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Levirate from the Hebrew Bible

Through the Mishnah

T

he preceding chapter explored levirate as an institution that ex-
ists i n va r ious for ms i n ma ny cu lt u res. T h is chapter focuses on le-
virate as an institution in early Judaism. It considers discussions
of levirate in the Hebrew Bible, in literature from the Second Temple
period ( bce to  ce), and in the earliest rabbinic literature, particu-
la rly t he Mish na h. Usi ng lev i rate as a lens, subsequent chapters w i l l look
at rabbinic constructs of the family and specific relationships between
family members. This chapter establishes the nature of that lens.
Any discussion of levirate in Judaism must begin with the Hebrew
Bible. While much of the Hebrew Bible reflects early Israelite society
and religion, rather than later, post-biblical Judaism, ancient Jews re-
garded the Hebrew Bible as the basis of their religion. All later Jewish le-
gal material regarding levirate is based, or is presented as being based,
on the Bible. The early rabbis’ discussions of levirate arise from its men-
tion in Deuteronomy, and their attempts to tease out its application to
specific situations are often justified through interpretation of biblical
phrases.
Furthermore, the Hebrew Bible is one of the primary sources of dis-
cussions about the family in ancient Israel. As scholars have acknowl-
edged, the problems of using biblical material for such a study are sig-