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Under the Biblical system of levirate marriage known as Yibbum, ''Halizah'' (or ''Chalitzah'' ; (ヘブライ語:חליצה)) is the process by which a widow and her husband's brother would avoid the duty to marry after the husband's death. The process 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 (). Only one brother-in-law is obligated to perform the ceremony. The mode of levirate marriage () is thus modified in the Deuteronomic code attributed to Moses, by permitting the surviving brother to refuse to marry his brother's widow, provided he submits to the ceremony of Halizah. In the Talmudic period the tendency against the original mode 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, thus making the childless widow who remarries someone other than her brother-in-law without performing the ''halizah'' ceremony an adulterer. ==The ceremony== Deuteronomy describes the ceremony simply. In the presence of town elders, the widow loosens the shoe of the brother-in-law, spits upon the ground before him, and recites a prescribed formula which scolds him for not building his brother's household. In the Talmud, however, the rabbis explained the ceremony as a more solemn and public act. The ceremony must take place before a court of three, who need not be very learned, but must at least understand Hebrew (Yevamot 101a; Shulkhan Arukh, Even ha-`Ezer, 169, 1). All those who are disqualified from testifying in legal matters are disqualified also from acting on this board of judges (Yevamot 101a). These three appoint two others to assist them, and at the service on the evening preceding the day of the ceremony they appoint a place for its performance, to give the matter more publicity. The place chosen is usually the synagogue court or the house of the rabbi, although the ceremony may take place in the house of the widow. All investigations into the concerned parties are conducted the previous day, on which both are instructed in ceremony details, and on which the "''yebamah''" (widowed sister-in-law) is not allowed to eat. The ''halizah'' should not be performed in the evening (Yevamot 104a), nor on a Sabbath or a holiday (Beitzah 36b), nor on the eve of a Sabbath or a holiday ("Terumat ha-Deshen", § 227). On the day set for the ''halizah'', immediately after the morning service, when all the people are still in the synagogue, the three judges and their two assistants, who also act as witnesses, meet at the appointed place. The three judges sit on one bench, the two assistants on a bench placed beside it; the "''yabam''" (brother-in-law) and the ''yebamah'' stand between them. Before the ceremony, a public examination establishes the relationship of the parties and their maturity. If one is a minor, a deaf-mute, a mute, or mentally handicapped, or has a crooked or turned foot, the ''halizah'' cannot be performed. The court must also know whether she is left-handed or whether he is left-footed, and must be convinced that more than ninety-one days have passed since the death of her husband (see Jewish views of marriage: Divorce; Levirate marriage). To establish these matters it is not necessary to have legally eligible witnesses. Even those who are otherwise disqualified from testifying may become witnesses. Both the ''yabam'' and the ''yebamah'' must be made aware of the fact that by this ceremony the widow becomes free to marry whomever she may desire. 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Halizah」の詳細全文を読む スポンサード リンク
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