The Law of Levirate and Forced Marriage—Widow vs. Levir in Deuteronomy 25.5–10

Abstract

The law of levirate marriage (Deut. 25.5–10) requires the levir to marry his sister-in-law, while at the same time allowing him to be released from this obligation. This article argues that these inherent contradictory trends relate to the fact that the law forces the levir to marry a woman whom he did not choose. This coercion runs counter to the biblical laws of marriage, which predicate marriage and divorce on the man's will. Through a close reading of the law this article seeks to demonstrate the tension reflected between two contradictory values: that of raising up the name of the deceased, on one hand, and a man's right to choose the woman he wishes, on the other. It appears that due to the levir's aversion towards the widow the legislator allows this to prevail over the moral obligation, but does not forgo expressing disapproval of this decision.