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|YEVAMOS 102 (23 Teves) - Dedicated in memory of Nachum ben Reb Shlomo Dovid (Mosenkis) Z"L, who passed away on 23 Teves 5700, and his wife, Rivkah bas Reb Avraham Leib, who passed away on 15 Adar 5764, by their son and daughter-in-law, Sid and Sylvia Mosenkis of Queens, NY.|
A Ger may be a judge for his fellow Ger, but not for a Yisrael, unless his mother is a Yisraelis. (1)
If Eliyahu ha'Navi would come and tell us that we may not use a Sandal for Chalitzah, we would not listen to him, because the Minhag is to do Chalitzah with a Sandal. (2)
The Tana'im disagree about whether it is permissible l'Chatchilah to do Chalitzah with a Min'al.
The opinion that it is forbidden l'Chatchilah to do Chalitzah with a Min'al maintains that there is a Gezeirah that the Chalitzah might be done with a torn shoe or a half shoe.
The Yevamah must take off the shoe from at least the majority of the heel.
Rebbi Yanai: The Yevamah must untie the shoe and take it off the foot of the Yavam.
The Gemara asks whether ripping or burning the shoe off is a valid Chalitzah, and it leaves the question unresolved.
If the Yavam is wearing two shoes and the Yevamah takes off the top one, it is not a valid Chalitzah.
When a Yevamah grew up with the brothers, we are not concerned for the possibility that at one point she removed the shoe of one of them.
Chalitzah requires Kavanah from both the Yavam and the Yevamah. (3)
A shoe sewn with linen is invalid for Chalitzah.
The Kohen who is Torem the Lishkah may not enter the Beis ha'Mikdash with hemmed clothing or with a cloth shoe. (4)
One may not walk around on Yom Kippur wearing a shoe, sandal, or any other type of leather footwear.
One is permitted to wear cloth footwear on Yom Kippur.
A BIT MORE
1. However, only one whose father and mother are from Yisrael may be a judge for Chalitzah.
2. However, Rabah says that if Eliyahu would tell us that we may do Chalitzah with a Min'al, we would listen to him. Rav Yosef says that if he would tell us that we cannot do Chalitzah with a Min'al, we would listen to him.
3. According to one opinion, Kavanah is required to allow her to remarry. However, even without Kavanah, she is forbidden to the other brothers.
4. This is so that people will not suspect that he is taking money and hiding it in his clothing.
CHALITZAH WITHOUT KAVANAH
The Gemara says that according to the opinion that Chalitzah without Kavanah prohibits her to the brothers, this applies only to the act of the removal of the shoe. Since it involves an act on her part, she is forbidden mid'Rabanan to the brothers because of Mar'is ha'Ayin. However, if she spits in front of the Yavam without Kavanah, she is not prohibited to the Yavam. If that was not the case, then every Yevamah who grew up with the brothers would be forbidden to the Yavam, because it is impossible that she did not spit at least once in front of them. (Nimukei Yosef)
THE SHOE USED FOR CHALITZAH
The shoe used for Chalitzah must be made completely from leather. Therefore, l'Chatchilah it must be sewn with leather threads. Some say that even b'Di'eved it is Pasul if it is not sewn with leather threads, while others say that nowadays, when all of our shoes are sewn with linen, the shoe used for Chalitzah also must be sewn with linen. The straps of the shoe do not have to be from leather. Some say that they must be from leather. The Minhag follows the latter opinion. (Shulchan Aruch EH 169:15)
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