Mitzvah Or Kinyan?
‘Both Shall Have Intention At The Same Time’
(Yevamos 102b)
The Gemara states that it is essential that the yavam and the yevamah perform chalitzah with kavanah; if either one lacks kavanah, the chalitzah is invalid.
What Constitutes Intention?
The commentaries consider what type of kavanah is required: The Yashrish Yaakov infers from the words of Rashi (102b s.v. “Ha chazina”) that they must have “kavanas mitzvah,” the intent to fulfill the mitzvah of chalitzah. Just as one who listens to shofar on Rosh Hashanah does not fulfill the mitzvah if he lacks kavanah (Rosh Hashanah 28a), so, too, if one performs chalitzah without intending to fulfill the mitzvah, one has not fulfilled the mitzvah. Rashi seems to be of the opinion that a chalitzah performed only for the sake of releasing the yevamah, and not for the sake of the mitzvah, is not effective. Apparently, chalitzah served to release a yevamah from her zikah (bond to the yavam) only through the fulfillment of the mitzvah of chalitzah.
A Stolen Sandal
The Ramban, Rashba, and Ritva (103b) indicate that if one performs chalitzah in a forbidden manner so that the mitzvah is not fulfilled (due to the principle of “mitzvah haba’ah be’averah”), the chalitzah is ineffective. Thus, these Rishonim indicate that they agree with Rashi’s opinion that chalitzah effectively releases the yevamah from her zikah (bond) only as a result of fulfilling the mitzvah.
Intention To Acquire
The Chacham Tzvi (siman 1) maintains that the required kavanah for chalitzah is “kavanas kinyan,” the intention to acquire freedom from the bond. He maintains that chalitzah does not require kavanas mitzvah because it is not a mitzvah such as shofar, which the Torah obligates one to perform. The laws of chalitzah were given merely as a means of releasing a yevamah from the yavam when necessary, akin to the laws of divorce which were given only as a means of releasing a married woman from her husband when there is a need to do so.
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