Definition and Origin

Levirate marriage is a practice rooted in ancient Near Eastern customs and codified in the Mosaic Law, where a man is obligated to marry his deceased brother's widow if the brother died without leaving a male heir. The term "levirate" is derived from the Latin word "levir," meaning "brother-in-law." This practice is primarily outlined in the Old Testament, specifically in the Book of Deuteronomy.

Biblical Foundation

The primary biblical reference for levirate marriage is found in Deuteronomy 25:5-10 :

"If brothers dwell together and one of them dies without having a son, the widow must not marry outside the family. Her husband’s brother is to take her as his wife and fulfill the duty of a brother-in-law for her. The first son she bears will carry on the name of the dead brother, so that his name will not be blotted out from Israel."

This passage underscores the importance of preserving the family lineage and inheritance within the tribes of Israel. The practice ensured that the deceased brother's name and property remained within the family, thus maintaining the social and economic stability of the clan.

Cultural and Theological Significance

Levirate marriage served several purposes in ancient Israelite society. It provided social security for the widow, who might otherwise be left destitute. By marrying her deceased husband's brother, the widow was assured protection and provision within the family unit. This practice also reinforced the importance of family continuity and inheritance, which were central to Israelite identity and covenantal promises.

Theologically, levirate marriage reflects the communal and covenantal nature of Israelite society. It highlights the collective responsibility of the family and community to uphold God's commandments and ensure the welfare of its members. The practice also points to the broader biblical theme of redemption and restoration, as seen in the account of Ruth and Boaz.

Notable Biblical Examples

One of the most well-known examples of levirate marriage is the account of Tamar and Judah in Genesis 38. Tamar, the widow of Judah's son Er, was denied the levirate marriage by Judah's second son, Onan, who refused to fulfill his duty. This led to a series of events where Tamar took matters into her own hands to secure her place and future within the family lineage.

Another significant example is found in the Book of Ruth. Although not a direct levirate marriage, the account of Ruth and Boaz illustrates the spirit of the law. Boaz, a relative of Ruth's deceased husband, acts as a kinsman-redeemer, marrying Ruth to preserve the family line and inheritance.

Legal and Social Implications

The levirate marriage law also included provisions for refusal. If a man chose not to marry his brother's widow, the widow could bring the matter before the elders at the city gate. The man would then publicly renounce his obligation, and the widow would perform a symbolic act of removing his sandal and spitting in his face, as described in Deuteronomy 25:9-10 :

"Then his brother’s widow shall go up to him in the presence of the elders, remove his sandal from his foot, spit in his face, and declare, 'This is what is done to the man who will not maintain his brother’s line.' And his family name in Israel will be called 'The House of the Unsandaled.'"

This public act served as a form of social censure, emphasizing the communal expectation to uphold familial duties.

Conclusion

Levirate marriage, as outlined in the Bible, played a crucial role in maintaining the social, economic, and spiritual fabric of ancient Israelite society. It underscored the importance of family, inheritance, and communal responsibility, reflecting broader biblical themes of redemption and covenant faithfulness.