Deuteronomy 25:7

7 But suppose the man doesn't want to get married to his brother's wife. Then she will go to the elders at the gate of the town. She will say, "My husband's brother refuses to keep his brother's name alive in Israel. He won't do for me what a brother-in-law is supposed 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 Suppose two brothers are living near each other. And one of them dies without having a son. Then his widow must not get married to anyone outside the family. Her husband's brother should marry her. That's what a brother-in-law is supposed to do.

6 Her first baby boy will be named after her first husband. Then the dead man's name will not be wiped out in Israel.

7 But suppose the man doesn't want to get married to his brother's wife. Then she will go to the elders at the gate of the town. She will say, "My husband's brother refuses to keep his brother's name alive in Israel. He won't do for me what a brother-in-law is supposed to do."

8 Then the elders in his town will send for him. They will talk to him. But he still might say, "I don't want to marry her."

9 Then his brother's widow will go up to him in front of the elders. She'll pull one of his sandals off his foot. She'll spit in his face. And she'll say, "That's what we do to a man who won't build up his brother's family line."