Yevamos - Daf 106
- חליצה מוטעת כשרה
It was taught in a Baraisa: חליצה מוטעת כשרה – A mistaken chalitzah is valid. The Gemara asks what this is referring to, and after Reish Lakish’s answer is rejected, Rebbe Yochanan explains: כל שאומרים לו חלוץ לה על מנת שתתן לך מאתים זוז – Wherever they tell the yavam: Perform chalitzah with her on condition that she will give you two hundred zuz. Rashi brings the Gemara in Kesubos Daf 74a that teaches that making an act contingent on a condition is learned out from the tannai of bnei Gad and bnei Reuven. Since that act was made possible through a shaliach, referring to Yehoshua, so too the act must be possible to be carried out through a shaliach. Since chalitzah cannot be performed through a shaliach, it cannot be made conditional based on a tannai. Therefore, the chalitzah is valid even though the yevamah did not fulfill the tannai.
- Machlokes regarding how much of the chalitzah procedure is written down
The Gemara discusses how the pesukim are written in the chalitzah document given to the chalutzah. Abaye holds that since the parchment was not scored, only the beginning of each passuk could be written on it. Rashi brings the Gemara in Gittin Daf 6b that teaches that a parchment that is not scored cannot have four consecutive words written on it. Mar Zutra would score lines on the parchment and write the entire parshah of chalitzah on it. Mar bar Idi questioned Mar Zutra whether this was permissible, והא לא ניתן ליכתב – but this is a parshah that is not meant to be written by itself? Rashi explains, that it is forbidden to write pesukim on a parchment that will be used to teach a child, since one may only write pesukim as part of an entire sefer Torah. How could Mar Zutra permit just the writing of the parshah of chalitzah? The Gemara rules that the halachah is in fact like Mar Zutra, and Rashi explains that this is because the cases are different. The kavanah for writing the small parshah for the child is the same as for the writing of a sefer Torah, it is to have a written text of the Torah. Since the Torah was handed down as one unit, it must be written down the way it was handed down. In the case of the chalitzah document, the kavanah is merely for סיפור דברים – to relate the chalitzah procedure, and it has no kedushah, and since it is written for the mitzvah, it is permitted to write the whole parshah.
- Cases where the wind carries away the spittle
Abaye said: רקקה וקלטתו הרוח לא עשתה ולא כלום – If the yevamah spat, and the wind carried the spit away before it reached the yavam, she has not accomplished anything. This is because "וירקה בפניו" בעינן – we require the fulfillment of the passuk of “and she shall spit before him,” which implies that the spit must come before the yavam. Therefore, הוא ארוך והיא גוצה – If he is tall and she is short, and the wind carries away the spit, איכא "בפניו" – there is the fulfillment of spitting “before him.” היא ארוכה והוא גוץ – But if she is tall and he is short, and the wind carries away the spit, בעינן עד דמטי להדי אפיה והדר אזיל – we require that the spittle first reach level with his face, and then go away with the wind.
