Levirate Marriage: Addressing its Cultural and Theological Complications

(Please excuse any theological mistakes, I do not mean this to be the final word, simply some initial thoughts and my current understanding of the issues. May God's name and Word be held in high esteem and His Word stands supreme over any of what I might express here, this is what I believe at my current understanding)

In Ruth 4:13 the text reads, “So Boaz took Ruth, and she became his wife. And he went in to her … and she bore a son.” While this may appear to recount a regular marriage, it really symbolizes the contested legal tradition of levirate marriage. Levirate marriage in the Bible, as defined by E. W. Davies, “prescribed that a widow whose deceased husband had died without male heir marry one of his brothers, presumably the next eldest one who was himself unmarried.” Complications in practicing levirate marriage arise if the next brother is already married. If this man married his sister-in-law would he be engaging in adultery and polygamy? Does the Bible contradict itself and sanction such practices? Through a theological viewpoint, this study seeks to answer the questions raised. In Genesis, God designed and established marriage as a union between one man and woman who become “one flesh.” The same God instituted the Mosaic Law thereby sanctioning levirate marriage and providing legal provisions for its enforcement. In considering the practice, it appears polygamy is allowed; however, God from the beginning in Genesis and through his final revelation in the New Testament indicates marriage is between one man and woman. To present this argument an examination of levirate law in the Scriptures, a consideration of foundational preconceptions, the evaluation of adultery in relation to the law and the consideration of polygamy is required.

In examining levirate law within the Bible, several primary passages surface presenting its legal stipulation, its practice on Old and New Testament times. In Deuteronomy 25:5, the law reads, “If brothers dwell together, and one of them dies and has no son, the wife of the dead man shall not be married outside the family … Her husband’s brother shall go in to her and take her as his wife and perform the duty of a husband’s brother to her. And the first son whom she bears shall succeed to the name of his dead brother, that his name may not be blotted out of Israel.” Thus if a husband dies without heir, his wife is to marry a brother and produce an heir to preserve the family name. Later, the book of Ruth describes Boaz acting upon the law and marrying Mahlon’s wife, Ruth. The practice seems to continue through the time of Jesus, near late 100 B.C. and 1st century A.D, because certain religious leaders quoted this practice while asking him a trick question. The tense used in their question, “If a man dies having no children, his brother must marry the widow and raise up children for his brother” reveals levirate marriage remained in practice. Jesus’ answer in Matthew 22 does not negate the law, rather it explains a theological truth which eliminates the possible problem of multiple husbands for one woman in heaven. Thus from the early Old Testament law, to its application in Israelite society, to its mention and affirmation in the New Testament Jewish culture, levirate law plays a viable role within the Bible.

In determining whether levirate marriage constituted adultery and promoted or allowed polygamy, some definitions must be given. To define the difference between marriage and adultery the study utilizes the Judeo-Christian definition of marriage based on Yahweh’s revelation in Genesis 2:25. Christ, in discussing divorce and marriage quoted Genesis 1:27 and 2:25, verses describing a union of two who become one; additionally, Jesus bases the legal binding of the two upon God who “has joined [them] together.” This union, designed from the beginning continued to be approved and legitimized by God. Conversely, adultery is seen as separating this union and is specifically prohibited in Exodus 20:14. From this understanding of marriage the question then arises, whether levirate marriage was adultery by modifying the latter marriage model.

Given the established definition of marriage and adultery, it is critical to examine levirate marriage within its cultural and theological context. The Bible describes a levirate marriage occurrence before the establishment of the Mosaic Law. In Genesis 38, Judah’s son Er dies leaving Tamar his wife and no male heir; consequently, Judah commands Onan to, “perform the duty of a brother-in-law to her, and raise up offspring for your brother.” Thus before God establishes His law for Israel, the patriarchal family was aware of and practiced levirate marriage. The Baker Encyclopedia of the Bible notes, “Levirate marriage was also known to the Canaanites, Assyrians, and Hittites.” In the former passage, Judah had married a Canaanite woman and was therefore in contact with the Canaanite culture. If levirate marriage was indeed known amongst the cultures surrounding Jacob’s family, the practice possibly infiltrated the budding Israeli culture. If the practice emerged from a pagan culture, could it mistakenly have been incorporated into Israel’s legal code? Michael D. Matlock writes, “As with many of the Deuteronomic laws, this law does not create a new institution but codifies an old one.” He goes on to argue that chapter five with its copy of the 10 commandments is an outline for the following chapters, 6 through 26. If so, the clause on levirate marriage falls under the tenth commandment, “And you shall not covet your neighbor’s wife. And you shall not desire your neighbor’s house….” Matlock argues that a levir (brother of the deceased) actually fulfills the tenth commandment when he performs his duty to his sister-in-law because he will withstand a financial loss as the widow’s wealth passes on to the male engendered in their union. By fulfilling his levir’s duty he does not covet the widow’s economic wealth, rather sacrificially helps perpetuate his brother’s lineage. If Matlock’s argument is accepted, it is understood that the Mosaic Law not only accepted levirate marriage but also mandated its fulfillment.

Coming with the presupposition that the Scriptures are divinely inspired, one believes the Mosaic Law is from God. By including levirate marriage in the Law, God grants it a legal standing and justifies its fulfillment. When Boaz sought to perform the duty of the levir, he went before elders of the city and conducted the transaction before them. His union to Ruth was done in full compliance with the established authorities and the divinely inspired legal code.

Despite these arguments, another complication arises as other sections of the Mosaic Law seem to condemn the relations found in levirate marriage. Leviticus 18:16 reads, “You shall not uncover the nakedness of your brother’s wife” here, levirate marriage is seemingly prohibited. However, levirate marriage played an important role in protecting widows and maintaining the paternal lineage. Matlock notes an economic and societal reason for the practice, “The third and final concern of the levirate marriage is providing for a widow and securing the respect she gains from having a son. In the societal structures of ancient Israel, the levirate law is one way of helping a widow maintain her well-being.” Additionally, Matlock points out how levirate law maintained familial land within Israel: the importance for this act rests on the land’s value in God’s saving plan for Israel. As Charles P. Baylis notes, from Ruth’s levirate marriage, “descended David … the one from whom came the promised Messiah.” Jesus Christ, the Messiah, descended from Ruth and Boaz. The Levitical law warns against incest for its own sake. While levirate marriage could be defined as incest, its practice served the purposes explained above. Through the procedural steps outlined in Deuteronomy 25: 5-6, the Mosaic Law established a context for “incest.” Its context offered a redefinition for the action making the union viable in the sight of the law and it’s Author.

While levirate marriage is not legally adultery, does it validate or promote polygamy? Within the biblical biographies cases of polygamy emerge: Jacob with Leah and Rachel or King David and his multiple wives. The New Bible Dictionary discussing the seventh commandment on adultery states, “Relations between a married man and an unmarried woman do not qualify as adultery. Hence polygamy is not automatically excluded by this commandment, although in practice it was rare in OT times.” Under his specific definition on adultery, the author feels polygamy is not directly condemned. Charles Hodge similarly argues the Mosaic Law does not condemn the practice; however, Hodges goes further to explain the nature of God’s law. The law is formulated for man in their specific environment and existence; thus, God can change or update the regulations. Certainly such concepts appear inconsistent with God’s revealed character, yet the Scriptures illustrate the concept through the replacement of the Old Covenant with the New Covenant. The Old Covenant provided a preliminary arrangement used to symbolize and prepare the Jews for future developments. The same progression is seen with marriage. Christ notes, “For in the resurrection they neither marry nor are given in marriage, but are like angels in heaven.” Marriage is an earthly institution which serves to demonstrate Christ’s relationship with His redeemed church (and certainly the natural means to procreation) but will be unnecessary in Heaven. In applying this concept to Old Testament polygamy, one might view it as a phase in God’s revelation. It can be argued that polygamy is not God’s original design and despite its presence within Israeli culture it was not encouraged. Alfred Edersheim notes:
In reference to both these [polygamy and divorce], however, it must be remembered that they were temporary concessions to “the hardness” of the people’s heart. For, not only must the circumstances of the times and the moral state of the Jewish and of neighboring nations be taken into account, but there were progressive stages of spiritual development….Suffice it, that “from the beginning it was not so,” nor yet intended to be so in the end…. Moreover, it is impossible to read the Old, and still more the New Testament without gathering from it the conviction, that polygamy was not the rule but the rare exception, so far as the people generally were concerned.
Thus, God through the Law established regulations which His people could work with at the time but with further revelation He unfolded more aspects of His holy will. In one way God revealed His original intent for marriage through His creation of Adam and Eve, by depicting a monogamous relationship in the Song of Solomon and finally stipulating the original intent through Christ and the Apostles.

To conclude, levirate marriage within Israeli culture raises important theological and cultural concerns. While Mosaic Law prohibits relations between brother and sister-in-law, levirate marriage provides a legal exception to preserve familial lineage and provide for widows. God desires to preserve the Israeli bloodlines for the purpose of engendering the Messiah. When asked about levirate marriage, Christ does not condemn the practice but does denounce adultery; therefore, it can be gathered that levirate marriage was not considered adultery. On the subject of polygamy, God led Israel through stages of revelation and eventually eliminated the practice in the final revelation stage through Christ’s definition of marriage and the epistles. Thus levirate marriage and its implications fit within a theological and cultural framework during God’s preliminary revelation. Christ provided the final revelation, “Have you not read that he who created them from the beginning made them male and female…. So they are no longer two but one flesh. What therefore God has joined together, let not man separate.”

Bibliography
The Holy Bible : English Standard Version. Wheaton: Standard Bible Society, 2001.

E. W. Davies, “Inheritance Rights and the Hebrew Levirate Marriage,” VT 31 (1981): 257–68; D. W. Manor, “A Brief History of Levirate Marriage as It Relates to the Bible,” Near East Archaeological Society Bulletin (NS) 20 (1982): 33–52.
Edersheim, Alfred. Sketches of Jewish Social Life in the Days of Christ. Bellingham, WA: Logos Research Systems, Inc., 2003.
Baylis, Charles P. "Naomi in the book of Ruth in light of the Mosaic covenant." Bibliotheca sacra 161, no. 644 (October 2004): 413-431. ATLA Religion Database with ATLASerials, EBSCOhost (accessed October 6, 2009).
Carson, D. A. New Bible Commentary : 21st Century Edition. 4th ed. Leicester, England; Downers Grove, Ill., USA: Inter-Varsity Press, 1994.
Hodge, Charles. Systematic Theology. Oak Harbor, WA: Logos Research Systems, Inc., 1997.
Walter A. Elwell and Barry J. Beitzel, Baker Encyclopedia of the Bible. Grand Rapids, Mich.: Baker Book House, 1988. 1406.

Matlock, Michael D. "Obeying the First Part of the Tenth Commandment: Applications from the Levirate Marriage Law." Journal for the Study of the Old Testament 31, no. 3 (March 2007): 295-310. Academic Search Complete, EBSCOhost (accessed October 6, 2009).
E. W. Davies, “Inheritance Rights and the Hebrew Levirate Marriage,” VT 31 (1981): 257–68; D. W. Manor, “A Brief History of Levirate Marriage as It Relates to the Bible,” Near East Archaeological Society Bulletin (NS) 20 (1982): 33–52.