Deuteronomy 25:8

Then the elders of his city shall call him,.... Require him to come, before them, and declare his resolution, and the reasons for it; recite this law to him, and explain the nature of it, and exhort him to comply with it, or show reason why he does not, at least to have his final resolution upon it: and speak unto him; talk with him upon this subject, and give him their best advice; and what that was Maimonides (o) more particularly informs us; if it is good and advisable to marry, they advise him to marry; but if it is better advice to pluck off the shoe, they give it; as when she is young and he is old, or she is old and he young, they advise him to allow the shoe to be plucked off: and if he stand to it: and say, I like not to take her; if, after all the conversation, debate, and counsel between them, he is resolute, and abides by his first determination, that he will not marry her, then the following method was to be taken. (o) Yebum Vechalitzab, c. 4. sect. 1.

The law of levirate marriage. The law on this subject is not unique to the Jews, but is found (see Genesis 38:8 ) in all essential respects the same among various Oriental nations, ancient and modern. The rules in these verses, like those upon divorce, do but incorporate existing immemorial usages, and introduce various wise and politic limitations and mitigations of them. The root of the obligation here imposed upon the brother of the deceased husband lies in the primitive idea of childlessness being a great calamity (compare Genesis 16:4 ; and note), and extinction of name and family one of the greatest that could happen (compare Deuteronomy 9:14 ; Psalm 109:12-15 ). To avert this the ordinary rules as to intermarriage are in the case in question (compare Leviticus 18:16 ) set aside. The obligation was onerous (compare Ruth 4:6 ), and might be repugnant; and it is accordingly considerably reduced and restricted by Moses. The duty is recognized as one of affection for the memory of the deceased; it is not one which could be enforced at law. That it continued down to the Christian era is apparent from the question on this point put to Jesus by the Sadducees (see the marginal references). Deuteronomy 25:5 No child - literally, "no son." The existence of a daughter would clearly suffice. The daughter would inherit the name and property of the father; compare Numbers 27:1-11.

5-10. the wife of the dead shall not marry without unto a stranger: her husband's brother … shall take her to him to wife—This usage existed before the age of Moses (Ge 38:8). But the Mosaic law rendered the custom obligatory (Mt 22:25) on younger brothers, or the nearest kinsman, to marry the widow (Ru 4:4), by associating the natural desire of perpetuating a brother's name with the preservation of property in the Hebrew families and tribes. If the younger brother declined to comply with the law, the widow brought her claim before the authorities of the place at a public assembly (the gate of the city); and he having declared his refusal, she was ordered to loose the thong of his shoe—a sign of degradation—following up that act by spitting on the ground—the strongest expression of ignominy and contempt among Eastern people. The shoe was kept by the magistrate as an evidence of the transaction, and the parties separated.

On Levirate Marriages. - Deuteronomy 25:5 , Deuteronomy 25:6 . If brothers lived together, and one of them died childless, the wife of the deceased was not to be married outside (i.e., away from the family) to a strange man (one not belonging to her kindred); her brother-in-law was to come to her and take her for his wife, and perform the duty of a brother-in-law to her. יבּם, denom. from יבם, a brother-in-law, husband's brother, lit., to act the brother-in-law, i.e., perform the duty of a brother-in-law, which consisted in his marrying his deceased brother's widow, and begetting a son of children with her, the first-born of whom was "to stand upon the name of his deceased brother," i.e., be placed in the family of the deceased, and be recognised as the heir of his property, that his name (the name of the man who had died childless) might not be wiped out or vanish out of Israel. The provision, "without having a son" (ben), has been correctly interpreted by the lxx, Vulg., Josephus (Ant. iv. 8, 23), and the Rabbins, as signifying childless (having no seed, Matthew 22:25 ); for if the deceased had simply a daughter, according to Numbers 27:4 ., the perpetuation of his house and name was to be ensured through her.

The obligation of a brother-in-law's marriage only existed in cases where the brothers had lived together, i.e., in one and the same place, not necessarily in one house or with a common domestic establishment and home (vid., Genesis 13:6 ; Genesis 36:7 ). - This custom of a brother-in-law's (Levirate) marriage, which is met with in different nations, and as an old traditional custom among the Israelites (see at Genesis 38:8 .), had its natural roots in the desire inherent in man, who is formed for immortality, and connected with the hitherto undeveloped belief in an eternal life, to secure a continued personal existence for himself and immorality for his name, through the perpetuation of his family and in the life of the son who took his place. This desire was not suppressed in Israel by divine revelation, but rather increased, inasmuch as the promises given to the patriarchs were bound up with the preservation and propagation of their seed and name. The promise given to Abraham for his seed would of necessity not only raise the begetting of children in the religious views of the Israelites into the work desired by God and well-pleasing to Him, but would also give this significance to the traditional custom of preserving the name and family by the substitution of a marriage of duty, that they would thereby secure to themselves and their family a share in the blessing of promise.