LEVIRATE MARRIAGE IN OLD TESTAMENT WORLD, part 1

Over the next few posts, I am going to break out an article I wrote on what exactly a Levirate Marriage looked like in the Old Testament. We see this concept mainly in the book of Ruth is the story of Ruth and Boaz. But there are other examples as well. Due to length, I will need to break this out into three posts. Here is the first part

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In the book of Ruth, the concept of Levirate marriage and a kinsman redeemer is displayed when Boaz marries Ruth. As the reader hopes the nearer kinsman will not redeem Ruth and take her as his wife, the reader is introduced and reminded of this ancient custom of Levirate marriage that was put in place in Deuteronomy 25:5-10. Levirate marriage is one of many aspects of ancient Near East culture that is foreign to modern Westerners. The concept of marrying a brother’s widow, even if the person was already married, seems wrong. Then, to take it one step further, the first son that was born between the new couple does not even belong to the new father, but the child will carry on the name and inherit the deceased father’s possessions. This custom was to prevent extinction of a family line and thereby kept the family inheritance intact.[1] But, was this law seen only in the ancient Hebrews or were there other cultures that also practiced this custom? This paper will provide biblical support and reasoning as to why this law was enacted and show that the ancient Israelites were not the only ones practicing this custom. First, it must be determined what Levirate marriage is and how it was implemented in the Old Testament. Then, other ancient Near East cultures will be examined to see if others followed this law or if it was distinct to Israel.

Levirate Marriage in the Old Testament

Kinsman redeemer and Levirate marriage are Israelite customs by which a relative removes another relative from great difficulty. The common goal of both is to repair wholeness in a family broken by misfortune, and to continue a childless family line through the marriage of its widow to a relative. The kinsman redeemer is distinguished from the Levirate custom by involving a close relative not a brother, and also aiming to relieve larger economic woes.[2] For the purposes of this paper, the Levirate marriage will be the main focus.

A Levirate marriage is literally a “marriage with a brother-in-law.” The word Levirate comes from the Latin word levir, which is “a husband’s brother.” By definition, a levir is a man who marries his brother’s widow to produce an heir for his brother. This is presented in Deuteronomy as a familial duty, but not an obligation in the religious sense.[3] In only one kind of circumstance was marriage to a close relative permitted. Marriage to a divorced or widowed sister-in-law was forbidden (Lev 18:16) unless the following conditions were met. According to Deuteronomy 25:5-10, the brothers must have been living together, meaning they inherited their father’s property jointly, and the deceased brother must have died without a male heir.[4] If both of these conditions were met, then Levirate marriage was to take place. The surviving brother would take his deceased brother’s widow to be his wife, and the first-born of this new marriage is regarded in law as the son of the deceased. Thus, Levirate marriage would provide a male heir who in turn could care for the parents in their old age and prevent the alienation of family property.[5]

Furthermore, the first born son from the Levirate marriage was given the deceased brother’s name so that his name would not be blotted out from Israel. This was a way to prevent extinction of a family line and thereby keep the family inheritance intact.[6] In this way even though a man died before the Lord fulfilled the covenant promises made to Abraham and his descendants (Gen. 15:5, 18–21; 17:19) he could in a sense participate in the glorious future of Israel through his descendants.[7] The reference to the firstborn son seems to imply that other children could be born from this union. The purpose of this law is not simply to provide an heir for the deceased brother, the heir’s legal father, but also to ensure the welfare of his widow who is essentially economically destitute.[8] Since the heir fathered by the deceased man’s brother and born to the man’s widow would not be able to care the land inheritance for many years, that task was left to the brother in the interim.

The brother-in-law can, however, decline this responsibility, by making a declaration before the elders of the town; but this is seen as a highly dishonorable action. The widow will then take off the shoe of brother-in-law and spit in his face, because he “will not build up his brother’s family line” (Deut 25:9). That man’s line will then be known in Israel as “The Family of the Unsandaled” (Deut 25:10). This embarrassment to him, along with the stigma for his refusal, demonstrates how social pressure was used to motivate people to obedience.[9]

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[1] John D. Grassmick, “Mark,” in The Bible Knowledge Commentary: An Exposition of the Scriptures, ed. John F. Walvoord and Roy B. Zuck, vol. 2 (Wheaton: Victor Books, 1985), 162.

[2] R. L.  Hubbard, Jr., “Kinsman-Redeemer and Levirate,” in Dictionary of the Old Testament: Wisdom, Poetry & Writings, ed. Tremper Longman III and Peter Enns (Downers Grove; Nottingham, England: IVP Academic; Inter-Varsity Press, 2008), 379.

[3] George M. Schwab, “Ruth,” in The Expositor’s Bible Commentary: Numbers–Ruth (Revised Edition), ed. Tremper Longman III and David E. Garland, vol. 2 (Grand Rapids: Zondervan, 2012), 1299.

[4] Jack S. Deere, “Deuteronomy,” in The Bible Knowledge Commentary: An Exposition of the Scriptures, ed. John F. Walvoord and Roy B. Zuck, vol. 1 (Wheaton: Victor Books, 1985), 306.

[5] Jack S. Deere, “Deuteronomy,” in The Bible Knowledge Commentary: An Exposition of the Scriptures, eds. John F. Walvoord and Roy B. Zuck, vol. 1 (Wheaton: Victor Books, 1985), 306.

[6] John D. Grassmick, “Mark,” in The Bible Knowledge Commentary: An Exposition of the Scriptures, eds. John F. Walvoord and Roy B. Zuck, vol. 2 (Wheaton: Victor Books, 1985), 162.

[7] Jack S. Deere, “Deuteronomy,” in The Bible Knowledge Commentary: An Exposition of the Scriptures, eds. John F. Walvoord and Roy B. Zuck, vol. 1 (Wheaton: Victor Books, 1985), 306.

[8] Michael A. Grisanti, “Deuteronomy,” in The Expositor’s Bible Commentary: Numbers–Ruth (Revised Edition), rev. and ed. Tremper Longman III and David E. Garland, vol. 2 (Grand Rapids: Zondervan, 2012), 700.

[9] Jack S. Deere, “Deuteronomy,” in The Bible Knowledge Commentary: An Exposition of the Scriptures, eds. John F. Walvoord and Roy B. Zuck, vol. 1 (Wheaton: Victor Books, 1985), 307.