Levirate Marriage and the Family[ ]Yev a mot : also excludes from levirate obligations brothers who were
conceived or born before their mother converted to Judaism; “brother-
hood” is era sed by t he ch i ld ren’s conversion, wh ich renders each of t hem
“like a newborn child” with no kinship ties.^24
An additional exclusion applies to the “brother who was not [alive]
in [the deceased’s] lifetime.” Such a brother is exempt from levirate
marriage based on the rabbis’ reading of the phrase “When brothers
dwell together” in Deuteronomy :.^25 All of these exclusions limit the
circumstances in which a man will be called on to enter into a levirate
marriage.
T he Bavl i’s d iscussion of wh ich brot hers have lev i rate responsibi l it ies
focuses on a narrow reading of Deuteronomy ::
a. Where is written the [prohibition against levirate with] the wife
of his brother who was not [alive] at the same time as he?
b. R. Judah said Rav said: The verse says, “When brothers dwell
together” — when they have a shared stay in the world; this
excludes the wife of his brother who was not [alive] at the same
time.
c. “Together” — together in inheritance; this excludes a maternal
brother.
d. Rabbah said: Paternal brothers [alone are obliged to perform
levirate marriage]. It is taught through “brotherhood”
“brotherhood” in reference to Jacob’s sons. Just as there, they were
brothers with a common father but not a common mother, here
too [in Deuteronomy 25 ] they must be brothers with a common
father but not with [only or necessarily] a common mother.
e. Might we learn “brotherhood” “brotherhood” from [the
discussion of] forbidden unions [where the prohibitions are
understood to include the wives of maternal brothers as well as
the wives of paternal brothers]?
f. We learn from the use of the word “brothers” in both places,
not from the word “your brother” [in reference to forbidden
unions]....
g. Might we learn “brotherhood” “brotherhood” from Lot, as it is
written, “For we are brothers” (Gen. 14:8) [thus extending the
levirate duty to other men in the patrilineage]?