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Yibbum
Yibbum (pronounced [jibum], Hebrew: ייבום) is the form of levirate marriage found in Judaism. As specified by Deuteronomy 25:5–10, the brother of a man who died without children is permitted and encouraged to marry the widow. However, if either of the parties refuses to go through with the marriage, both are required to go through a ceremony known as halizah, involving a symbolic act of renunciation of their right to perform this marriage.
Jewish law (halakha) has seen a gradual decline of yibbum in favor of halizah, to the point where in most contemporary Jewish communities, and in Israel by mandate of the Chief Rabbinate, yibbum is prohibited.
The Torah prohibits sexual relations by a man with his brother's wife, but yibbum is an exception to this rule. The surviving brother is given a choice to take his responsibility as a goel by fulfilling the yibbum obligation, or to perform halizah, though the latter choice is described by the verse disfavorably. The brother who agreed to marry his sister-in-law would be the sole benefactor of his brother's estate instead of splitting it with the family. The offspring of the levirate union would be seen as a perpetuation of the deceased brother's name. Yibbum is permissible only when the dead brother had no children at all.
Although the stated intent of the levirate law as expressed in Deuteronomy is to provide an heir so that the deceased brother's name "will not be obliterated from Israel" (Deuteronomy 25:6), such laws effectively provided protection for widows as well. At the time the Torah was written, if a woman did not have a husband because of widowhood, she had no one to provide for her any longer and she would be disgraced, if not likely die of starvation.[citation needed] Children were also a means of continued provision, since they are commanded to care and show respect for the elderly as they move further along in years. A childless widow was without both means of provision. Although quite contrary to modern day sensibilities, even becoming a second wife to a brother-in-law, as indicated in Deuteronomy 25:5-10, was better than living on the streets at the mercy of those around her. Under Torah, men had a responsibility to the women around them, which included life-sustaining provisions (i.e. food, shelter, and comfort). Those of honor were beholden to their responsibility to protect the defenseless.
Yibbum had significant economic implications for the parties involved: the first child born to the brother's widow would be deemed the heir of the deceased brother, and able to claim the deceased brother's share of inheritance. If the deceased brother was the firstborn son, his inheritance was a double share. However, if the deceased brother were childless, the living brother would be entitled to inherit an increased share; or if he is the oldest surviving son he would be entitled to a double share of the increased share.
A detailed account of a levirate-type marriage in the Hebrew Bible is the unusual union of Judah and his daughter-in-law Tamar found in Genesis 38:8. The case is not strictly a case of yibbum as Judah was Tamar's father-in-law, and also the case pre-dates the biblical obligation. It may be a reflection of contemporaneous Middle East practices. Tamar's earlier marriage to Onan, however, did conform with the specific circumstances describing the requirements of yibbum outlined in Deuteronomy, as Onan was the brother of Tamar's deceased husband Er.
Another example of an analogous arrangement to yibbum is recounted in the Book of Ruth. After the death of her husband, Ruth is noticed and welcomed by her husband's kinsman, Boaz. After Ruth is rejected by an anonymous Ploni Almoni, Boaz marries her. In this case as well, the kin in question would not have been subject to the biblical levirate marriage obligation, as neither Ploni Almoni nor Boaz were brothers of Ruth's late husband.
Halakha (Jewish law) has a tradition around yibbum. These laws were first recorded in the Mishna and Talmud in Yevamot, and were later codified by Maimonides in the Mishneh Torah. The subject is considered one of the most intricate in Jewish law, partly because of the complication that arise from multiple brothers and multiple wives. Yibbum is an exception to the biblical prohibition for a man to have sexual relations with "his brother's wife" found for example in Leviticus 18:16 and 20:21. (See Incest in the Bible.)
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Yibbum
Yibbum (pronounced [jibum], Hebrew: ייבום) is the form of levirate marriage found in Judaism. As specified by Deuteronomy 25:5–10, the brother of a man who died without children is permitted and encouraged to marry the widow. However, if either of the parties refuses to go through with the marriage, both are required to go through a ceremony known as halizah, involving a symbolic act of renunciation of their right to perform this marriage.
Jewish law (halakha) has seen a gradual decline of yibbum in favor of halizah, to the point where in most contemporary Jewish communities, and in Israel by mandate of the Chief Rabbinate, yibbum is prohibited.
The Torah prohibits sexual relations by a man with his brother's wife, but yibbum is an exception to this rule. The surviving brother is given a choice to take his responsibility as a goel by fulfilling the yibbum obligation, or to perform halizah, though the latter choice is described by the verse disfavorably. The brother who agreed to marry his sister-in-law would be the sole benefactor of his brother's estate instead of splitting it with the family. The offspring of the levirate union would be seen as a perpetuation of the deceased brother's name. Yibbum is permissible only when the dead brother had no children at all.
Although the stated intent of the levirate law as expressed in Deuteronomy is to provide an heir so that the deceased brother's name "will not be obliterated from Israel" (Deuteronomy 25:6), such laws effectively provided protection for widows as well. At the time the Torah was written, if a woman did not have a husband because of widowhood, she had no one to provide for her any longer and she would be disgraced, if not likely die of starvation.[citation needed] Children were also a means of continued provision, since they are commanded to care and show respect for the elderly as they move further along in years. A childless widow was without both means of provision. Although quite contrary to modern day sensibilities, even becoming a second wife to a brother-in-law, as indicated in Deuteronomy 25:5-10, was better than living on the streets at the mercy of those around her. Under Torah, men had a responsibility to the women around them, which included life-sustaining provisions (i.e. food, shelter, and comfort). Those of honor were beholden to their responsibility to protect the defenseless.
Yibbum had significant economic implications for the parties involved: the first child born to the brother's widow would be deemed the heir of the deceased brother, and able to claim the deceased brother's share of inheritance. If the deceased brother was the firstborn son, his inheritance was a double share. However, if the deceased brother were childless, the living brother would be entitled to inherit an increased share; or if he is the oldest surviving son he would be entitled to a double share of the increased share.
A detailed account of a levirate-type marriage in the Hebrew Bible is the unusual union of Judah and his daughter-in-law Tamar found in Genesis 38:8. The case is not strictly a case of yibbum as Judah was Tamar's father-in-law, and also the case pre-dates the biblical obligation. It may be a reflection of contemporaneous Middle East practices. Tamar's earlier marriage to Onan, however, did conform with the specific circumstances describing the requirements of yibbum outlined in Deuteronomy, as Onan was the brother of Tamar's deceased husband Er.
Another example of an analogous arrangement to yibbum is recounted in the Book of Ruth. After the death of her husband, Ruth is noticed and welcomed by her husband's kinsman, Boaz. After Ruth is rejected by an anonymous Ploni Almoni, Boaz marries her. In this case as well, the kin in question would not have been subject to the biblical levirate marriage obligation, as neither Ploni Almoni nor Boaz were brothers of Ruth's late husband.
Halakha (Jewish law) has a tradition around yibbum. These laws were first recorded in the Mishna and Talmud in Yevamot, and were later codified by Maimonides in the Mishneh Torah. The subject is considered one of the most intricate in Jewish law, partly because of the complication that arise from multiple brothers and multiple wives. Yibbum is an exception to the biblical prohibition for a man to have sexual relations with "his brother's wife" found for example in Leviticus 18:16 and 20:21. (See Incest in the Bible.)