Topical Bible: Inheritance: Provisions for Inheritance Under Levirate Marriages

◄ Inheritance: Provisions for Inheritance Under Levirate Marriages ►

Topical Encyclopedia

In the context of ancient Israelite society, inheritance was a crucial aspect of family and tribal continuity. The provisions for inheritance under levirate marriages are particularly significant, as they reflect the cultural and legal mechanisms designed to preserve family lineage and property within the tribes of Israel.

Levirate Marriage Defined

The term "levirate" is derived from the Latin word "levir," meaning "brother-in-law." Levirate marriage is a practice mandated by Mosaic Law, where a man is required to marry his deceased brother's widow if the brother died without leaving a male heir. This practice is outlined in Deuteronomy 25:5-10, which states:

"If brothers dwell together and one of them dies without having a son, the widow must not marry outside the family. Her husband’s brother is to take her as his wife and fulfill the duty of a brother-in-law to her. The first son she bears will carry on the name of the dead brother, so that his name will not be blotted out from Israel." (Deuteronomy 25:5-6)

Purpose and Significance

The primary purpose of levirate marriage was to ensure the continuation of the deceased brother's name and lineage. This was not only a matter of familial honor but also a practical necessity for maintaining the inheritance within the family. In ancient Israel, land was a critical asset, and keeping it within the family was essential for economic stability and tribal identity.

Inheritance Rights

Under levirate marriage, the firstborn son of the union between the widow and her brother-in-law was considered the legal heir of the deceased brother. This child would inherit the deceased's property and carry on his name. This provision ensured that the deceased's estate remained within the family and that his lineage continued.

The inheritance rights under levirate marriage also served to protect the widow. By marrying her brother-in-law, the widow was provided with security and a place within the family structure, preventing her from becoming destitute or marginalized.

Cultural and Legal Implications

The practice of levirate marriage highlights the importance of family and tribal continuity in Israelite society. It underscores the belief that family lines should not be extinguished and that property should remain within the tribal boundaries as allocated by God. This practice also reflects the communal responsibility to care for widows and ensure their welfare.

Biblical Examples

One of the most notable examples of levirate marriage in the Bible is the account of Ruth and Boaz. Although not a direct levirate marriage, the narrative reflects similar principles. Boaz, as a kinsman-redeemer, marries Ruth, the widow of Mahlon, to preserve the family line and property. This account is found in the Book of Ruth and illustrates the broader application of levirate principles in Israelite society.

Legal Exceptions and Refusals

While levirate marriage was a duty, there were provisions for refusal. If a man did not wish to marry his brother's widow, she could perform a public act of renunciation, known as "halitzah," which involved removing his sandal and spitting in his face, as described in Deuteronomy 25:7-10. This act released the man from his obligation, but it also carried a social stigma, as it was seen as a failure to fulfill familial duty.

In summary, the provisions for inheritance under levirate marriages were integral to maintaining family and tribal integrity in ancient Israel. They ensured the continuation of family lines, protected the rights of widows, and preserved the divinely allocated inheritance within the tribes.

Nave's Topical Index

Genesis 38:7-11
And Er, Judah's firstborn, was wicked in the sight of the LORD; and the LORD slew him.
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Numbers 36:6-9
This is the thing which the LORD does command concerning the daughters of Zelophehad, saying, Let them marry to whom they think best; only to the family of the tribe of their father shall they marry.
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Deuteronomy 25:5-10
If brothers dwell together, and one of them die, and have no child, the wife of the dead shall not marry without to a stranger: her husband's brother shall go in to her, and take her to him to wife, and perform the duty of an husband's brother to her.
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Ruth 3:1-8
Then Naomi her mother in law said to her, My daughter, shall I not seek rest for you, that it may be well with you?
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Ruth 4:7-17
Now this was the manner in former time in Israel concerning redeeming and concerning changing, for to confirm all things; a man plucked off his shoe, and gave it to his neighbor: and this was a testimony in Israel.
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