This post will continue the short series on the Kinsman Redeemer and what Levirate marriage looked like in the book of Ruth. Today we look at other customs in the ancient near east and conclude this series. For more information about this, see part 1 and part 2.
Similar Customs in the Ancient Near East
In the Hebrew custom and law, the widow had no hereditary rights in her husband’s property, but was considered part of the estate, and the surviving brother of the deceased was considered the natural heir.[1] As discussed, the right to inherit the widow soon became the duty to marry her if the deceased had left no sons, and in case there was no brother-in-law, the duty of marriage transferred on the father-in-law or other male relative. This institution is found chiefly among people who hold to ancestral worship, such as Indians, Persians, and Afghans.[2] The Levirate marriage undoubtedly existed as a custom before the Israelite settlement in Canaan, and probably originated with Canaanite tradition, but after they settled it received special significance to prevent the disintegration of property and its acquiring by strangers, as well as perpetuating the family line.[3]
There are parallels to the Levirate custom among other people groups, especially among Israel’s neighbors. The Assyrian law devotes several articles to it, though not mentioned in the Code of Hammurabi.[4] It is not specifically stated that a woman had to be childless in the Assyrian law, but this could be due to a gap in the text. However, the Assyrians treat engagement, for this purpose, in just the same way as a consummated marriage; if an engaged man dies, his fiancée must marry the dead man’s brother.[5] Some of the Hittite laws mention the Levirate, but they are less detailed than what is seen in Hebrew law.[6] The custom also existed among the Hurrites of Nuzu, Babylon, and perhaps in Elam, and there is evidence of it at Ugarit.[7] The custom was also present in parts of modern Africa and Asia.[8] The common goal found among the cultures that practiced this custom in the ancient Near East was to preserve a family’s inheritance.[9] While provisions existed allowing widows to inherit property, and though polygamy and adoption offered increased chances of children, varying circumstances created problems to which levirate marriage offered a solution.[10]
Conclusion
A Levirate marriage represents a legally sanctioned union between a levir and a widow whose husband died without having any children, with the levir as the brother of the deceased. Variations of this type of marriage are attested in Ugaritic, Hittite, Babylonian, and Assyrian sources of the similar time period. As seen in the story of Ruth, the brother-in-law or nearest kinsman has the right to decline this marriage, but will face shame among the community. The purpose of the Levirate custom in ancient Israel and other ancient Near East nations seems to be never-ending. Some have regarded it as a means of perpetuating ancestor worship, while others believe it is an indication of a fratriarchal society.[11] Whatever is true of the purpose for other nations is up for debate, but the Old Testament seems to provide a sufficient explanation to its purpose for the Israelites. In essence, the main purpose is to perpetuate the family line and thus the first son of the Levirate marriage was considered the child of the deceased man.[12] A secondary, but just as important, purpose was to prevent alienation of family property. This comes from Deuteronomy 25:5, which makes it a condition of the Levirate that the brothers should be living together, and it explains why, in the story of Ruth, the right of redeeming the land is linked with the duty of marrying the widow. The same motive is found in legislation about Jubilee (Lev 25), and in the law about the daughters who are heiresses (Num 36:2-9).[13] Although the story of Boaz and Ruth does not follow the letter of the law of the levir, it certainly captures its spirit.
[1] Frank E. Hirsch, “Brother’s Wife,” International Standard Bible Encyclopedia Online, accessed Aug 6, 2016, http://www.internationalstandardbible.com/B/brothers-wife.html.
[2] Frank E. Hirsch, “Brother’s Wife,” International Standard Bible Encyclopedia Online, accessed Aug 6, 2016, http://www.internationalstandardbible.com/B/brothers-wife.html.
[3] Frank E. Hirsch, “Brother’s Wife,” International Standard Bible Encyclopedia Online, accessed Aug 6, 2016, http://www.internationalstandardbible.com/B/brothers-wife.html.
[4] Roland De Vaux, Ancient Israel: Its life and Instructions, trans John McHugh (Grand Rapids: Eerdmans Publishing Company, 1997), 38.
[5] Roland De Vaux, Ancient Israel: Its life and Instructions, trans John McHugh (Grand Rapids: Eerdmans Publishing Company, 1997), 38.
[6] Hittite Law §193 reads: “If a man has a wife, and the man dies, his brother shall take his widow as wife. (If the brother dies,) his father shall take her. When afterwards his father dies, his (i.e., the father’s) brother shall take the woman whom he had.” Harry A. Hoffner, Jr., Law Collections from Mesopotamia and Asia Minor, ed. Martha T. Roth, 2nd ed. (Atlanta: Scholars Press, 1997), 236.
[7] Roland De Vaux, Ancient Israel: Its life and Instructions, trans John McHugh (Grand Rapids: Eerdmans Publishing Company, 1997), 38.
[8] Rob Fleenor, “Law, Levirate,” in The Lexham Bible Dictionary, ed. John D. Barry et al., (Bellingham, WA: Lexham Press, 2016), under chap. ‘L’, sec., “Law, Levirate,” Logos Bible Software.
[9] Rob Fleenor, “Law, Levirate,” in The Lexham Bible Dictionary, ed. John D. Barry et al., (Bellingham, WA: Lexham Press, 2016), under chap. ‘L’, sec., “Law, Levirate,” Logos Bible Software.
[10] Rob Fleenor, “Law, Levirate,” in The Lexham Bible Dictionary, ed. John D. Barry et al., (Bellingham, WA: Lexham Press, 2016), under chap. ‘L’, sec., “Law, Levirate,” Logos Bible Software.
[11] Roland De Vaux, Ancient Israel: Its life and Instructions, trans John McHugh (Grand Rapids: Eerdmans Publishing Company, 1997), 38.
[12] Roland De Vaux, Ancient Israel: Its life and Instructions, trans John McHugh (Grand Rapids: Eerdmans Publishing Company, 1997), 38.
[13] Roland De Vaux, Ancient Israel: Its life and Instructions, trans John McHugh (Grand Rapids: Eerdmans Publishing Company, 1997), 38.