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When two brothers are living together, sharing family property that hasn’t been divided, if one of them dies leaving a widow without sons, his widow must not be married to a man outside the family. The brother should marry his sister-in-law and try to have children with her in his brother’s name.[a]

The widow and any children she has by her second husband, by custom, lose their share in his property. When a widow and her children become the family of her brother-in-law, this is a Levirate marriage.

Moses: Her firstborn son will be named after the brother who died, so that the first husband’s name will not disappear from Israel and that son will receive his share of the family inheritance. If a man doesn’t want to marry his brother’s widow, she should go to the elders at the city gate and make a formal complaint: “My husband died, and his brother refuses to keep his name alive in Israel. He won’t marry me and give me children!”

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Footnotes

  1. 25:5 Mark 12:19

If brothers are living together and one of them dies without a son, his widow must not marry outside the family. Her husband’s brother shall take her and marry her and fulfill the duty of a brother-in-law to her.(A) The first son she bears shall carry on the name of the dead brother so that his name will not be blotted out from Israel.(B)

However, if a man does not want to marry his brother’s wife,(C) she shall go to the elders at the town gate(D) and say, “My husband’s brother refuses to carry on his brother’s name in Israel. He will not fulfill the duty of a brother-in-law to me.”(E)

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