Leviticus 18:16

16.Thou shalt not uncover the nakedness of thy brother’s wife. They are bad (92) interpreters who raise a controversy on this passage, and expound it, that a brother’s wife must not be taken from his bed, or, if she be divorced, that manage with her would be unlawful whilst her husband was still alive; for it is incongruous to twist into different senses declarations which are made in the same place, and in the same words. God forbids the uncovering of the turpitude of the wife of a father, an uncle, and a son; and when He lays down the same rule respecting a brother’s wife in the very same words, it is absurd to invent a different meaning for them. If, therefore, it be not lawful to marry the wife of a father, a son, an uncle, or a nephew, we must. hold precisely the same opinion with respect to a brother’s wife, concerning whom an exactly similar law is enacted in the same passage and context. I am not, however, ignorant of the source from whence those, who think otherwise, have derived their mistake; for, whereas God gives a command in another place, that if a man shall have died without issue, his surviving brother shall take his widow to wife, in order that he may raise up of her seed to the departed, (Deuteronomy 25:5,) they have incorrectly and ignorantly restricted this to own-brothers, although God rather designates other degrees of relationship. It is a well-known Hebrew idiom, to embrace under the name of brother all near kinsmen in general; and the Latins also formerly so denominated cousins-german. (93) The law, then, now before us, respecting marriage with a deceased brother’s wife, is only addressed to those relations who are not otherwise prohibited from such a marriage, since it was not God’s purpose to prevent the loss of a deceased person’s name by permitting those incestuous marriages, which tie had elsewhere condemned. Wherefore these two points agree perfectly well, that an own-brother was prohibited from marrying his brother’s widow, whilst the next of kin were obliged to raise up seed for the dead, by the right of their relationship, wherever their marriage was otherwise permissible by the enactment’s of the law. On this ground Boaz married Ruth, who had previously been married to his near kinsman; and it is abundantly clear from the history, that the law applied to all the near kinsmen. But if any still contend that own-brothers were included in the number of these, on the same grounds the daughter-in-law must be married by her father-in-law, and the nephew’s wife by the uncle, and even the mother-in-law by the son-in-law, which it is an abomination to speak of. If any object that Er, Onan, and Shelah, the sons of Judah, were own-brothers, and still that Tamar married two of them, the difficulty is easily solved, viz., that Judah, following the common and received practice of the Gentiles, acted improperly in permitting it. It is plain enough, from the histories of all ages, that there were disgusting and shameless mixtures in the marriages of Oriental nations. By evil communications, then, as is ever the case, Judah was led into giving the same wife to his second son as had before been married to the eldest. And, in fact, God expressly says that this offense was rife among the Gentiles, where tie condemns incestuous connections. This, therefore, I still hold to be unquestionable, that, by the law of Moses, marriage with the widow of an own-brother is forbidden.