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Home -- Content: Series 7 (Laws) -- Translation: English -- Book: 1 (Tora) -- Part: 1 (Positive) -- Command: 217 -- Text
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The Sharia of Moses in the TORA
Part 1 - The 248 Positive Commandments of the Tora

217 - CHALITZAH


Deuteronomy 25:7-10 -- 7 “But if the man does not want to take his brother's wife, then let his brother's wife go up to the gate to the elders, and say, 'My husband's brother refuses to raise up a name to his brother in Israel; he will not perform the duty of my husband's brother.' 8 "Then the elders of his city shall call him and speak to him; and if he stands firm and says, 'I do not want to take her,' 9 "then his brother's wife shall come to him in the presence of the elders, remove his sandal from his foot, spit in his face, and answer and say, 'So shall it be done to the man who will not build up his brother's house.' 10 "And his name shall be called in Israel, 'The house of him who had his sandal removed.’”

The commandments appertaining to Levirate Marriage and Chalitzah are obligatory only in the case of one who was alive at the time of the decease of his brother, and do not apply to one born after the death of the latter. Further, both brothers must have the same father. If both these conditions are not fulfilled, a childless widow is free to marry, as she is also if any descendant whatever – a son, daughter, grandson, granddaughter, great-grandson, etc. – has been left by the deceased.*

* Mishneh Torah, Nashim, Hilchoth Yibum Ve-Chalitzah I, 3, 6, 7

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