Deuteronomy 25:5-10

(18) THE FAMILY NAME: LEVIRATE MARRIAGE (Deuteronomy 25:5-10)

5 If brethren dwell together, and one of them die, and have no son, the wife of the dead shall not be married without unto a stranger: her husband's brother shall go in unto her, and take her to him to wife, and perform the duty of a husband's brother unto her, 6 And it shall be, that the first-born that she beareth shall succeed in the name of his brother that is dead, that his name not be blotted out of Israel. 7 And if the man like not to take his brother's wife, then his brother's wife shall go up to the gate unto the elders, and say, My husband's brother refuseth to raise up unto his brother a name in Israel; he will not perform the duty of a husband's brother unto me. 8 Then the elders of his city shall call him, and speak unto him: and if he stand, and say, I like not to take her; 9 then shall his brother's wife come unto him in the presence of the elders, and loose his shoe from off his foot, and spit in his face; and she shall answer and say, So shall it be done unto the man that doth not build up his brother's house. 10 And his name shall be called in Israel, The house of him that hath his shoe loosed.

THOUGHT QUESTIONS 25:5-10

438.

What of the preferences of the husband's wife? Is she not to be considered at all in the second marriage? Discuss.

439.

Why would the brother of the deceased refuse to marry his brother's widow? Give two or three possible reasons.

440.

What possible symbolic relation does the loosing of the shoe have with this transaction?

441.

Why spit in the face?

442.

Read Genesis 38:6-11 for the practice of this custom long before it was recorded as law.

443.

Read also Ruth 4:7-13 and Matthew 22:23-33 for further examples.

AMPLIFIED TRANSLATION 25:5-10

5 If brothers live together, and one of them dies and has no son, his wife shall not marry outside the family to a stranger [an excluded man]; her husband's brother shall go in to her, and take her as his wife, and perform the duty of a husband's brother to her.
6 And the first-born son shall succeed to the name of the dead brother, that his name be not blotted out of Israel.
7 And if the man does not want to take his brothers-' wife, then let his brother's wife go up to the gate to the elders, and say, My husband's brother refuses to continue his brother's name in Israel; he will not perform the duty of my husband's brother.
8 Then the elders of his city shall call him, and speak to him; and if he stands firm and says, I do not want to take her.
9 Then shall his brother's wife come to him in the presence of the elders, and pull his shoe off his foot, and spit in his face, and shall answer, So shall it be done to that man who does not build up his brother's house.
10 And his family shall be called in Israel, The house of him whose shoe was loosed.

COMMENT 25:5-10

Here we have the first time this instruction is recorded as a law in Israel. But it apparently had been a command of God for several centuries: Genesis 38:6-11. And it was still being practiced during Christ's ministry Matthew 22:23-33.

The law accords with the strong family ties in the Jewish economy, and the great reproach felt by them if no children were born to the marriage. As is so vividly described in the book of Ruth, the later custom in Israel was for another kinsman to assume this responsibility if it was refused by the brother or near kinsman. Thus Boaz purchased (redeemed) this marriage right from Ruth's near kinsman (Ruth 4:7-13).

LOOSE HIS SHOE (Deuteronomy 25:9)Possibly symbolizing a releasing of his authority or rights over his brother's wife.

SPIT IN HIS FACE (Deuteronomy 25:9)An expression of utmost contempt, Numbers 12:14, Job 17:6; Job 30:10. Insult is added to injury by the title with which he would be known (Deuteronomy 25:10). By both means he would be publicly disgraced.

The design of this institution was obviously to preserve a family from becoming extinct and to secure the property of the family from passing on to a stranger.