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Yibbum (pronounced[jibum],Hebrew:ייבום) is the form oflevirate marriage found inJudaism. As specified byDeuteronomy 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 ashalizah, involving a symbolic act of renunciation of their right to perform this marriage.
Jewish law (halakha) has seen a gradual decline ofyibbum in favor ofhalizah, to the point where in most contemporary Jewish communities, and in Israel by mandate of theChief Rabbinate,yibbum is prohibited.
The Torah prohibits sexual relations by a man with his brother's wife,[1] butyibbum is an exception to this rule. The surviving brother is given a choice to take his responsibility as agoel by fulfilling the yibbum obligation, or to performhalizah, 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.[2]
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. 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.[3]
A detailed account of a levirate-type marriage in theHebrew Bible is the unusual union ofJudah and his daughter-in-lawTamar found inGenesis 38:8. The case is not strictly a case ofyibbum 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 toOnan, however, did conform with the specific circumstances describing the requirements ofyibbum outlined inDeuteronomy, as Onan was the brother of Tamar's deceased husband Er.
Another example of an analogous arrangement toyibbum is recounted in theBook 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 anonymousPloni 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.
| Halakhic texts relating to this article | |
|---|---|
| Torah: | Genesis 38Deuteronomy 25:5–10Ruth 3–4 |
| Babylonian Talmud: | Yevamot; Gittin 34b-37b |
| Mishneh Torah: | Yibbum V'Chalitza 1:3 |
| Shulchan Aruch: | Even HaEzer 156-157 |
Halakha (Jewish law) has a tradition aroundyibbum. These laws were first recorded in theMishna andTalmud inYevamot, and were later codified byMaimonides in theMishneh 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 inLeviticus 18:16 and20:21. (SeeIncest in the Bible.)
The obligation foryibbum is found atDeuteronomy 25:5–10, which requires that when a married man dies without having any children, male or female, from any relationship (including pre-marital and extra-marital), his widow and his brother must perform eitheryibbum orhalizah. For the laws ofyibbum only brothers that share a common father are considered brothers.[4] In the event of several brothers in the family, the eldest surviving brother has thefirst right ofyibbum.[5] In order foryibbum to apply, all of the following conditions must be met:
Even if some of the brothers do not meet all the conditions to be eligible foryibbum, as long as there is one that does,yibbum applies to him. If there is no brother who meets all of the conditions, neitheryibbum norhalizah applies,[12] except if the widow is forbidden to marry the brother as a result of a prohibition not involving the punishment ofkareth (spiritual excision)[clarification needed], in which casehalitzah would apply.[13]
It is forbidden for any of the widows to remarry untilyibbum orhalizah has been performed.[14] If the deceased left multiple wivesyibbum may only be performed with one of them, at which time the remaining wives are permitted to remarry. Likewise, ifyibbum is not performed,halizah is only performed with one of the widows,[15] after which all of them may remarry.[16]
If all surviving brothers are still children, the widow must wait until one reacheshalachic adulthood, at which time he can perform yibbum orhalizah. Similarly, if the brother is missing, the woman is required to wait until he is located. This can lead to a situation similar to anagunah.
According to biblical law, there is no need for a marriage ceremony between the widow and the deceased's brother as they are already bound by divine decree,[17] thus, they need only cohabit to performyibbum. Nevertheless, the Sages decreed that the couple perform a marriage-likeceremony calledmaamar,[18] recite the marriage blessings (sheva brachot) and write a prenuptial agreement (ketubah).[19]
Only one brother may performyibbum. The oldest brother is given preference, but if he refuses, the brother who is second in line can performyibbum,[20] and if a brother performedyibbum out of turn, it is nevertheless valid.[10] After one brother performsyibbum orhalizah, none of the brothers may marry any of the other widows.
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Because there is a general prohibition on a man marrying his brother's wife, anytime that ayibbum is not required (for example, the deceased had a child), levirate marriage is forbidden. Likewise, anytime that there is a doubt whetheryibbum is required, it is also forbidden andhalizah is required.[21]
TheSamaritans followed a slightly different course, which may indicate an earlier custom; they practisedyibbum only when the woman was betrothed and the marriage had not been consummated.[22]Karaite Judaism appear to have followed the same practice, andBenjamin Nahawandi as well asElijah Bashyazi favored it.[23]
The rabbis in the time of themishnah added formal marriage requirements, such as the necessity of betrothing the deceased brother's wife in front of two competent witnesses by giving to her money or an object having certain money value, and of writing out aketubah (marriage contract),[24] but over the centuries the performance of levirate marriage (yibbum) declined in favor ofhalizah (the act of refusal).
By Talmudic times the practice of levirate marriage was deemed secondary in preference tohalizah by some of the rabbis, because of the brother's questionable intentions;[25] indeed, to marry a brother's widow for her beauty was regarded byAbba Saul as equivalent to incest.[26]Bar Kappara also recommendshalizah.[27] A difference of opinion appears among the later authorities, withIsaac Alfasi,Maimonides,[28] and the Spanish school[29] generally upholding the custom, whileRabbeinu Tam and the Northern school preferhalizah.[30] A change of religion on the part of the surviving brother does not affect the obligation of the levirate, or its alternative, thehalizah.[31] Additionally, if the surviving brother is married, Ashkenazim, who follow thetakkanah ofGershom ben Judah abolishingpolygamy, would be compelled to perform halizah.
Today,yibbum is a rare occurrence among Jewish communities, most claiming that if the intent is not purely for the sake of pro-creation, the act would thereby become marred and tantamount to an act of whoredom. Therefore, it was made virtually non-existent with other communities.Orthodox Jews in modern times have generally upheld the position of Rabbeinu Tam and performhalizah rather thanyibbum.Yemenite Jews, though orthodox, practisedyibbum until theen masseAliyah of Jews toEretz Israel in the last century.[32][33] In 1950, theRabbinate of Israel, along with theChief Sephardic Rabbi, forbade its practice amongst the Yemenites, citing a need for "uniformity amongst the Jewish groups," and only permitted those who were already married through levirate marriage from outside the country.[34]Conservative Judaism formally retains it.Reform Judaism andReconstructionist Judaism have abolished it.
Yibbum forms the plot of the Hallmark movieLoving Leah.
This article incorporates text from a publication now in thepublic domain: Singer, Isidore; et al., eds. (1901–1906)."Levirate Marriage".The Jewish Encyclopedia. New York: Funk & Wagnalls.| Legal scenarios | |||||||||
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