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Deuteronomy 25:5

When brethren dwell together, and one of them dieth without children, the wife of the deceased shall not marry to another: but his brother shall take her, and raise up seed for his brother:

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The verse in its languages

Vulgate (Clementine)
Quando habitaverint fratres simul, et unus ex eis absque liberis mortuus fuerit, uxor defuncti non nubet alteri : sed accipiet eam frater ejus, et suscitabit semen fratris sui :
Septuagint (Swete)
Ἐὰν δὲ κατοικῶσιν ἀδελφοὶ ἐπὶ τὸ αὐτό, καὶ ἀποθάνῃ εἷς αὐτῶν, σπέρμα δὲ μὴ ἦν αὐτῷ, οὐκ ἔσται ἡ γυνὴ τοῦ τεθνηκότος ἔξω ἀνδρὶ μὴ ἐγγίζοντι· ὁ ἀδελφὸς τοῦ ἀνδρὸς αὐτῆς εἰσελεύσεται πρὸς αὐτὴν καὶ λήμψεται αὐτὴν ἑαυτῷ γυναῖκα καὶ συνοικήσει αὐτῇ.
Hebrew (WLC)
כִּֽי יֵשְׁב֨וּ אַחִ֜ים יַחְדָּ֗ו וּמֵ֨ת אַחַ֤ד מֵהֶם֙ וּבֵ֣ן אֵֽין ל֔וֹ לֹֽא תִהְיֶ֧ה אֵֽשֶׁת הַמֵּ֛ת הַח֖וּצָה לְאִ֣ישׁ זָ֑ר יְבָמָהּ֙ יָבֹ֣א עָלֶ֔יהָ וּלְקָחָ֥הּ ל֛וֹ לְאִשָּׁ֖ה וְיִבְּמָֽהּ

Haydock's commentary

Together, as the sons of Juda did: (Genesis xxxviii. 8,) though custom (Calmet) and analogy extend this to other brothers, at least to those who live in the promised land, and have the inheritance in common, as appears from the history of Ruth, Ruth i. 13, &c. Noemi supposes that all the sons whom she might have had, would have been under the same obligation towards her daughter-in-law. The Rabbins restrain this law as much as they can, asserting that if the deceased left an adopted or natural child, the brother need not marry his widow, nor was any obliged but the next in age, and not married. St. Justin (q. 132,) teaches the reverse. (Calmet)

Half-brothers were included, (Menochius) and indeed every relation, in order, who, upon the refusal of the next heir, wished to take possession of the deceased person's land, Ruth iv. (Haydock)

The Jews no longer observe this law, as they have not possession of Chanaan. (Cuneus i. 7.)

Fagius asserts that it was neglected after the captivity of Babylon, because the inheritances were confounded. (Calmet)

This, however, does not seem to have been the opinion of those who have undertaken to reconcile the genealogy of our Saviour, given by Sts. Matthew and Luke, by supposing that St. Joseph was the son of Jacob by birth, and of Heli according to the law. (St. Hilary) Africanus says, (Ep. to Aristides) that "Heli dying without issue, Jacob was obliged to marry his widow, by whom he had Joseph, a descendant of Solomon by Jacob, and of Nathan by Heli," as their common mother, Esta, had married successively Mathan and Melchi, (or rather Mathat) who sprung from those two branches of David's family. (Dupin) (Haydock)

Read on

The Athenians followed a similar regulation with respect to orphan young women, whom the next of kin were bound to marry and to endow. The Tartars assert their right to marry the widows of their brethren. The Egyptians did not consider the marriage as real, nor any relationship contracted, in case the woman had no issue, on which principle there was no impediment to prevent the brother from marrying the widow of his brother. On other occasions such contracts were declared illegal, Leviticus xviii. 16. (Calmet)

This was a positive law, (Worthington; Genesis xxxviii.) which admitted of an exception.

From Haydock's Catholic Bible Commentary, 1859, in the transcription made by Todd Easton and kept online by John Paul Wohlschied at johnblood.gitlab.io/haydock.

The Fathers on this verse

Tertullian The Five Books Against Marcion, Moses, Allowing Divorce, and Christ Prohibiting It, Explained. John Baptist and Herod. Marcion's Attempt to Discover an Antithesis in the Parable of the Rich Man and the Poor Man in Hades Confuted. The Creator's Appointment Manifested in Both States

But Christ prohibits divorce, saying, “Whosoever putteth away his wife, and marrieth another, committeth adultery; and whosoever marrieth her that is put away from her husband, also committeth adultery.” In order to forbid divorce, He makes it unlawful to marry a woman that has been put away. Moses, however, permitted repudiation in Deuteronomy: “When a man hath taken a wife, and hath lived with her, and it come to pass that she find no favour in his eyes, because he hath found unchastity in her; then let him write her a bill of divorcement and give it in her hand, and send her away out of his house.” You see, therefore, that there is a difference between the law and the gospel, between Moses and Christ? To be sure there is! But then you have rejected that other gospel which witnesses to the same verity and the same Christ. …

Tertullian On Monogamy, Chapter VII

After the ancient examples of the patriarchs, let us equally pass on to the ancient documents of the legal Scriptures, that we may treat in order of all our canon. And since there are some who sometimes assert that they have nothing to do with the law (which Christ has not dissolved, but fulfilled), sometimes catch at such parts of the law as they choose; plainly do we too assert that the law has deceased in this sense, that its burdens, according to the sentence of the apostles, which not even the fathers were able to sustain, have wholly ceased: such (parts), however, as relate to righteousness not only permanently remain reserved, but even amplified; in order, to be sure, that our righteousness may be able to redound above the righteousness of the scribes and of the Pharisees. If “righteousness” must, of course chastity must too. …

St Augustine On the Good of Marriage, Section 27

27. Therefore at that time, when the Law also, following upon the days of the Patriarchs, pronounced accursed, whoso raised not up seed in Israel, even he, who could, put it not forth, but yet possessed it. But from the period that the fullness of time hath come, that it should be said, “Whoso can receive, let him receive,” from that period even unto this present, and from henceforth even unto the end, whoso hath, worketh: whoso shall be unwilling to work, let him not falsely say, that he hath. …

St Augustine On the Good of Widowhood, Section 10

10. Nor, because I called Ruth blessed, Anna more blessed, in that the former married twice, the latter, being soon widowed of her one husband, so lived long, do you straightway also think that you are better than Ruth. Forsooth different in the times of the Prophets was the dispensation of holy females, whom obedience, not lust, forced to marry, for the propagation of the people of God, that in them Prophets of Christ might be sent beforehand; whereas the People itself also, by those things which in figure happened among them, whether in the case of those who knew, or in the case of those who knew not those things, was nothing else than a Prophet of Christ, of whom should be born the Flesh also of Christ. In order therefore for the propagation of that people, he was accounted accursed by sentence of the Law, whoso raised not up seed in Israel. …

St Augustine Reply to Faustus the Manichæan, Faustus abhors Moses for the awful curse he has pronounced upon Christ. Augustin expounds the Christian doctrine of the suffering Saviour by comparing Old and New Testament passages

1. Faustus said: If you ask why we do not believe Moses, it is on account of our love and reverence for Christ. The most reckless man cannot regard with pleasure a person who has cursed his father. So we abhor Moses, not so much for his blasphemy of everything human and divine, as for the awful curse he has pronounced upon Christ the Son of God, who for our salvation hung on the tree. Whether Moses did this intentionally or not is your concern. Either way, he cannot be excused, or considered worthy of belief. His words are, "Cursed is every one that hangeth on a tree." You tell me to believe this man, though, if he was inspired, he must have cursed Christ knowingly and intentionally; and if he did it in ignorance, he cannot have been divine. Take either alternative. Moses was no prophet, and while cursing in his usual manner, he fell ignorantly into the sin of blasphemy against God. …

St Augustine Reply to Faustus the Manichæan, Faustus fails to understand why he should be required either to accept or reject the New Testament as a whole, while the Catholics accept or reject the various parts of the Old Testament at pleasure. Augustin denies that the Catholics treat the Old Testament arbitrarily, and explains their attitude towards it

4. I do not suppose that you will consent, or even listen, to such things as that a father-in-law should lie with his daughter-in-law, as Judah did; or a father with his daughters, like Lot; or prophets with harlots, like Hosea; or that a husband should sell his wife for a night to her lover, like Abraham; or that a man should marry two sisters, like Jacob; or that the rulers of the people and the men you consider as most inspired should keep their mistresses by hundreds and thousands; or, according to the provision made in Deuteronomy about wives, that the wife of one brother, if he dies without children, should marry the surviving brother, and that he should raise up seed from her instead of his brother; and that if the man refuses to do this, the fair plaintiff should bring her case before the elders, that the brother may be called and admonished to perform this religious duty; and th …

St Augustine Reply to Faustus the Manichæan, Faustus fails to understand why he should be required either to accept or reject the New Testament as a whole, while the Catholics accept or reject the various parts of the Old Testament at pleasure. Augustin denies that the Catholics treat the Old Testament arbitrarily, and explains their attitude towards it

5. Since you hold to the divine authorship of the Old as well as of the New Testament, it would surely be more consistent and more becoming, as you do not obey its precepts, to confess that it has been corrupted by improper additions, than to treat it so contemptuously, if it is genuine and uncorrupted. Accordingly, my explanation of your neglect of the requirements of the Old Testament has always been, and still is, that you are either wise enough to reject them as spurious, or that you have the boldness and irreverence to disregard them if they are true. At any rate, when you would oblige me to believe everything contained in the documents of the New Testament because I receive the Testament itself, you should consider that, though you profess to receive the Old Testament, you in your heart disbelieve many things in it. …

St Augustine Sermons on Selected Lessons of the New Testament, Of the agreement of the evangelists Matthew and Luke in the generations of the Lord

29. Added to this; there is another way peculiar to the Jews, in which a man might be the son of another of whom he was not born according to the flesh. For kinsmen used to marry the wives of their next of kin, who died without children, to raise up seed to him that was deceased. So then he who was thus born was both his son of whom he was born, and his in whose line of succession he was born. All this has been said, lest any one, thinking it impossible for two fathers to be mentioned properly for one man, should imagine that either of the Evangelists who have narrated the generations of the Lord are to be, by an impious calumny, charged so to say with a lie; especially when we may see that we are warned against this by their very words. …

St John Chrysostom The Homilies of St. John Chrysostom, Matthew XIII. 53

But as I think many are ignorant of the grievance itself, whence the murder had its origin, I must declare this too, that ye may learn the wisdom of the lawgiver. What then was the ancient law, which Herod indeed trampled on, but John vindicated? The wife of him that died childless was to be given to his brother. For since death was an incurable ill, and all was contrived for life’s sake; He makes a law that the living brother should marry her, and should call the child that is born by the name of the dead, so that his house should not utterly perish. For if the dead were not so much as to leave children, which is the greatest mitigation of death, the sorrow would be without remedy. Therefore you see, the lawgiver devised this refreshment for those who were by nature deprived of children, and commanded the issue to be reckoned as belonging to the other.

St John Damascene An Exact Exposition of the Orthodox Faith, Concerning our Lord's genealogy and concerning the holy Mother of God

One ought also to observe this, that the law was that when a man died without seed, this man’s brother should take to wife the wife of the dead man and raise up seed to his brother. The offspring, therefore, belonged by nature to the second, that is, to him that begat it, but by law to the dead.

St Ambrose Exposition of the Christian Faith, Chapter X. Observations on the words of John the Baptist (John i. 30), which may be referred to divine fore-ordinance, but at any rate, as explained by the foregoing considerations, must be understood of the Incarnation. The precedence of Christ is mystically expounded, with reference to the history of Ruth

69. Again, St. John Baptist also taught in less weighty language what ideas they were he had combined, saying: “After me cometh a Man, Whose shoes I am not worthy to bear,” setting forth at least the more excellent dignity [of Christ], though not the eternity of His Divine Generation. Now these words are so fully intended of the Incarnation, that Scripture hath given us, in an earlier book, a human counterpart of the mystic sandal. For, by the Law, when a man died, the marriage bond with his wife was passed on to his brother, or other man next of kin, in order that the seed of the brother or next of kin might renew the life of the house, and thus it was that Ruth, though she was foreign-born, but yet had possessed a husband of the Jewish people, who had left a kinsman of near relation, being seen and loved of Boaz whilst gleaning and maintaining herself and her mother-in-law with that sh …

St Gregory the Great The Book of Pastoral Rule, Of those who are able to profit others by virtuous example in supreme rule, but fly from it in pursuit of their own ease

For there are some who are eminently endowed with virtues, and for the training of others are exalted by great gifts, who are pure in zeal for chastity, strong in the might of abstinence, filled with the feasts of doctrine, humble in the long-suffering of patience, erect in the fortitude of authority, tender in the grace of loving-kindness, strict in the severity of justice. Truly such as these, if when called they refuse to undertake offices of supreme rule, for the most part deprive themselves of the very gifts which they received not for themselves alone, but for others also; and, while they meditate their own and not another’s gain, they forfeit the very benefits which they desire to keep to themselves. …

The Fathers are given as they wrote. Where a passage lays the Passion on the Jewish people, the Church teaches that it cannot be charged against all the Jews then living, nor against the Jews of today, and that all sinners were its authors (CCC 597, 598).