Deuteronomy 25:10

And his name shall be called in Israel, The house of him that hath his shoe loosed.

EXPOSITORY (ENGLISH BIBLE)

Matthew Henry's Concise Commentary

25:5-12 The custom here regulated seems to have been in the Jewish law in order to keep inheritances distinct; now it is unlawful.

Barnes' Notes on the Bible

The house ... - Equivalent to "the house of the barefooted one." To go barefoot was a sign of the most abject condition; compare 2 Samuel 15:30.

Jamieson-Fausset-Brown Bible Commentary

5-10. the wife of the dead shall not marry without unto a stranger: her husband's brother … shall take her to him to wife—This usage existed before the age of Moses (Ge 38:8). But the Mosaic law rendered the custom obligatory (Mt 22:25) on younger brothers, or the nearest kinsman, to marry the widow (Ru 4:4), by associating the natural desire of perpetuating a brother's name with the preservation of property in the Hebrew families and tribes. If the younger brother declined to comply with the law, the widow brought her claim before the authorities of the place at a public assembly (the gate of the city); and he having declared his refusal, she was ordered to loose the thong of his shoe—a sign of degradation—following up that act by spitting on the ground—the strongest expression of ignominy and contempt among Eastern people. The shoe was kept by the magistrate as an evidence of the transaction, and the parties separated.

Matthew Poole's Commentary

i.e. His person, names being oft put for persons, and his posterity also. So it was a lasting blot.

Gill's Exposition of the Entire Bible

And his name shall be called in Israel,.... Not his particular and personal name, but his family; for it seems that not only a mark of infamy was set upon him for refusing to marry his brother's widow, but upon his family also:

the house of him that hath his shoe loosed; which, as Leo of Modena says (s), was repeated by her three times; and at every time the people with a loud voice answer and call him, one that had his shoe loosed; and then the Rabbin tells the man that he is at liberty now to marry whom he pleases; and if he desires a certificate from them of this setting free his kinswoman, they presently give him one; and she also had a writing given to her by the judges, certifying the same, that she was free also to marry another; of which the following is a short form or copy (t)."In such or such a session (or court), such an one, the daughter of such an one, plucked off the shoe of such an one, the son of such an one, before us; she brought him before us, and she loosed the shoe of his right foot, and spit before him spittle, which was seen by us upon the ground; and said, so shall it be done to the man that would not build up his brother's house.''A larger form may be seen in Maimonides (u), as well as a type and copy of the matrimonial contract. From this law an high priest was free, Leviticus 21:14; and so a king, according to the Jewish canon (w).

(s) History, ut supra, sect. 5. (Leo Modena's History of Rites, &c. l. 1. sect. 5.) (t) T. Hieros. Sanhedrin, fol. 19. 1.((u) Hilchot Yebum Vechalitzah, c. 4. sect. 29. (w) Misn. Sanhedrin, c. 2. sect. 2.

Geneva Study Bible

And his name shall be called in Israel, The house of him that hath his shoe loosed.

EXEGETICAL (ORIGINAL LANGUAGES)

Cambridge Bible for Schools and Colleges

10. his name shall be called in Israel] Ruth 4:14.

the family of him whose sandal was stripped off.

Deuteronomy 25:10

Keil and Delitzsch Biblical Commentary on the Old Testament

On Levirate Marriages. - Deuteronomy 25:5, Deuteronomy 25:6. If brothers lived together, and one of them died childless, the wife of the deceased was not to be married outside (i.e., away from the family) to a strange man (one not belonging to her kindred); her brother-in-law was to come to her and take her for his wife, and perform the duty of a brother-in-law to her. יבּם, denom. from יבם, a brother-in-law, husband's brother, lit., to act the brother-in-law, i.e., perform the duty of a brother-in-law, which consisted in his marrying his deceased brother's widow, and begetting a son of children with her, the first-born of whom was "to stand upon the name of his deceased brother," i.e., be placed in the family of the deceased, and be recognised as the heir of his property, that his name (the name of the man who had died childless) might not be wiped out or vanish out of Israel. The provision, "without having a son" (ben), has been correctly interpreted by the lxx, Vulg., Josephus (Ant. iv. 8, 23), and the Rabbins, as signifying childless (having no seed, Matthew 22:25); for if the deceased had simply a daughter, according to Numbers 27:4., the perpetuation of his house and name was to be ensured through her. The obligation of a brother-in-law's marriage only existed in cases where the brothers had lived together, i.e., in one and the same place, not necessarily in one house or with a common domestic establishment and home (vid., Genesis 13:6; Genesis 36:7). - This custom of a brother-in-law's (Levirate) marriage, which is met with in different nations, and as an old traditional custom among the Israelites (see at Genesis 38:8.), had its natural roots in the desire inherent in man, who is formed for immortality, and connected with the hitherto undeveloped belief in an eternal life, to secure a continued personal existence for himself and immorality for his name, through the perpetuation of his family and in the life of the son who took his place. This desire was not suppressed in Israel by divine revelation, but rather increased, inasmuch as the promises given to the patriarchs were bound up with the preservation and propagation of their seed and name. The promise given to Abraham for his seed would of necessity not only raise the begetting of children in the religious views of the Israelites into the work desired by God and well-pleasing to Him, but would also give this significance to the traditional custom of preserving the name and family by the substitution of a marriage of duty, that they would thereby secure to themselves and their family a share in the blessing of promise. Moses therefore recognised this custom as perfectly justifiable; but he sought to restrain it within such limits, that it should not present any impediment to the sanctification of marriage aimed at by the law. He took away the compulsory character, which it hitherto possessed, by prescribing in Deuteronomy 25:7., that if the surviving brother refused to marry his widowed sister-in-law, she was to bring the matter into the gate before the elders of the town (vid., Deuteronomy 21:19), i.e., before the magistrates; and if the brother-in-law still persisted in his refusal, she was to take his shoe from off his foot and spit in his face, with these words: "So let it be done to the man who does not build up his brother's house."

The taking off of the shoe was an ancient custom in Israel, adopted, according to Ruth 4:7, in cases of redemption and exchange, for the purpose of confirming commercial transactions. The usage arose from the fact, that when any one took possession of landed property he did so by treading upon the soil, and asserting his right of possession by standing upon it in his shoes. In this way the taking off of the shoe and handing it to another became a symbol of the renunciation of a man's position and property, - a symbol which was also common among the Indians and the ancient Germans (see my Archologie, ii. p. 66). But the custom was an ignominious one in such a case as this, when the shoe was publicly taken off the foot of the brother-in-law by the widow whom he refused to marry. He was thus deprived of the position which he ought to have occupied in relation to her and to his deceased brother, or to his paternal house; and the disgrace involved in this was still further heightened by the fact that his sister-in-law spat in his face. This is the meaning of the words (cf. Numbers 12:14), and not merely spit on the ground before his eyes, as Saalschtz and others as well as the Talmudists (tr. Jebam. xii. 6) render it, for the purpose of diminishing the disgrace. "Build up his brother's house," i.e., lay the foundation of a family or posterity for him (cf. Genesis 16:2). - In addition to this, the unwilling brother-in-law was to receive a name of ridicule in Israel: "House of the shoe taken off" (הנּעל חלוּץ, taken off as to his shoe; cf. Ewald, 288, b.), i.e., of the barefooted man, equivalent to "the miserable fellow;" for it was only in miserable circumstances that the Hebrews went barefoot (vid., Isaiah 20:2-3;