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Deuteronomy 25:7 - Refusing levirate marriage's sacred duty?

Deuteronomy 25:7 - דברים 25:7

Hebrew Text

וְאִם־לֹא יַחְפֹּץ הָאִישׁ לָקַחַת אֶת־יְבִמְתּוֹ וְעָלְתָה יְבִמְתּוֹ הַשַּׁעְרָה אֶל־הַזְּקֵנִים וְאָמְרָה מֵאֵין יְבָמִי לְהָקִים לְאָחִיו שֵׁם בְּיִשְׂרָאֵל לֹא אָבָה יַבְּמִי׃

English Translation

And if the man like not to take his brother’s wife, then let his brother’s wife go up to the gate to the elders, and say, My husband’s brother refuses to raise up to his brother a name in Yisra᾽el, he will not perform the duty of a husband’s brother.

Transliteration

Ve-im lo yachpotz ha-ish lakachat et-yevimto ve-alta yevimto ha-sha'ara el-ha-zkenim ve-amra me-ein yevami lehakim le-achiv shem be-Yisrael lo avah yabmi.

Hebrew Leining Text

וְאִם־לֹ֤א יַחְפֹּץ֙ הָאִ֔ישׁ לָקַ֖חַת אֶת־יְבִמְתּ֑וֹ וְעָלְתָה֩ יְבִמְתּ֨וֹ הַשַּׁ֜עְרָה אֶל־הַזְּקֵנִ֗ים וְאָֽמְרָה֙ מֵאֵ֨ן יְבָמִ֜י לְהָקִ֨ים לְאָחִ֥יו שֵׁם֙ בְּיִשְׂרָאֵ֔ל לֹ֥א אָבָ֖ה יַבְּמִֽי׃
וְאִם־לֹ֤א יַחְפֹּץ֙ הָאִ֔ישׁ לָקַ֖חַת אֶת־יְבִמְתּ֑וֹ וְעָלְתָה֩ יְבִמְתּ֨וֹ הַשַּׁ֜עְרָה אֶל־הַזְּקֵנִ֗ים וְאָֽמְרָה֙ מֵאֵ֨ן יְבָמִ֜י לְהָקִ֨ים לְאָחִ֥יו שֵׁם֙ בְּיִשְׂרָאֵ֔ל לֹ֥א אָבָ֖ה יַבְּמִֽי׃

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Parasha Commentary

Context of the Verse

This verse (Devarim 25:7) is part of the Torah's discussion of yibbum (levirate marriage), wherein a man is commanded to marry his deceased brother's widow if the brother died childless. The purpose is to "establish a name" for the deceased brother in Yisrael (see Devarim 25:5-6). If the brother-in-law (yavam) refuses, the Torah prescribes the ceremony of chalitzah (removal of the shoe), as detailed in the subsequent verses.

Explanation of the Procedure

When the yavam refuses to perform yibbum, the widow (yevamah) brings the matter before the elders at the city gate—the traditional place of legal proceedings (Rashi, Devarim 25:7). Her declaration, "מֵאֵין יְבָמִי לְהָקִים לְאָחִיו שֵׁם בְּיִשְׂרָאֵל" ("My husband’s brother refuses to raise up a name for his brother in Yisrael"), emphasizes the moral obligation he neglects. The term "שֵׁם" (name) refers not merely to progeny but to the perpetuation of the deceased brother's legacy within Klal Yisrael (Rambam, Hilchos Yibbum 1:1).

Halachic Implications

  • Public Declaration: The widow's statement before the elders ensures transparency and avoids private coercion (Talmud Yevamot 106a). The public setting underscores the communal responsibility in upholding mitzvos.
  • Refusal as a Moral Failure: The phrasing "לֹא אָבָה יַבְּמִי" ("he will not perform the duty") implies a willful rejection of a Torah obligation, which the Sages view as a serious moral lapse (Sifri Devarim 291).
  • Transition to Chalitzah: This verse sets the stage for the chalitzah ceremony (Devarim 25:8-10), which releases the widow from the yibbum bond while symbolizing the brother-in-law's refusal to fulfill his duty (Rambam, Hilchos Yibbum 4:1).

Midrashic Insight

The Midrash (Devarim Rabbah 6:3) notes that the phrase "הַשַּׁעְרָה אֶל־הַזְּקֵנִים" ("to the gate, to the elders") teaches that Torah justice must be administered in a dignified, public forum. The elders, as representatives of wisdom and integrity, ensure that the widow's rights are upheld and that the refusal is properly documented.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Yevamot 106b
The verse is discussed in the context of the laws of yibbum (levirate marriage) and chalitzah (the ceremony releasing the widow from the obligation to marry her brother-in-law). The Talmud explores the implications of the brother-in-law's refusal to perform yibbum.
📖 Sotah 25b
The verse is referenced in a discussion about the procedures and declarations involved in the chalitzah ceremony, emphasizing the public nature of the refusal.

Frequently Asked Questions

Q: What does Deuteronomy 25:7 mean?
A: Deuteronomy 25:7 describes the procedure when a man refuses to perform yibbum (levirate marriage) with his deceased brother's widow. The verse explains that the widow must go to the elders at the city gate and declare that her brother-in-law refuses to 'establish a name' for his deceased brother in Israel by marrying her. This leads to the ceremony of chalitzah (removing the shoe), as described in the following verses.
Q: Why was yibbum (levirate marriage) important in Torah?
A: Yibbum was important because it allowed a deceased man's name to continue in Israel when he died without children. The Rambam (Yibbum 1:1) explains this mitzvah preserves the family lineage. The Talmud (Yevamot 24a) discusses how this shows concern for both the deceased's legacy and the widow's welfare. However, if either party was unwilling, chalitzah was performed instead.
Q: Does yibbum still apply today?
A: While the Torah commandment of yibbum still exists, the prevailing halachic practice today is to perform chalitzah instead. The Shulchan Aruch (Even HaEzer 165:1) rules this way due to various concerns, including proper intentions. Contemporary poskim (halachic authorities) maintain this position, though the mitzvah remains part of Torah law and is studied in depth.