Deuteronomy 25:7

7 And if he will not take the wife of his brother, which is due to him by law, the woman shall go to the gate of the city; and she shall ask the greater men in birth, and she shall say to them, My husband's brother will not raise the seed of his brother in Israel, neither he will take me into marriage (and she shall say to the men of great age, that is, the elders, My husband's brother will not raise up his brother's descendants in Israel, nor will he take me into marriage).

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 brethren dwell together, and one of them is dead without free children, the wife of the dead brother shall not be wedded to another man, but his brother shall take her, and he shall raise (up) the seed of his brother.

6 And he shall call her first begotten son by his name, that is, of the dead brother, (so) that his name be not done away from Israel.

7 And if he will not take the wife of his brother, which is due to him by law, the woman shall go to the gate of the city; and she shall ask the greater men in birth, and she shall say to them, My husband's brother will not raise the seed of his brother in Israel, neither he will take me into marriage (and she shall say to the men of great age, that is, the elders, My husband's brother will not raise up his brother's descendants in Israel, nor will he take me into marriage).

8 And at once they shall make him to be called, and they shall ask him. If he answer, and say, I will not take her to wife (And If he answer, and say, I will not take her for a wife);

9 the woman shall go to him before the elder men of Israel, and she shall take his shoe off from his foot (and she shall take off the shoe from his foot), and she shall spit into his face, and she shall say to them, Thus it shall be done to the man, that buildeth not his brother's house;