Deuteronomy 25:7

7 But if the man says he will not take his brother's wife, then let the wife go to the responsible men of the town, and say, My husband's brother will not keep his brother's name living in Israel; he will not do what it is right for a husband's brother to do.

Deuteronomy 25:7 Meaning and Commentary

Deuteronomy 25:7

And the man like not to take his brother's wife
The provision here made by this law, when this was the case, is such as did not take place before it became a law; for then Onan would have taken the advantage of it, and refused marrying his brother's wife, which it is plain was not agreeable to him, ( Genesis 38:9 ) ; as many do now on one account or another. Leo of Modena ^F12 says,

``it was anciently accounted the more laudable thing to take her, than to release her; but now the corruption of the times, and the hardness of men's hearts, are such, as that they only look after worldly ends, either of riches, or of the beauty of the woman; so that there are very few that in this case will marry a brother's widow, especially among the Dutch and Italian Jews, but they always release her:''

then let his brother's wife go up to the gate;
to the gate of the city, where the judges sit for public affairs; to the gate of the sanhedrim, or court of judicature, as the Targum of Jonathan; and this affair was cognizable by the bench of three judges, and might be dispatched by them; for so it is said ^F13,

``the plucking off the shoe, and the refusal of marriage, are by three:''

i.e. three judges, which was the lowest court of judicature with the Jews:

unto the elders, and say;
which according to the above Targum were to be five wise men, of which three were to be judges, and two witnesses; and she was to say in the Hebrew language, in which, according to the Misnah ^F14, she was to pronounce what follows:

my husband's brother refuseth to raise up unto his brother a name in
Israel, he will not perform the duty of my husband's brother;
that is, in a few words, he will not marry her.

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FOOTNOTES:

F12 Ut supra, sect. 3. (Leo Modena's History of Rites l. 1 sect. 3.)
F13 Misn. Sanhedrin, c. 1. sect. 3.
F14 Sotah, c. 7. sect. 2.

Deuteronomy 25:7 In-Context

5 If brothers are living together and one of them, at his death, has no son, the wife of the dead man is not to be married outside the family to another man: let her husband's brother go in to her and make her his wife, doing as it is right for a brother-in-law to do.

6 Then the first male child she has will take the rights of the brother who is dead, so that his name may not come to an end in Israel.

7 But if the man says he will not take his brother's wife, then let the wife go to the responsible men of the town, and say, My husband's brother will not keep his brother's name living in Israel; he will not do what it is right for a husband's brother to do.

8 Then the responsible men of the town will send for the man, and have talk with him: and if he still says, I will not take her;

9 Then his brother's wife is to come to him, before the responsible men of the town, and take his shoe off his foot, and put shame on him, and say, So let it be done to the man who will not take care of his brother's name.