Deuteronomy 25:8

Then the elders of his city shall call him, and speak unto him: and if he stand to it, and say, I like not to take her;

EXPOSITORY (ENGLISH BIBLE)

Matthew Henry's Concise Commentary

25:5-12 The custom here regulated seems to have been in the Jewish law in order to keep inheritances distinct; now it is unlawful.

Barnes' Notes on the Bible

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.

Jamieson-Fausset-Brown Bible Commentary

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.

Matthew Poole's Commentary

Speak unto him, to convince him of the duty, and persuade him to it.

If he stand to it; if he obstinately refuse it.

Gill's Exposition of the Entire Bible

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.

Geneva Study Bible

Then the elders of his city shall call him, and speak unto him: and if he stand to it, and say, I like not to take her;

EXEGETICAL (ORIGINAL LANGUAGES)

Cambridge Bible for Schools and Colleges

8. This v. really continues the protasis of the cond. sentence which starts in Deuteronomy 25:7; the apodosis begins with Deuteronomy 25:9.

Deuteronomy 25:8

Keil and Delitzsch Biblical Commentary on the Old Testament

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. Moses therefore recognised this custom as perfectly justifiable; but he sought to restrain it within such limits, that it should not present any impediment to the sanctification of marriage aimed at by the law. He took away the compulsory character, which it hitherto possessed, by prescribing in Deuteronomy 25:7., that if the surviving brother refused to marry his widowed sister-in-law, she was to bring the matter into the gate before the elders of the town (vid., Deuteronomy 21:19), i.e., before the magistrates; and if the brother-in-law still persisted in his refusal, she was to take his shoe from off his foot and spit in his face, with these words: "So let it be done to the man who does not build up his brother's house."

The taking off of the shoe was an ancient custom in Israel, adopted, according to Ruth 4:7, in cases of redemption and exchange, for the purpose of confirming commercial transactions. The usage arose from the fact, that when any one took possession of landed property he did so by treading upon the soil, and asserting his right of possession by standing upon it in his shoes. In this way the taking off of the shoe and handing it to another became a symbol of the renunciation of a man's position and property, - a symbol which was also common among the Indians and the ancient Germans (see my Archologie, ii. p. 66). But the custom was an ignominious one in such a case as this, when the shoe was publicly taken off the foot of the brother-in-law by the widow whom he refused to marry. He was thus deprived of the position which he ought to have occupied in relation to her and to his deceased brother, or to his paternal house; and the disgrace involved in this was still further heightened by the fact that his sister-in-law spat in his face. This is the meaning of the words (cf. Numbers 12:14), and not merely spit on the ground before his eyes, as Saalschtz and others as well as the Talmudists (tr. Jebam. xii. 6) render it, for the purpose of diminishing the disgrace. "Build up his brother's house," i.e., lay the foundation of a family or posterity for him (cf. Genesis 16:2). - In addition to this, the unwilling brother-in-law was to receive a name of ridicule in Israel: "House of the shoe taken off" (הנּעל חלוּץ, taken off as to his shoe; cf. Ewald, 288, b.), i.e., of the barefooted man, equivalent to "the miserable fellow;" for it was only in miserable circumstances that the Hebrews went barefoot (vid., Isaiah 20:2-3;