Deuteronomy 25:7

7 And if the man should not be willing to take his brother's wife, then shall the woman go up to the gate to the elders, and she shall say, My husband's brother will not raise up the name of his brother in Israel, my husband's brother has refused.

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 And if brethren should live together, and one of them should die, and should not have seed, the wife of the deceased shall not marry out to a man not related: her husband's brother shall go in to her, and shall take her to himself for a wife, and shall dwell with her.

6 And it shall come to pass that the child which she shall bear, shall be named by the name of the deceased, and his name shall not be blotted out of Israel.

7 And if the man should not be willing to take his brother's wife, then shall the woman go up to the gate to the elders, and she shall say, My husband's brother will not raise up the name of his brother in Israel, my husband's brother has refused.

8 And the elders of his city shall call him, and speak to him; and if he stand and say, I will not take her:

9 then his brother's wife shall come forward before the elders, and shall loose one shoe from off his foot, and shall spit in his face, and shall answer and say, Thus shall they do to the man who will not build his brother's house in Israel.

Footnotes

• [a]. has not been willing.