1,903. Chalitzah Performed Under False Pretenses

Yibum v’Chalitzah 4:23

If a yevama spits blood, or if blood is dripping from her mouth, then her spitting is ineffective. If she sucks her wound and spits, then it’s valid because it’s inevitable that the blood she sucked out will contain some saliva. If she spits but the wind blows the saliva away before it passes before the yavam, such as if she’s tall and he’s short, then the spitting is ineffective. If the wind blows the saliva away after it passes in front of the yavam but before it lands on the ground, it is valid. If the judges don’t see the saliva exit the yevama’s mouth, it is still valid.

Yibum v’Chalitzah 4:24

If chalitzah was performed under false pretenses, it is invalid. Examples include if a man is told to perform chalitzah because that’s how one acquires a yevama as a wife, or to perform chalitzah because it’s a mitzvah and he will retain the right to perform yibum later if he so desires. A chalitzah performed under such circumstances is invalid. However, if a yavam was tricked and told to perform chalitzah on the condition that the yevama will give him 200 zuz, or any other condition, then the chalitzah is valid even if she doesn’t fulfill the condition. The rationale is because when the yavam was performing chalitzah, he had the intention that it should free her to marry others.