Talmud Bavli
Talmud Bavli

Responsa for Yevamot 209:2

מני אילימא רבי אליעזר חלצה ולא רקקה ולא קראה חליצתה כשירה והא אמר רבי אליעזר (דברים כה, ט) ככה יעשה דבר שהוא מעשה מעכב אלא פשיטא רבי עקיבא וקתני רקקה ולא חלצה ולא קראה חליצתה פסולה למאן

if she recited<span class="x" onmousemove="('comment',' V. p. 721, n. 14. ');"><sup>2</sup></span> but did not spit nor draw off the shoe, there is here no reason whatsoever for apprehension.<span class="x" onmousemove="('comment',' I.e., even levirate marriage is permitted. ');"><sup>4</sup></span> Now, whose [view is here represented]? If it be suggested [it is that of] R. Eliezer, [how could it be stated that] 'if she drew off [the levir's shoe] but did not spit nor recite, her <i>halizah</i> is valid' when, surely, R. Eliezer said: SO SHALL BE DONE, ANYTHING WHICH IS A DEED IS A SINE QUA NON? It is consequently obvious [that it is the view of] R. Akiba; and yet it was stated that 'if she spat but did not draw off the shoe nor recite, her <i>halizah</i> is invalid'. To whom, [however, does the invalidity cause her to be forbidden]?<span class="x" onmousemove="('comment',' The expression vjuxp, here rendered 'invalid', bears in the original a double meaning: (a) the halizah itself is invalid and (b) the woman becomes invalid, i.e., unfit to contract a marriage. V. infra note 8. ');"><sup>5</sup></span>

Teshuvot Maharam

Q. A levir performed the rite of halitzah with a shoe sewed with flaxen thread, but which did not belong to him. The levir refuses to repeat the rite with another shoe. The law provides that halitzah performed with a shoe not belonging to the levir is valid bediabad (after the act has been performed). What does bediabad mean in this case; does it mean after the rite was performed, or only after the woman remarried?
A. Bediabad, in this case, means after the rite was performed. Nevertheless, the aforementioned performance of the rite is invalid, for a different reason: the shoe used was sewed with flaxen thread and, therefore, was never fit for this purpose. Since, however, the levir performed an invalid rite of halitzah, neither he nor his brothers are now permitted to marry the widow. Halitzah by the same levir being the only manner of releasing her, he may be forced, by persuasion or by flagellation, to repeat the rite with the proper shoe. For now the Mitzvah revolved on him alone, and we are permitted to scourge a Jew until he perform the required Mitzvot.
This Responsum is addressed to Rabbi Menahem of Würzburg.
SOURCES: Am I, 93, 94.
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