on the top, stating that even if she does not pay him, the chalitza is still valid. This is because we derive from Ketubot that any condition made by Gad and Reuven is only effective if it can be fulfilled through a shaliach. Any condition that cannot be fulfilled through a shaliach, such as chalitza, is not valid.
The Gemara also relates a case where a woman fell before a yavam who was not suitable for her. The sages told him, "Perform the chalitza on the condition that you will receive 200 zuz." When this matter was brought before Rabbi Chiyya, he deemed it permissible, stating that the chalitza was valid, and the woman would not have to pay the 200 zuz because it was a case of chalitza mut'et.
Another incident involved a woman who came before Rabbi Chiyya to perform a chalitza. The Rav instructed her to stand, implying she should proceed with yibum instead of chalitza. The mother of the woman suggested it was better for her to sit than stand, meaning it was preferable for her to perform a chalitza instead of establishing a yibum. The Rav inquired if she knew something about the yavam that was concerning. She replied that he was only interested in her for financial gain.
In this scenario, the Rav told the yavam that if he was not suitable for her, he should perform the chalitza instead, and after doing so, he would be told that she was now invalidated for him. The Rav ultimately instructed them to ensure that the woman received a valid chalitza afterward, as she could not return to the marketplace without proper validation.
Continuing with the discussion, the Gemara explores cases where the yavam is forced into a chalitza. However, Rab Papa argues that even if the yavam is compelled, the chalitza is still valid. The Gemara raises the question of how this can be valid if the yavam is not willing. The Gemara clarifies that if the yavam expresses willingness, then the chalitza is valid even if initiated under duress.
The Gemara further states that if the yavam does not express willingness, then both chalitza and get are invalid. However, if he is made to say he is willing, then the chalitza is valid. The discussion continues to elaborate on the nuances of chalitza and get under various conditions.
In conclusion, the Gemara teaches that a chalitza performed with the right intention is valid, while one that is done under the wrong conditions or without proper intention is invalid. The importance of intention in the performance of mitzvot is underscored throughout the discussions, emphasizing the need for both parties to be aligned in their intentions for the chalitza to be considered valid.
Finally, the Shulchan Aruch outlines specific laws regarding chalitza, emphasizing that both the yavam and the yevamah must have the intention for the chalitza to be effective. If they do not intend for it to permit her to remarry, the chalitza is invalid, and she will require another valid chalitza to be released for marriage.