- Question: What is the difference between shechita and chalitza? Why if shechita is done specifically in mind just to cut the animal and not to do a kosher slaughtering it is not kosher even if a kosher slaughtering was halachically done but if one does the process of chalitza with the opposite intent (I.e. to do yibum and marry her instead of get rid of her) then it still works as a chalitza?
- The Maharshal (Yam Shel Shlomo Chullin 2:12) holds that even though we poskin that if a knife falls and just happens to shecht an animal properly it is a kosher slaughtering you don’t need specific intent to shect but if you specifically had in mind not to perform a kosher shechita, but rather just to stab it or strangle the animal that is not a shechita even if it was physically done properly.
- The Oneg Yom Tov (57) asks on the Maharshal from a case in Yevamos daf 106 that Reish Lakish holds that the case of a mistaken chalitza being a kosher chalitza is when he says I will perform the process of chalitza in order marry her. Even though chalitza is the process to separate the brother from his yevama and avoid marrying or doing yibum to her.
- The Maharshal holds that by shechita, the shochet is the one who is permitting the animal to be eaten. But by chalitza G-d is the one permitting the woman to marry anyone it is just that chalitza is the process of acquisition done for her to acquire herself and be allowed to now marry anyone else.
- Normally by an acquisition the person doing the acquisition makes it his by himself but by chalitza G-D makes her free not the brother who is doing the action of kinyan (acquisition to release her from the bond of yibum).
Answer: By chalitza it makes no difference what the intent of the brother was when doing the chalitza the action was done which allows for the Torah to release her but by shechita, granted there is no acquisition done to make it kosher therefore no specific intent is needed as long as the act was done properly but because the shochet is the one in control to make it kosher then if he has specific intent for it not to be kosher then he ruined it. (Mishmeres Chaim 1:81)