Devarim 25:7

7 And if the ish like not to take his brother’s isha, then let his brother’s isha go up to the sha’ar unto the zekenim, and say, My husband’s brother refuseth to raise up unto his brother a shem in Yisroel, he will not perform the levirate marriage with me.

Devarim 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.

Devarim 25:7 In-Context

5 If achim dwell together, and one of them die, and ben ain lo (have no child), the eshet hamet (wife of the dead) shall not marry outside unto an ish zar (strange man); her yevam (deceased husband’s brother) shall go in unto her, and take her to him as a wife, and perform the levirate marriage.

6 And it shall be, that the bechor which she beareth shall succeed in the shem of his brother which is dead, that shmo be not blotted out from Yisroel [see Ruth].

7 And if the ish like not to take his brother’s isha, then let his brother’s isha go up to the sha’ar unto the zekenim, and say, My husband’s brother refuseth to raise up unto his brother a shem in Yisroel, he will not perform the levirate marriage with me.

8 Then the zekenim of his town shall call him, and speak unto him; and if he stand to it, and say, I like not to take her;

9 Then shall his brother’s isha come unto him in the presence of the zekenim, and remove his sandal from off his foot, and spit in his face, and shall answer and say, So shall it be done unto that ish that will not build up the bais achiv (the house of his brother).