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The Institution of Levirate

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hat is levirate and how did it function in ancient Israel and
early Judaism? Was levirate in ancient Israel treated as a new
marriage, or was the levir, the brother of the deceased hus-
band, simply a sexual surrogate for his brother? Was the levir marrying
his sister-in-law, inheriting her as part of his brother’s estate, or merely
serving as the genitor of children whose legal father was their mother’s
late husband? What function did levirate play in the marriage system of
the ancient Israelites? Was it intended to provide a wife for the deceased’s
brother, a home for a childless widow, or children for a dead man? Was
the deceased’s brother the only acceptable levir, or could that role be
filled by any male kinsman? What options did a childless widow have,
and what role, if any, did she play in choosing a new marriage or sexual
partner? What role did the deceased and/or the widow’s extended fam-
ily play in choosing or rejecting a levirate union? These are some of the
questions that can be asked about levirate in Jewish tradition, but they
can also be asked about levirate in general.
This chapter considers levirate as an institution, in preparation for
considering levirate in ancient Israel and then in rabbinic Judaism. It
attempts to define levirate and identify variations in the way levirate
is practiced. It also considers the reasons that cultures may employ
levirate, and the nexus between levirate and other concerns within a
given culture. In analyzing levirate as an institution, the chapter also
considers the tension between the desires of individuals — levirs and