TT #711 · Parashas Ki Seitzei · Seventh Aliyah · Passuk 25:07
And if the man does not desire to take his yevamah, then his yevamah shall go up to the gate to the elders and say: “My husband’s brother refuses to establish a name for his brother in Israel; he will not perform the duty of a husband’s brother for me.”
Torah Temimah points to Yevamot / Sifrei.
TT lemma: וְדִבְּרוּ אֵלָיו.
וְדִבְּרוּ אֵלָיו – מִלַּמֵּד שֶׁכּוֹפִין אוֹתוֹ עַד שֶׁיֹּאמַר בִּרְצוֹנוֹ.
English: “And they shall speak to him” — teaching that they compel him until he says (the formula) of his own will.
On the daf / in context: The court persuades or pressures the yavam so that the eventual declaration of refusal is made willingly.
Derash on the court’s role in eliciting a willing statement.
The court must obtain a willing verbal refusal from the yavam before proceeding to the act of chalitzah.