The Jewish Synagogue, Chapter 30
CHAP. XXX.
Touching the manner how a Jewiſh woman divorceth her ſelf from the brother of her deceaſed husband.
IT is recorded in the fifth book of Moſes, that the husband of a woman dying, his brother being unmarried ſhall go in unto her, take her to wife, and raiſe up ſeed unto his brother, that his name be not put out of Iſrael. And if the man like not to take his brothers wife, then ſhall ſhe go up to the gate and accuſe him before the Elders, and loſe his ſhooe from off his foot, and ſpit in his face, and anſwer and ſay, ſo ſhall it be done unto the man that will not build up his brothers houſe. But in proceſs of time this cuſtome was diſanulled and it was ordained by the Rabbines that none ſhould take to wife the widow of his deceaſed brother, but rather for to free himſelf from her for his greater honour, ſhould ſuffer her to draw …ff his ſhooe▪ which kinde of divorce i… called by the Rabbines C…litra which is performed in this manner.
The widow calls unto her five witneſſes, who muſt be men of another family, with whom ſhe being about to appear before the chief Rabbine, ſummo…s her husbands brother …lſo to the ſame place. When they are come, the Rabbine asks the woman whether three moneths are gone and p…ſt ſince the death of her husband? Whether her husband dying left behinde him a brother unmarried? Whether he that is there preſent be the natural brother of her husband, begot by the ſame man? Whether they think themſelves fit to beget children to raiſe up ſeed, or an heir unto the dead, as alſo to themſelves now ſuperviving? What age they are of? and laſtly he aſketh the widow whether ſhe be faſting or not? For if ſhe have formerly taken any meat, ſhe may not lawfully ſpit in the face of her husbands brother.
Then he aſketh the dead mans brother whether the woman there preſent was wife unto his deceaſed brother when he was alive? Whether he will take her to wi…e? or elſe be divorced from her by the Chalitza, or drawing the ſhooe from off the heele. If he anſwers that he is not willing to marry her, then a ſhooe is brought unto him made after a ſingular faſhion, with latchets and other neceſſaries, this he takes, and leaning himſelf againſt a… wall puts it on upon h…s right foot naked. Then comes the woman unto him and …aith, this my husbands brother would not raiſe up ſeed unto him, and for this cauſe from henceforth he ſhall not be called my husbands brother. Hereupon, ſtooping towards the earth, ſhe unlooſeth his ſhoe with her right hand, and drawing it off his foot ſpits in his face; and that with ſuch force, that the five witneſſes may ſee the ſpittle: and ſaith, Thus ſhall it be done unto him that will not build up his brothers houſe. Then the witneſſes and all the whole company cry Chalutz hannahal, that is, the ſhoe is drawn off. Thus are theſe two ſeparated each from another, that they may ſeverally attend their own employments.
Here ariſeth a great queſtion among the Rabbines, how a woman, ſuppoſe that she wanted the right hand, could draw off the ſhoe.
Some of them have permitted that in ſuch a caſe ſhe may …ſe her teeth to the unlooſing of it: Others ſolve it in another manner. If the brother to the man deceaſed will not ſuffer the ignominie of this discalceation, and the woman be about to marry unto another, then is he bound to pay a great ſum of mony unto her, that he may be freed from her. If her husbands brother dwell in another City, then is ſhe her ſelf compelled to follow him, and to indent with him about marriage. Concerning this cuſtom of raiſing up ſeed unto the Brother, was that Queſtion propoſed by the Sadduces aMatth. 22. The Sadduces were a certain Sect among the Jews: they had their name either from Sedek, Juſtice, becauſe they juſtified themſelves before God: or from Sadoc, the firſt Author of the Hereſie, who lived under Antigonus Socheus, who ſucceeded Simeon the juſt. They rejected the Prophe…s and all other books of Scripture, ſave the five books of Moſes. They rejected traditions: they denied a reward for good works, and puniſhment for evil, the reſurrection of the body, Angels and Spirits, Fate and Deſtinie; aſcribing all to mans Free-will; and affirming the ſoul to be annihilated after it departs the body. Druſius de trib. Sect. cap. 8. lib. 3.to our Saviour: that ſeeing ſeven brethren had one after another married the ſame woman, whoſe wife ſhe ſhould be in the Reſurrection? out of which we may conclude thus much, that it was in uſe among the Jews even in Chriſts time, for the brother of the man deceaſed, to go in unto and marry his brothers wife.