Deuteronomy 25:5-10 - Albert Barnes' Notes on the Bible

Bible Comments

The law of levirate marriage. The law on this subject is not unique to the Jews, but is found (see Genesis 38:8) in all essential respects the same among various Oriental nations, ancient and modern. The rules in these verses, like those upon divorce, do but incorporate existing immemorial usages, and introduce various wise and politic limitations and mitigations of them. The root of the obligation here imposed upon the brother of the deceased husband lies in the primitive idea of childlessness being a great calamity (compare Genesis 16:4; and note), and extinction of name and family one of the greatest that could happen (compare Deuteronomy 9:14; Psalms 109:12-15). To avert this the ordinary rules as to intermarriage are in the case in question (compare Leviticus 18:16) set aside. The obligation was onerous (compare Ruth 4:6), and might be repugnant; and it is accordingly considerably reduced and restricted by Moses. The duty is recognized as one of affection for the memory of the deceased; it is not one which could be enforced at law. That it continued down to the Christian era is apparent from the question on this point put to Jesus by the Sadducees (see the marginal references).

Deuteronomy 25:5

No child - literally, “no son.” The existence of a daughter would clearly suffice. The daughter would inherit the name and property of the father; compare Numbers 27:1-11.

Deuteronomy 25:9

Loose his shoe from off his foot - In token of taking from the unwilling brother all right over the wife and property of the deceased. Planting the foot on a thing was an usual symbol of lordship and of taking possession (compare Genesis 13:17; Joshua 10:24), and loosing the shoe and handing it to another in like manner signified a renunciation and transfer of right and title (compare Ruth 4:7-8; Psalms 60:8, and Psalms 108:9). The widow here is directed herself, as the party slighted and injured, to deprive her brother-law of his shoe, and spit in his face (compare Numbers 12:14). The action was intended to aggravate the disgrace conceived to attach to the conduct of the man.

Deuteronomy 25:10

The house ... - Equivalent to “the house of the barefooted one.” To go barefoot was a sign of the most abject condition; compare 2 Samuel 15:30.

Deuteronomy 25:5-10

5 If brethren dwell together, and one of them die, and have no child, the wife of the dead shall not marry without unto a stranger: her husband's brother shall go in unto her, and take her to him to wife, and perform the duty of an husband's brother unto her.

6 And it shall be, that the firstborn which she beareth shall succeed in the name of his brother which is dead, that his name be not put out of Israel.

7 And if the man like not to take his brother's wife, then let his brother's wife go up to the gate unto the elders, and say, My husband's brother refuseth to raise up unto his brother a name in Israel, he will not perform the duty of my husband's brother.

8 Then the elders of his city shall call him, and speak unto him: and if he stand to it, and say, I like not to take her;

9 Then shall his brother's wife come unto him in the presence of the elders, and loose his shoe from off his foot, and spit in his face, and shall answer and say, So shall it be done unto that man that will not build up his brother's house.

10 And his name shall be called in Israel, The house of him that hath his shoe loosed.