Kiddushin, Daf Yod Daled, Part 2

 

Introduction

How do we know that a woman who undergoes halitzah is free to marry whomever she wants? Again, this is something the rabbis know and is not really under debate. The rabbis just want to know how we know this.

 

בחליצה : מנלן דכתיב (דברים כה, י) ונקרא שמו בישראל בית חלוץ הנעל כיון שחלץ בה נעל הותרה לכל ישראל

 

[And acquires her freedom] by halitzah. From where do we know this? As it is written: And his name shall be called in Israel, The house of him that had his shoe removed (Deuteronomy 25:10): once he had his shoe removed by her, she is permitted to all Israel.

 

The rabbis use the word in Israel to prove that once halitzah is performed by her removal of his shoe, she is permitted to marry whomever she wants.

 

האי ישראל להכי הוא דאתא האי מיבעי ליה לכדתני רב שמואל בר יהודה בישראל בב"ד של ישראל ולא בבית דין של עובדי כוכבים

 

Does then [word] Israel come to teach this? Is it not necessary for what R. Shmuel b. Judah learned: [Halitzah must be performed] at a court of Israelites, but not at non-Jewish court.

 

The word Israel is already used up by another midrash to teach that halitzah must be performed in a court of Jews and not in front of a court of non-Jews.

 

תרי בישראל כתיבי

 

In Israel is written twice.

 

The word in Israel is written twice thus justifying its use in two midrashim.

ואכתי מיבעי ליה לכדתניא אמר רבי יהודה פעם אחת היינו יושבים לפני ר’ טרפון ובאתה יבמה לחלוץ ואמר לנו ענו כולכם ואמרו חלוץ הנעל חלוץ הנעל

ההוא מונקרא שמו נפקא :

 

Yet it is still required for what was taught: R. Judah said: We were once sitting before R. Tarfon, when a woman came to perform halitzah. He said to us: All of you respond and say, He has had his shoe loosed, he has had his shoe loosed ?

That [law] is derived from, and his name shall be called.

 

The Talmud argues that both times that the word Israel appears are needed for other midrashim. The first is, as we saw above, that the court must consist of Jews. The second is that after the shoe is removed the Jews present must respond with a declaration. So again, if both instances of the word are used up, the word in Israel is not free to derive from it that a woman who has undergone halitzah is free to remarry whomever she wants.

The Talmud answers that the obligation to answer with a declaration comes from a different part of the verse. This frees up one instance of the word Israel.