Levirate Marriage and the Family in Ancient Judaism

(Darren Dugan) #1
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Paternity and Continuity


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he stated goal of levirate in ancient Israel, according to Deuter-
onomy , was the creation of a posthumous heir for a childless
man. Levirate was mandated when a man “dies and leaves no
son”; presumably when a man was survived by sons, his widow was not
restricted to a union with her husband’s late brother but could marry
whomever she chose. A man’s refusal to enter into a levirate union with
his brother’s widow was seen as a refusal “to establish a name in Israel
for his brother” or “to build up his brother’s house,” that is, a refusal to
provide his brother with a son.
The birth of a child to the deceased’s widow is the high point of the
two biblical narratives that focus on the renewal of a family broken by
the death of a childless man. While Genesis  can be read as a turning
poi nt i n t he Joseph stor y, i n sofa r a s it ma rk s t he moment w hen a member
of Jacob’s family recognizes his responsibility to the family, the chapter
culminates in the birth of twin sons to Tamar and Judah, children who
replace Er and Onan.^1 The tragedy that occurs in the opening verses of
the Book of Ruth, the death of Naomi’s husband and two sons, is soft-
ened in the book’s closing scene, when Ruth bears a son who is hailed
as Naomi’s “redeemer,” the child who “will renew [her] life and sustain
[her] old age,” that is, a child who will fulfill the role once assigned to
her sons. These narratives, together with Deuteronomy : – , suggest
that in ancient Israel a levirate union had fulfilled its function when it
produced a child. The union presumably continued and other children

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