Marrying Dead Brother's Wife: Sin Or Not?

The question of whether it is a sin to marry one's dead brother's wife has been a topic of debate for centuries, with different religious traditions and interpretations offering varying perspectives. This practice, known as levirate marriage, stems from the belief that it is the duty of the surviving brother to provide an heir for his deceased brother by marrying the widow. While some religious texts, such as Deuteronomy 25:5, seem to support this practice under specific circumstances, other texts, like Leviticus 20:21, condemn it as a severe defilement. The interpretation of these conflicting verses has led to differing views within religious communities, with some considering it a sin and others seeing it as permissible or even obligatory in certain situations.

Levirate marriage: a marriage with a brother-in-law

Levirate marriage, or "a marriage with a brother-in-law", is a type of marriage in which the brother of a deceased man is obliged to marry his brother's widow. The term levirate comes from the Latin word levir, meaning "husband's brother".

In ancient times, if a man died without a child, it was common for the man's unmarried brother to marry the widow in order to provide an heir for the deceased. A widow would marry a brother-in-law, and the first son produced in that union was considered the legal descendant of her dead husband.

The practice of levirate marriage is strongly associated with patriarchal societies and has been observed in societies with a strong clan structure, where exogamous marriage (marriage outside the clan) is forbidden. In such societies, women are typically under the authority of, dependent on, or regarded as possessions of their husbands, and must rely on men to provide for them. Levirate marriage can serve as protection for the widow and her children, ensuring that they have a male provider and protector.

Levirate marriage is mentioned in the Hebrew Bible, specifically in Deuteronomy 25:5–10, under which the brother of a man who dies without children is permitted and encouraged to marry the widow. This is known as yibbum in Hebrew. Either party may refuse to go through with the marriage, but both must then go through a ceremony known as halizah, involving a symbolic act of renunciation of a yibbum marriage. Sexual relations with one's brother's wife are otherwise forbidden by Leviticus 18 and Leviticus 20.

Jewish custom has seen a gradual decline of yibbum in favor of halizah, and in most contemporary Jewish communities, as well as in Israel by mandate of the Chief Rabbinate, yibbum is prohibited. However, the practice of levirate marriage is still observed in parts of the world today and has been recorded throughout history in various societies, including in Central Asia, the Inca civilization, India, Japan, and several African and Middle Eastern countries.

Leviticus 20:21: And if a man shall take his brother's wife, it is an unclean thing

Leviticus 20:21 states:

> "And if a man shall take his brother's wife, it is an unclean thing: he hath uncovered his brother's nakedness; they shall be childless."

This verse is part of a passage in Leviticus that outlines various sexual immoralities and their consequences. The passage begins with a warning against sacrificing children to Molek, a pagan god, and then lists several forbidden sexual practices, including adultery, incest, bestiality, and homosexuality. Each of these practices is described as an "abomination" or "detestable" in the eyes of God and is punishable by death or other severe consequences.

In the case of a man marrying his brother's wife, the act is described as an "unclean thing" or "impurity". The Hebrew word used here, "niddah", often refers to ceremonial uncleanness but also signifies a moral and spiritual defilement. By marrying his brother's wife, the man is seen as dishonouring and violating his brother, exposing his brother's nakedness. This phrase implies a deep violation of trust and respect within the family. The consequence of this act is childlessness, indicating God's disapproval and serving as a deterrent to others.

This law served several purposes in ancient Israelite society. Firstly, it maintained family integrity and protected family honour, which was of paramount importance. Secondly, it ensured that property and inheritance remained within the family line. Finally, it reflected the biblical principle that sin has tangible consequences, affecting not only the individual but also their legacy and future generations.

While this law is found in the Old Testament, it is worth noting that New Testament passages such as Matthew 14:3-4 and Mark 6:17-18 also refer to this practice. In these passages, John the Baptist rebukes Herod for marrying his brother's wife, indicating that this law was still considered relevant and important in New Testament times.

Deuteronomy 25:5: Her husband's brother shall take her and marry her

The Bible verse Deuteronomy 25:5 states:

> "If brothers are living together and one of them dies without a son, his widow must not marry outside the family. Her husband’s brother shall take her and marry her and fulfill the duty of a brother-in-law to her."

This verse is part of the law of levirate marriage, which was practised in ancient Israel and other ancient Near Eastern societies. The law aimed to protect widows, who were often vulnerable, and to ensure the continuity of the deceased brother's lineage and inheritance.

The Hebrew word for "brothers" can refer to biological brothers or close kin, and "brother-in-law" specifically refers to the role of the surviving brother in this context. The surviving brother had a sacred responsibility to marry his brother's widow, and this was not merely a familial obligation. This duty included providing an heir and caring for the widow, ensuring her well-being and integration into the family.

The law also specified that the widow could not marry outside of the family, and if the surviving brother refused to marry her, he would be publicly disgraced.

This law is referenced in the New Testament in Matthew 22:24, Mark 12:19, and Luke 20:28, where Jesus is questioned about it by the Sadducees.

Childlessness: Leviticus states that the punishment for such an action will be infertility

Marrying a deceased brother's wife is a complex issue that has been the subject of debate and controversy throughout history. While some religious traditions may view it as a sin, others have allowed or even encouraged it under specific circumstances. Let's explore the perspectives provided by different sources.

According to Leviticus 20:21 in the Bible, "And if a man shall take his brother's wife, it is an unclean thing: he hath uncovered his brother's nakedness; they shall be childless." This verse clearly states that marrying one's brother's wife is forbidden and that the consequence of such an action will be infertility or childlessness. The punishment for adultery, in contrast, was death, indicating that this act was considered separate from adultery.

The book of Leviticus presents a blanket condemnation of marrying a brother's wife, regardless of the circumstances. It emphasizes the severity of the defilement and the disgrace brought upon the brother. This interpretation is supported by the fact that adultery is already prohibited, so specifying a list of forbidden relations, including a brother's wife, reinforces the permanence of this prohibition even after the brother's death.

Deuteronomy: An Exception to the Rule

On the other hand, Deuteronomy 25:5 offers a different perspective: "If brothers dwell together, and one of them dies without a son, the widow of the dead man shall not be married outside the family to a strange man. Her husband's brother shall have relations with her and take her to himself as his wife and perform the duty of a husband's brother to her." Here, we see an exception to the rule stated in Leviticus. If a man dies without a son, his widow is not allowed to marry outside the family, and it becomes the duty of the deceased man's brother to marry her and provide an heir to continue the family name and inheritance. This practice is known as levirate marriage and was common in ancient times.

Historical Examples and Interpretations

The story of Tamar and Onan in Genesis 38 provides an example of levirate marriage. After Tamar's husband, Er, died, his brother Onan was instructed to sleep with Tamar and fulfill his duty as a brother-in-law to raise offspring for his brother. However, Onan did not want to impregnate Tamar and was punished by God for his actions.

Another example is found in the story of Ruth and Boaz, where Ruth's first husband died without leaving a child. Later, she met Boaz, a relative of her late husband, and asked him to be her "kinsman-redeemer," marrying her and preserving her late husband's land.

The interpretation of these verses and their applicability in modern times have been debated by theologians and religious authorities. For instance, the question of whether King Henry VIII's marriage to his brother's widow, Catherine of Aragon, was permissible led to extensive theological discussions and ultimately contributed to the split between the Catholic Church and the Church of England.

Exception: Deuteronomy is an exception to condemnation in Leviticus

The Bible contains two verses that appear to give conflicting instructions on whether a man can marry his brother's wife. In Leviticus 20:21, it is stated that "if a man takes his brother's wife, it is severe defilement and he has disgraced his brother; they shall be childless". However, Deuteronomy 25:5 presents an exception to this rule: "When brothers live together and one of them dies without 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 for her".

This apparent contradiction has been a topic of debate since the beginning of Church history, with various interpretations proposed to reconcile the two verses. One interpretation suggests that Leviticus should be taken literally, while Deuteronomy is spiritual. However, this argument has been criticised for its arbitrariness and lack of consideration for the literal foundation underlying the allegorical interpretation.

Another perspective argues that Leviticus forbids intercourse with a brother's wife while the brother is still alive, thus allowing for a younger brother to marry the widow of an older brother who died childless. This interpretation, however, has been deemed redundant as adultery is already condemned elsewhere in the Bible.

A more widely accepted resolution, supported by theologians such as St. Augustine, St. John Fisher, and others, interprets Leviticus as forbidding a man to marry his brother's wife under any circumstances, whether she is a widow or not, except for one specific case: if the brother died without leaving any children. This interpretation honours the context of both scriptures and allows for the fulfilment of the obligation outlined in Deuteronomy.

The emphasis on children in both verses further supports this reconciliation. Leviticus states that the consequence of such an action will be infertility, while Deuteronomy highlights the importance of having children with the widow on behalf of the deceased brother.

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