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Deuteronomy 25:5 - Brother's duty to continue lineage?

Deuteronomy 25:5 - דברים 25:5

Hebrew Text

כִּי־יֵשְׁבוּ אַחִים יַחְדָּו וּמֵת אַחַד מֵהֶם וּבֵן אֵין־לוֹ לֹא־תִהְיֶה אֵשֶׁת־הַמֵּת הַחוּצָה לְאִישׁ זָר יְבָמָהּ יָבֹא עָלֶיהָ וּלְקָחָהּ לוֹ לְאִשָּׁה וְיִבְּמָהּ׃

English Translation

If brothers dwell together, and one of them die, and have no child, the wife of the dead shall not marry abroad to a stranger: her husband’s brother shall go in to her, and take her to him to wife, and perform the duty of a husband’s brother to her.

Transliteration

Ki-yeshvu achim yachdav u-met achad mehem u-ven ein-lo lo-tihye eshet ha-met ha-chutza le-ish zar yevama yavo aleha u-lkacha lo le-isha ve-yibma.

Hebrew Leining Text

כִּֽי־יֵשְׁב֨וּ אַחִ֜ים יַחְדָּ֗ו וּמֵ֨ת אַחַ֤ד מֵהֶם֙ וּבֵ֣ן אֵֽין־ל֔וֹ לֹֽא־תִהְיֶ֧ה אֵֽשֶׁת־הַמֵּ֛ת הַח֖וּצָה לְאִ֣ישׁ זָ֑ר יְבָמָהּ֙ יָבֹ֣א עָלֶ֔יהָ וּלְקָחָ֥הּ ל֛וֹ לְאִשָּׁ֖ה וְיִבְּמָֽהּ׃
כִּֽי־יֵשְׁב֨וּ אַחִ֜ים יַחְדָּ֗ו וּמֵ֨ת אַחַ֤ד מֵהֶם֙ וּבֵ֣ן אֵֽין־ל֔וֹ לֹֽא־תִהְיֶ֧ה אֵֽשֶׁת־הַמֵּ֛ת הַח֖וּצָה לְאִ֣ישׁ זָ֑ר יְבָמָהּ֙ יָבֹ֣א עָלֶ֔יהָ וּלְקָחָ֥הּ ל֛וֹ לְאִשָּׁ֖ה וְיִבְּמָֽהּ׃

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Parasha Commentary

Introduction to Yibum (Levirate Marriage)

The verse (Devarim 25:5) introduces the mitzvah of yibum, the obligation of a surviving brother to marry his deceased brother's childless widow. This practice ensures the perpetuation of the deceased brother's name and lineage in accordance with Torah law.

Rashi's Explanation

Rashi (Devarim 25:5) clarifies the conditions for yibum:

  • "If brothers dwell together" - This refers to brothers who shared an inheritance in their father's lifetime, indicating a close familial bond.
  • "And have no child" - The obligation applies only if the deceased left no offspring, whether son or daughter (as derived from the Talmud, Yevamot 22b).
  • "Her husband’s brother shall go in to her" - The brother performs yibum by either marital relations or kiddushin (formal betrothal).

Purpose of Yibum

The Rambam (Hilchos Yibum 1:1) explains that the primary purpose of yibum is to establish the deceased brother's legacy, as the firstborn son from this union will be attributed to the deceased (see also Devarim 25:6). The Midrash (Tanchuma Ki Seitzei 2) further emphasizes that this mitzvah reflects the sanctity of family continuity in Jewish tradition.

Halachic Details from the Talmud

The Talmud (Yevamot 24a) elaborates on the laws of yibum:

  • The mitzvah applies only to paternal brothers, not maternal half-brothers.
  • If the surviving brother refuses, the ceremony of chalitzah (removing the shoe) releases the widow (Devarim 25:7-10).
  • The preference is for yibum, but in later generations, chalitzah became the norm due to concerns about improper intentions (Rambam, Hilchos Yibum 1:13).

Contemporary Practice

In modern times, Ashkenazi practice follows the ruling of Rabbeinu Gershom (c. 1000 CE) prohibiting polygamy, making yibum impossible if the brother is already married. Thus, chalitzah is universally performed (Shulchan Aruch, Even HaEzer 165). Sephardic authorities, while technically permitting yibum in rare cases, generally prefer chalitzah as well (Kitzur Shulchan Aruch 161:1).

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Yevamot 24a
The verse is discussed in the context of the laws of levirate marriage (yibbum), particularly regarding the obligation of the brother-in-law to marry the widow if the deceased had no children.
📖 Yevamot 39b
The verse is referenced in a discussion about the conditions under which levirate marriage applies, including the requirement that the brothers must have 'dwelt together.'
📖 Kiddushin 7b
The verse is cited in a broader discussion about the legal mechanisms of marriage and the specific case of levirate marriage.

Frequently Asked Questions

Q: What is the meaning of Deuteronomy 25:5?
A: Deuteronomy 25:5 discusses the mitzvah (commandment) of 'yibbum' (levirate marriage), where if a married man dies without children, his brother is encouraged to marry the widow to perpetuate the deceased brother's name. This ensures the continuation of the family lineage, as explained in traditional Jewish sources like Rashi and the Talmud (Yevamot 24a).
Q: Why is yibbum (levirate marriage) important in Judaism?
A: Yibbum is important because it preserves the deceased brother's legacy by allowing his name and family line to continue through his widow and brother. The Talmud (Yevamot 39b) emphasizes that this mitzvah demonstrates the deep bond between brothers and the value of maintaining a family's continuity in Jewish tradition.
Q: What happens if the brother does not want to perform yibbum?
A: If the brother refuses to marry the widow, there is a ceremony called 'chalitzah' (Deuteronomy 25:9-10), where the widow removes his shoe and declares his refusal. This releases both from the obligation, as discussed in the Talmud (Yevamot 104a) and codified by Rambam (Hilchos Yibbum 1:1).
Q: Does yibbum still apply today?
A: While the Torah commands yibbum, in practice, Ashkenazi Jewish communities follow the opinion of Rabbeinu Gershom (around 1000 CE), who prohibited polygamy, making yibbum rare. Instead, chalitzah is almost always performed. Sephardic communities, however, may still consider yibbum in certain cases, as noted in the Shulchan Aruch (Even HaEzer 165).
Q: What lesson can we learn from the mitzvah of yibbum?
A: Yibbum teaches the importance of family responsibility and continuity in Jewish life. The Midrash (Sifrei Devarim 291) highlights that this mitzvah reflects compassion for the deceased and ensures that his memory lives on. It also underscores the Torah's value of caring for widows and upholding familial bonds.