[ ]Levirate from the Hebrew Bible Through the MishnahLevirate is also mentioned in the three synoptic Gospels. In each of
t hese gospels, Sadducees cha l lenge Jesus, posit i ng a case i n wh ich seven
brothers are successively married to one woman, each succeeding the
ot her t h roug h a n ac t of lev i r ate ma r r iage. T he Sadduc ees a sk Jesu s w h ich
of the brothers the woman will be married to in the hereafter. Neither
party to the exchange is concerned with levirate per se; the challenge
revolves around the question of bodily resurrection and is deflected by
Jesus’ argument that there will be no marriage after resurrection and
it will thus be unnecessary to determine which of the brothers will be
married to the woman.^63
Levirate Law in Rabbinic Literature
In contrast to the minimal discussions of levirate in the Bible and in
Second Temple literature, rabbinic discussions of levirate dominate an
entire tractate of Mishnah and of Tosefta. Mishnah Yevamot comprises
sixteen chapters, the majority of which focus on levirate; the remain-
ing chapters deal with other aspects of marriage law, particularly as it
applies to the priestly caste. Although matters relating to levirate are
discussed in other parts of the Mishnah, those discussions are ancil-
lary; a study of Yevamot offers the reader an in-depth introduction to a
rabbinic understanding of levirate.
Mishnah-Tosefta Yevamot focuses on identifying those situations in
which levirate may take place and those situations in which levirate is forbid-
den. One chapter deals with halitza, the ritual of release enacted when the
lev i r chooses not to ma r r y h is w idowed sister-i n-law. T he laws i n Mish na h-
Tosefta Yevamot rely on exegesis of Deuteronomy : – , but the rules in
the tractate go far beyond the information provided by the Torah.
The model of levirate offered by tannaitic sources and assumed by
the Talmuds is based on the notion that the death of a childless man
creates a bond between his widow(s) and his brother(s). The bond is cre-
ated only when there are suitable widows and brothers, individuals who
can legally marry and who are potential parents.^64 The levirate union
does not require betrothal, and it is unclear whether it is accompanied
by wedding rituals like huppa (wedding canopy) or marriage blessings.
The opening chapters of Mishnah Yevamot outline three possible re-
sponses to the death of a childless man who is survived by at least one
wife and one brother: