[ ]Paternity and Continuityrelated to him by blood could not displace the man’s father or brothers’
claim to his estate, much less that of his daughter or granddaughter.
The rabbis’ assignment of paternity to the levir should not be read
as a denial of the creation of a levirate bond between a man and his de-
ceased brother’s widow. Nor is the rabbis’ reworking of levirate law a re-
jection of levirate as an institution. Levirate marriage is presented in all
rabbinic documents as a legal response to the death of a childless man.
There are rabbinic disputes as to whether levirate marriage or halitza
is the preferred response to the obligation, but the ancient rabbis never
issue a blanket prohibition against levirate marriage. Nor is there any
indication that the reworking of levirate is a result of cultural interaction
between Jews and non-Jews. Whereas the culture of Roman Palestine
may have discouraged levirate marriage, Sasanian Babylonia featured
many of the characteristics that support the use of levirate as a strategy
of hei rsh ip.^45 The Jews of the Roman Empire may have been less inclined
to practice polygyny, a prerequisite for levirate marriage, but there are
indications that polygyny was acceptable among Babylonian Jews.^46
There is no indication in Bavli Yevamot that an objection to polygyny
influenced the choice to perform levirate marriage or halitza.^47 The
cultural milieu of Sasanian Babylonia featured many of the attitudes
and institutions that correlate with the practice of levirate marriage.
Zoroastrianism shared with Judaism many marriage practices and at-
titudes regarding the importance of biological heirs.^48 Zoroastrian re-
ligious texts stress the centrality of marriage and procreation.^49 While
these texts use language that suggests a preference for monogamy, po-
lygyny was acceptable, particularly as a resolution to childlessness.^50
Levirate marriage was practiced in Babylonia, and Zoroastrian law
retains aspects of levirate marriage that Judaism had already aban-
doned by the Parthian and Sasanian periods. The Encyclopaedia Iranica
explains:
[A] widow... at the death of her “authorized” husband without
issue was obliged to enter into a levirate marriage in order to
provide him with male offspring.... In Zoroastrian family law,
if the authorized husband passes away without leaving male
issue, his successorship devolves upon his authorized wife, that
is, it would be incumbent upon his widow to institute a levirate