Deuteronomy 25:7

7 But if the man doesn't want to marry his brother's widow, she must go to the leaders of the city at the city gate. She must say, "My brother-in-law refuses to let his brother's name continue in Israel. He doesn't want to do his duty as my brother-in-law."

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 When brothers live together and one of them dies without having a son, his widow must not marry outside the family. Her husband's brother must marry her and sleep with her. He must do his duty as her brother-in-law.

6 Then the first son she has will carry the dead brother's name so that his name won't die out in Israel.

7 But if the man doesn't want to marry his brother's widow, she must go to the leaders of the city at the city gate. She must say, "My brother-in-law refuses to let his brother's name continue in Israel. He doesn't want to do his duty as my brother-in-law."

8 Then the leaders of the city must summon him and talk to him. If he persists in saying that he doesn't want to marry her,

9 his brother's widow must go up to him in the presence of the leaders. She must take off one of his sandals and spit in his face. She must make this formal statement: "This is what happens to a man who refuses to continue his brother's family line."