Levirate Marriage and the Family in Ancient Judaism

(Darren Dugan) #1
Notes

[ 11 ]

This suggests a compromise between older marriage practices and the dictates
of new religious traditions that discourage levirate.



  1. Levirate from the Hebrew Bible Through the Mishnah
    (pages 3 – 44 )

    1. Carol Meyers, “The Family in Early Israel,” in Perdue et al., Families in An-
      cient Israel, 3 – 5.
      . For recent models, see Richard Elliot Friedman, Who Wrote the Bible? (En-
      glewood Cliffs, N.J.: Prentice Hall, 1989 ); Rainer Albertz, A History of Israelite Reli-
      gion in the Old Testament Period (Louisville, Ky.: Westminster/ John Knox, 1994 ),
      3 : 466 – 493 ; and David M. Carr, “Controversy and Convergence in Recent Studies
      of the Formation of the Pentateuch,” Religious Studies Review 3: 1 (January 199),
       – 31. For a discussion of the dating of the Book of Ruth, see Frederic Bush, Word
      Biblical Commentary: Ruth/Esther (Dallas: Word Books, 1996 ), 18 – 3.

    2. For a discussion of the possible significance of the placement of Deut.
      5: 5 – 1, see Calum M. Carmichael, The Laws of Deuteronomy (Ithaca, N.Y.: Cor-
      nell University Press, 19 4), 39 – 4.

    3. Deut. 5: 5 – 1.

    4. For the latter understanding of the phrase, see Eryl W. Davies, “Inheritance
      Rights, Part ,” Vetus Testamentum 31 : 3 ( 1981 ), 64 – 66.

    5. Millar Burrows argues that Israel adopted and adapted the levirate law
      from the Canaanites. He insists that while the Canaanites saw levirate marriage
      as inheritance of the widow by the husband’s clan as part of his estate, the Isra-
      elite elements added by the Deuteronomist to the Canaanite law indicate that
      the purpose of the levirate law in Israel was “carrying on the life and name of the
      dead.” See Burrows, “Levirate Marriage in Israel,” Journal of Biblical Literature
      59 (194 ), 3 – 33.
      . Eryl Davies, “Inheritance Law, Part 1 ,” Vetus Testamentum 31 : ( 1981 ), 138 ; Jo-
      seph Blenkinsopp, “The Family in First Temple Israel,” in Perdue et al., Families
      in Ancient Israel, 64 , .

    6. Num. : 8 – 1.

    7. Frederick Greenspahn, When Brothers Dwell Together (New York: Oxford
      University Press, 1994 ), 53. Greenspahn argues that there is no need to preserve
      the family lineage through levirate, since the deceased’s line, i.e., his father’s
      line, can be continued through the remaining brothers. Greenspahn doubts that
      concern for individual mortality in ancient Israel could be the motivation for
      levirate. Those scholars who see in biblical texts indications of ancestor worship
      would presumably disagree.
      1. Susan Niditch, “The Wronged Woman Righted,” in Harvard Theological
      Review : 1 –  (January – April 19 9), 144.

    8. Niditch, “The Wronged Woman Righted,” 146.
      1. Davies sees this as Onan’s motivation for not impregnating Tamar. Davies,
      “Inheritance Rights, Part ,” 5 – 58.

    9. Deut. 5 : 13 , 16 , 18 ; : 3 ; 1:1, 18 ; 13 :; 15 :1, 1; 16 : 11 , 14 ; 1:1; 18 :1; 1:1 – 16 , 18 ;
      : 13 – , 8 – 9; 3: 1 ; 4: 1 – 5 ; 5: 11 – 1; 9:1.

    10. Deut. :6 – .

    11. Gen. 38 : 8.

    12. Gen. 38 : 9.
      1. Gen. 38 : 11.

    13. Gen. 38 : 9.

    14. For consideration of Onan’s actions as an example of fraternal conflict in



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