abstract
| - Under the Biblical system of levirate marriage known as Yibbum, Halizah (or Chalitzah ; Hebrew: חליצה) is the ceremony by which a widow and her husband's brother could avoid the duty to marry after the husband's death. The ceremony 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 need perform the ceremony. The old custom of the levirate marriage (Gen. 38:8) is thus modified in the Deuteronomic code, by permitting the surviving brother to refuse to marry his brother's widow, provided he submits to the ceremony of Halizah (see Levirate; Yebamah). In the Talmudic period the tendency against the original custom 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, and in the ceremonies of halizah, the presumption is that the brother-in-law brings disgrace upon himself and upon his family by refusing to marry his brother's widow.
|