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Text -- Deuteronomy 25:5 (NET)
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collapse allCommentary -- Word/Phrase Notes (per phrase)
Wesley: Deu 25:5 - -- In the same town, or at least country. For if the next brother had removed his habitation into remote parts, on were carried thither into captivity, t...
In the same town, or at least country. For if the next brother had removed his habitation into remote parts, on were carried thither into captivity, then the wife of the dead had her liberty to marry the next kinsman that lived in the same place with her.
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Wesley: Deu 25:5 - -- Any of them, for the words are general, and the reason of the law was to keep up the distinction of tribes and families, that so the Messiah might be ...
Any of them, for the words are general, and the reason of the law was to keep up the distinction of tribes and families, that so the Messiah might be discovered by the family from which he was appointed to proceed; and also of inheritances, which were divided among all the brethren, the first-born having only a double portion.
JFB -> Deu 25:5-10
JFB: Deu 25:5-10 - -- This usage existed before the age of Moses (Gen 38:8). But the Mosaic law rendered the custom obligatory (Mat 22:25) on younger brothers, or the neare...
This usage existed before the age of Moses (Gen 38:8). But the Mosaic law rendered the custom obligatory (Mat 22:25) on younger brothers, or the nearest kinsman, to marry the widow (Rth 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.
Calvin -> Deu 25:5
Calvin: Deu 25:5 - -- 5.If brethren dwell together, and one of them die. This law has some similarity with that which permits a betrothed person to return to the wife, who...
5.If brethren dwell together, and one of them die. This law has some similarity with that which permits a betrothed person to return to the wife, whom he has not yet taken; since the object of both is to preserve to every man what he possesses, so that he may not be obliged to leave it to strangers, but that he may have heirs begotten of his own body: for, when a son succeeds to the father, whom he represents, there seems to be hardly any change made. Hence, too, it is manifest how greatly pleasing to God it is that no one should be deprived of his property, since He makes a provision even for the dying, that what they could not resign to others without regret and annoyance, should be preserved to their offspring. Unless, therefore, his kinsman should obviate the dead man’s childlessness, this inhumanity is accounted a kind of theft. For, since to be childless was a curse of God, it was a consolation in this condition to hope for a borrowed offspring, that the name might not be altogether extinct.
Since we now understand the intention of the law, we must also observe that the word brethren does not mean actual brothers, but cousins, and other kinsmen, whose marriage with the widows of their relative would not have been incestuous; otherwise God would contradict Himself. But these two things are quite compatible, that no one should uncover the nakedness of his brother, and yet that a widow should not marry out of her husband’s family, until she had raised up seed to him from some relation. In fact, Boaz did not marry Ruth because he was the brother of her deceased husband, but only his near kinsman. If any should object that it is not probable that other kinsmen should dwell together, I reply that this passage is improperly supposed to refer to actual living together, as if they dwelt in the same house, but that the precept is merely addressed to relations, whose near residence rendered it convenient to take the widows to their own homes; for, if any lived far away, liberty was accorded to both to seek the fulfillment of the provision elsewhere. Surely it is not probable that God would have authorized an incestuous marriage, which He had before expressed His abomination of. Nor can it be doubted, as I have above stated, but that the like necessity was imposed upon the woman of offering herself to the kinsman of her former husband; and although there was harshness in this, still she seemed to owe this much to his memory, that she should willingly raise up seed to the deceased; yet, if any one think differently, I will not contend the point with him. If, however, she were not obliged to do so, it was absurd that she should voluntarily obtrude herself: nor was there any other reason why she should bring to trial the kinsman, from whom she had suffered a repulse, except that she might acquire the liberty of marrying into another family. Yet it is not probable that he was to be condemned to an ignominious punishment, without being admitted to make his defense, because sometimes just reasons for refusal might be alleged. This disgrace, therefore, was only a penalty for inhumanity or avarice. By giving up his shoe, he renounced his right of relationship, and gave it up to another: for, by behaving so unkindly towards the dead, he became unworthy of reaping any of the advantages of his relationship.
Defender -> Deu 25:5
Defender: Deu 25:5 - -- Deu 25:5-10 describes the rules applicable to so-called "Levirate marriages," the word "levirate" derived from a Latin word meaning "brother-in-law." ...
Deu 25:5-10 describes the rules applicable to so-called "Levirate marriages," the word "levirate" derived from a Latin word meaning "brother-in-law." If the brother either would not or could not fulfill this responsibility, the right and responsibility passed to the nearest kinsman (Rth 2:20; Rth 4:1-10)."
TSK -> Deu 25:5
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collapse allCommentary -- Word/Phrase Notes (per Verse)
Barnes -> Deu 25:5-10
Barnes: Deu 25:5-10 - -- The law of levirate marriage. The law on this subject is not unique to the Jews, but is found (see Gen 38:8) in all essential respects the same amon...
The law of levirate marriage. The law on this subject is not unique to the Jews, but is found (see Gen 38:8) in all essential respects the same among various Oriental nations, ancient and modern. The rules in these verses, like those upon divorce, do but incorporate existing immemorial usages, and introduce various wise and politic limitations and mitigations of them. The root of the obligation here imposed upon the brother of the deceased husband lies in the primitive idea of childlessness being a great calamity (compare Gen 16:4; and note), and extinction of name and family one of the greatest that could happen (compare Deu 9:14; Psa 109:12-15). To avert this the ordinary rules as to intermarriage are in the case in question (compare Lev 18:16) set aside. The obligation was onerous (compare Rth 4:6), and might be repugnant; and it is accordingly considerably reduced and restricted by Moses. The duty is recognized as one of affection for the memory of the deceased; it is not one which could be enforced at law. That it continued down to the Christian era is apparent from the question on this point put to Jesus by the Sadducees (see the marginal references).
No child - literally, "no son."The existence of a daughter would clearly suffice. The daughter would inherit the name and property of the father; compare Num 27:1-11.
Loose his shoe from off his foot - In token of taking from the unwilling brother all right over the wife and property of the deceased. Planting the foot on a thing was an usual symbol of lordship and of taking possession (compare Gen 13:17; Jos 10:24), and loosing the shoe and handing it to another in like manner signified a renunciation and transfer of right and title (compare Rth 4:7-8; Psa 60:8, and Psa 108:9). The widow here is directed herself, as the party slighted and injured, to deprive her brother-law of his shoe, and spit in his face (compare Num 12:14). The action was intended to aggravate the disgrace conceived to attach to the conduct of the man.
The house ... - Equivalent to "the house of the barefooted one."To go barefoot was a sign of the most abject condition; compare 2Sa 15:30.
Poole -> Deu 25:5
Poole: Deu 25:5 - -- Brethren strictly so called, as is evident from Deu 25:7 Gen 38:8 Rth 1:13 Mat 22:24,25 . Dwell together; either,
1. Strictly, in the same house or ...
Brethren strictly so called, as is evident from Deu 25:7 Gen 38:8 Rth 1:13 Mat 22:24,25 . Dwell together; either,
1. Strictly, in the same house or family; which is not probable, because the married brother may be presumed to have left his father’ s house, and set up a family of his own. Or,
2. More largely, in the same town or city, or, at least, country. This is added for a relief of their consciences, that if the next brother had removed his habitation into remote parts, or were carried thither into captivity, which God foresaw would be their case, then the wife of the dead had her liberty to marry to the next kinsman that lived in the same place with her. One of them ; either,
1. The first and eldest of them, as it was practised, Gen 38:6 , &c., and expounded, Mat 22:25 ; one being oft put for the first, as Gen 1:5 2:11 Hag 1:1 Mar 16:2 . And the chief care was about the first-born, who were invested with singular privileges, and were types of Christ. Or,
2. Any of them, for the words are general, and so the practice may seem to have been, Ru 3 ; and the reason of the law may seem to be in a great measure the same, which was to keep up the distinction, as of tribes and families, that so the Messias might be discovered by the family from which he was appointed to proceed, so also of inheritances, which were divided among all the brethren, the first-born having only a double portion.
Have no child Heb. no son . But son is oft put for any child , male or female, both in Scripture and other authors; and therefore the Hebrew no son is rendered no child here, as it is in effect, Mat 22:24 Mar 12:19 Luk 20:28 . And indeed this caution was not necessary when there was a daughter, whose child might be adopted into the name and family of its grandfather.
Unto a stranger i.e. to one of another family, as that word is oft used.
Her husband’ s brother shall go in unto her except he was married himself, as may appear by other scriptures, and by the reason of the thing, and, as some add, from the phrase of dwelling together , to wit, in their father’ s family.
Haydock -> Deu 25:5
Haydock: Deu 25:5 - -- Together, as the sons of Juda did: (Genesis xxxviii. 8,) though custom (Calmet) and analogy extend this to other brothers, at least to those who live...
Together, as the sons of Juda did: (Genesis xxxviii. 8,) though custom (Calmet) and analogy extend this to other brothers, at least to those who live in the promised land, and have the inheritance in common, as appears from the history of Ruth, Ruth i. 13, &c. Noemi supposes that all the sons whom she might have had, would have been under the same obligation towards her daughter-in-law. The Rabbins restrain this law as much as they can, asserting that if the deceased left an adopted or natural child, the brother need not marry his widow, nor was any obliged but the next in age, and not married. St. Justin (q. 132,) teaches the reverse. (Calmet) ---
Half-brothers were included, (Menochius) and indeed every relation, in order, who, upon the refusal of the next heir, wished to take possession of the deceased person's land, Ruth iv. (Haydock) ---
The Jews no longer observe this law, as they have not possession of Chanaan. (Cuneus i. 7.) ---
Fagius asserts that it was neglected after the captivity of Babylon, because the inheritances were confounded. (Calmet) ---
This, however, does not seem to have been the opinion of those who have undertaken to reconcile the genealogy of our Saviour, given by Sts. Matthew and Luke, by supposing that St. Joseph was the son of Jacob by birth, and of Heli according to the law. (St. Hilary) Africanus says (Ep. to Aristides) that "Heli dying without issue, Jacob was obliged to marry his widow, by whom he had Joseph, a descendant of Solomon by Jacob, and of Nathan by Heli," as their common mother, Esta, had married successively Mathan and Melchi, (or rather Mathat) who sprung from those two branches of David's family. (Dupin) (Haydock) ---
The Athenians followed a similar regulation with respect to orphan young women, whom the next of kin were bound to marry and to endow. The Tartars assert their right to marry the widows of their brethren. The Egyptians did not consider the marriage as real, nor any relationship contracted, in case the woman had no issue, on which principle there was no impediment ot prevent the brother from marrying the widow of his brother. On other occasions such contracts were declared illegal, Leviticus xviii. 16. (Calmet) ---
This was a positive law, (Worthington; Genesis xxxviii.) which admitted of an exception.
Gill -> Deu 25:5
Gill: Deu 25:5 - -- If brethren dwell together,.... Not only in the same country, province, town, or city, but in the same house; such who had been from their youth broug...
If brethren dwell together,.... Not only in the same country, province, town, or city, but in the same house; such who had been from their youth brought up together in their father's house, and now one of them being married, as the case put supposes, they that were unmarried might live with him, and especially if the father was dead; and so may except such as were abroad, and in foreign countries, or at such a distance that this law coals not well be observed by them; though the Targum of Jonathan, and so Jarchi, interpret it of their being united in an inheritance, all by virtue of relation having a claim to their father's inheritance; so that it mattered not where they dwelt, it is the relation that is regarded, and their right of inheritance; and the above Targum describes them as brethren on the father's side, and so Jarchi says excepts his brother on the mother's side; for brethren by the mother's side, in case of inheritance, and the marrying of a brother's wife, were not reckoned brethren, as Maimonides h observes; who adds, that there is no brotherhood but on the father's side. Some think that when there were no brethren in a strict and proper sense, the near kinsmen, sometimes called brethren, were to do the office here enjoined, and which they conclude from the case of Boaz and Ruth; but Aben Ezra contradicts this, and says that instance is no proof of it, it respecting another affair, not marriage, but redemption; and says that brethren, absolutely and strictly speaking are here meant; which is agreeably to their tradition i:
and one of them die, and have no child: son, or daughter, son's son, or daughter's son, or daughter's daughter, as Jarchi notes; if there were either of these, children or grandchildren, of either sex, there was no obligation to marry a brother's wife; so, in the case put to Christ, there was no issue, the person was childless, Mat 22:24,
the wife of the dead shall not marry without unto a stranger; by whom is meant not a Gentile, or a proselyte of the gate, or of righteousness, but any Israelite whatever, that was not of her husband's family; she might not marry out of the family; that is, she was refused by all, the design of the law being to secure inheritances, and continue them in families to which they belonged:
her husband's brother shall go in unto her, and take her to him to wife; that is, supposing him to be unmarried, and this is indeed supposed in the first clause of the text, by dwelling with his brother; for had he been married, he would have dwelt with his wife and family apart; besides, if this law obliged a married man to marry his brother's wife, polygamy would be required and established by a law of God, which was never otherwise than permitted. This is to be understood of the eldest brother, as Jarchi, who is in an unmarried state; so it is said in the Misnah k,"the command is upon the eldest to marry his brother's wife; if he will not, they go to all the brethren; if they will not, they return to the eldest; and say to him, upon thee is the commandment, either allow the shoe to be plucked off, or marry;''and such a course we find was taken among the Jews in our Lord's time, Mat 22:25,
and perform the duty of an husband's brother to her; cohabit together as man and wife, in order to raise up seed to his brother, and perform all the offices and duties of an husband to a wife; but the marriage solemnity was not to take place when it was agreed to, until three months or ninety days had passed from the death of the brother, that it might be known whether she was with child or no by her husband, and in such a case this law had no force; so runs the Jewish canon l"a brother's wife may not pluck off the shoe, nor be married, until three months;''that is, after her husband's death.
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expand allCommentary -- Verse Notes / Footnotes
NET Notes: Deu 25:5 This is the so-called “levirate” custom (from the Latin term levir, “brother-in-law”), an ancient provision whereby a man who ...
Geneva Bible -> Deu 25:5
Geneva Bible: Deu 25:5 If brethren dwell together, and one of them die, and have no child, the wife of the dead shall not marry without unto a stranger: her ( d ) husband's ...
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expand allCommentary -- Verse Range Notes
TSK Synopsis -> Deu 25:1-19
TSK Synopsis: Deu 25:1-19 - --1 Stripes must not exceed forty.4 The ox is not to be muzzled.5 Of raising seed unto a brother.11 Of the immodest woman.13 Of unjust weights and measu...
MHCC -> Deu 25:5-12
MHCC: Deu 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.
Matthew Henry -> Deu 25:5-12
Matthew Henry: Deu 25:5-12 - -- Here is, I. The law settled concerning the marrying of the brother's widow. It appears from the story of Judah's family that this had been an ancien...
Keil-Delitzsch -> Deu 25:5-10
Keil-Delitzsch: Deu 25:5-10 - --
On Levirate Marriages. - Deu 25:5, Deu 25:6. If brothers lived together, and one of them died childless, the wife of the deceased was not to be marr...
Constable: Deu 5:1--26:19 - --IV. MOSES' SECOND MAJOR ADDRESS: AN EXPOSITION OF THE LAW chs. 5--26
". . . Deuteronomy contains the most compre...
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Constable: Deu 12:1--25:19 - --B. An exposition of selected covenant laws 12-25
Moses' homiletical exposition of the law of Israel that...
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Constable: Deu 24:8--26:1 - --9. Laws arising from the ninth commandment 24:8-25:19
The ninth commandment is, "You shall not b...
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Constable: Deu 25:5-19 - --10. Laws arising from the tenth commandment 25:5-19
The tenth commandment is, "You shall not cov...
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