Mandatory use of the Holy Tongue

If the man does not wish to take his brother’s wife, the sister-in-law shall go up to the elders in court, and declare, “My brother-in-law refuses to perpetuate his brother’s name in Israel, and will not consent to perform his brotherly duty with me.” The elders of his city shall summon him and speak to him. If he remains firm, he must say, “I do not want to take her.” His sister-in-law shall then approach him before the elders, take off his shoe and spit toward his face. She shall then declare, “This is what shall be done to the man who will not build up a family for his brother.”           Deuteronomy 25:7-9

Our Sages determined that the recitations involved in the ceremony of ḥalitzah (both the words of the widow and of her late husband’s brother) must be done in the Holy Tongue:

The following are recited in the Holy Tongue: the declaration made at the offering of the first fruits [Deuteronomy 26:5-10], the formula of ḥalitzah [Deuteronomy 25:9], the blessings and curses [Deuteronomy 27:15], the priestly blessing [Numbers 6:24-26], the blessing of the High Priest, the section of the king, the section of the calf whose neck is broken [Deuteronomy 21:7-8], and the address to the people by the priest anointed (to accompany the soldiers) in battle [Deuteronomy 20:3-4].          Mishnah Sotah 7:2

It is reasonable to assume that the requirement to recite each of the above specifically in Hebrew reflects the national aspect of each.

The declaration of bikurim expresses the connection between the Israelite farmer and the Land, which flows milk and honey [Deuteronomy 26:9].

The blessings and curses which were given at Mount Gerizim and Mount Eval [Joshua 8:30ff] were part of Israel’s arrival in its Land.

The priestly blessing and the blessing of the high priest on Yom Kippur were addressed to all Israel.

The priest appointed to accompany the army naturally addresses the nation’s army.

The Torah reading which is done by the king of Israel at the hakhel ceremony [Deuteronomy 31:10ff.] is, by definition a national event.

Based upon this understanding, the recitation of ḥalitzah seems out of place in the Mishnah’s list. Seemingly, ḥalitzah is a private matter between a widow and her erstwhile brother-in-law. Why then, the insistence that the recitation be made in Hebrew?

The Torah itself provides the underlying reason for the law of yibum, the levirate marriage: to perpetuate the (late) brother’s name in Israel [v.7] and to build up a family for the dead brother. [v.9] The goal of yibum is to bring into the world a child who will perpetuate the name of the deceased, and as such, it moves from the completely private realm to conveying a national aspect as well.

            It seems likely that this explanation is the reason the Torah section concerning yibum, which altogether consists of only six verses, mentions the phrase “… name in Israel” three times.