Deuteronomy 25:5–10

Deuteronomy 25:5

If brethren dwell together, and one of them die, and have no son, the wife of the dead shall not marry a stranger abroad her husband's brother shall go in unto her, and take her to him as wife, and perform the duty of a husband's brother unto her.

A man dies with no son. His family line is about to vanish, and this law hands the problem to his brother. Commentators trace it to Boaz, to Christ, and to a test put to Jesus by men who denied the resurrection.

Where the law sits

This law sits among rules that reach into the smallest corners of daily life.

In the rest of Deuteronomy 24, and in Deuteronomy 25, we again find many rules of mercy and goodness for the people, even in the most ordinary matters of household life. They cover not the wife only, but one's fellows, servants too, strangers, harvests and vineyards, down to the care of the cattle.

William Kelly

What the law actually required

The wording is narrow, and the limits matter.

This law applied only where brothers lived together. If one of them was married but died with no son, his brother was not to marry an outsider. He was to take his dead brother's widow as his wife (v.5). (Of course, this was only where the living brother had not married before.) If the new couple then had a son, that son was to be the successor of the first husband, so that his name would remain in Israel (v.6). Any sons born after that would be sons of the second husband.

Leslie M. Grant

Why a name mattered so much

Losing a family name in Israel carried the weight of God's displeasure. One writer adds that it also touched a hope every Hebrew woman held.

There was a merciful provision in the law (Deut. 25:5-10) that no man's family should be allowed to die out, while a brother survived to carry on the line. In Israel, to be childless was a disgrace. For a man's name to be blotted out — his family to die out — was regarded as a special mark of God's displeasure... It was provision for the earthly life, not the future one, that God had made... His provision also seems to recognise the hope in the heart of every Hebrew woman: that through her, in some way, the promise of "the woman's seed" might be fulfilled.

Samuel Ridout

An exception, not a pattern

This law is an exception, tied to something only Israel had.

A marked exception was needed to keep up tribal inheritance in Israel: a levirate, or brother-in-law, marriage. Such marriages existed elsewhere, but they applied to no other people as they did to Israel, and still less to a Christian. This applied when a man died childless, and his brother or next of kin was called to raise up offspring for the dead man. The aim was to bind up the family line and the inheritance. So much so, that if the nearer kinsman refused, the widow had the right to loose his shoe in public and spit in his face.

William Kelly

Boaz, and the kinsman who could not

The book of Ruth shows this law in action. Commentators read its two kinsmen as a picture.

This is why, in Ruth 4:1-8, a closer relative than Boaz had his sandal taken off when he could not take the place of husband to Ruth. This relative represents the law, which was in close relationship to Israel, but was helpless to redeem that nation. Boaz pictures the Lord Jesus, the only One who can redeem, to build up the house of one whose hope was gone.

Leslie M. Grant

Another writer sees the same Kinsman's duty done on a far greater scale.

Our Lord Jesus made Himself our Kinsman, and He has done a Kinsman's part in ways that outshine every comparison. Like a more self-sacrificing Boaz, at a price that cost Him everything, He has relieved not only a childless, penniless kinsman, but one who was guilty and ruined and sold into dishonourable captivity.

J. G. Bellett

The verse turned into a weapon

The Sadducees, a group who denied that the dead rise, used this law to argue against it. Jesus answered them twice over: from the state of risen people, and from the same books of Moses they were quoting.

The Sadducees of that day, like many people since, could imagine nothing different from what they had known. Here marriages take place. So in their thinking, if there was a resurrection, marriages must happen in heaven too. Their conclusion was wrong. Marriages do not take place among the saints in heaven. Death does not reign there; so marriage, by which the race is continued on earth, has no place on high... How simply the tables were turned. Deut. 25:5 showed, in their eyes, the folly of looking for a resurrection. Ex. 3:6 clearly implied a resurrection. Abraham, Isaac, and Jacob had died long before God spoke to Moses like this; yet He was still their God. So they did exist, for He is not a God of that which has no existence.

C E Stuart

Summary

- Mercy — the rule sits among laws in Deuteronomy 24–25 about mercy and goodness in everyday household life.

- Name — it applied only to brothers living together when one died with no son, so the dead man's name would remain in Israel.

- Disgrace — Israel saw childlessness and a blotted-out name as a mark of God's displeasure, so God made sure no family need die out.

- Kinsman — Boaz did this duty for Ruth when the nearer relative could not. Commentators read that kinsman as the law, helpless to redeem, and Boaz as Christ.

- Resurrection — the Sadducees used this law against the resurrection. Jesus showed from Moses that Abraham, Isaac and Jacob still exist, since God was still their God.

Deuteronomy 25:6

And it shall be, that the firstborn that she beareth shall stand in the name of his brother who is dead, that his name be not blotted out from Israel.

This verse sets the rule for what happens after a man marries his dead brother's widow: her first son counts as the dead man's son, not his own father's, so the dead man's name is not lost from Israel. That raises two questions — why God cared so much about a family name, and what it pictures beyond Israel.

The Rule Itself

The provision is narrow, and only the first child carries the dead man's name.

This law applied only where brothers were living together. If one of them was married but died with no son, his brother was not to marry an outsider. He was to take his dead brother's widow as his wife (v.5)... But if that new marriage produced a son, the son was to be the successor of the first husband, so that his name would remain in Israel (v.6). After that any sons born would be those of the second husband.

Leslie M. Grant

Why A Name Mattered

Losing a name in Israel was not a sentimental loss. It carried the weight of God's displeasure, and the law worked to prevent it.

The law made a merciful provision (Deut. 25:5-10) that no man's family should die out while a brother was still alive to carry on the line. In Israel, being childless was a disgrace. For a man's name to be blotted out — for his family to die out — was seen as a special mark of God's displeasure... His provision also seems to recognise the hope in every Hebrew woman's heart that through her the promise of "the woman's seed" might somehow be fulfilled. That was fulfilled literally in the family line kept alive through Ruth.

Samuel Ridout

Name Tied To Land

The name was not saved on its own. It stayed with the family's land. That is why this duty later went together with buying back property.

This required marriage followed the provision made in Jehovah's law (Deut. 25:6), so that the family name would continue together with the family's own land, even though its head had died with no heir. That had happened to both Elimelech and his two sons. And it was Jehovah's will that the inheritance of each family of the righteous people should stay theirs for ever (Lev. 25:23).

William J Hocking

The Price Of Refusing

A man could refuse. What followed was not execution but a lasting public brand.

The law did not say that a man who ignored such claims must die or be stoned. But deep reproach and lasting shame were to rest on the Jewish brother in a case like this... Suppose the brother refused this duty and would not raise up the name of his dead, childless brother on his inheritance and among the families of the land. Then the widow was to come, pull his sandal off his foot, and spit in his face. From then on his house was to be called "the house of him who had his sandal pulled off."

The Bible Treasury

Boaz And The Line Of David

Boaz is the clearest example of this law kept. The result went far beyond one name on a list.

Boaz redeems her inheritance, and marries her. He is not afraid of spoiling his own inheritance. He gives himself to the interests of his dead relative and of the childless, penniless widow he had left behind. This marriage, and the redemption of the inheritance that went with it, brings the house of Mahlon back to life and lifts it to royal honour... David, who sat on the throne of Israel, came from it in the third generation.

J. G. Bellett

What The Law Cannot Do

The relative who hands over his sandal pictures the law itself — able to claim, but unable to give life.

No, the law certainly cannot raise up the name of the dead on his inheritance. Only the power of God in grace can meet the need pictured here. The relative hands over his sandal — the sign of taking possession — to the One who has the power. The law gives its witness and yields its rights to Christ, and He is declared the only possible Redeemer.

Numerical Bible Notes

Misused Against Resurrection

This law was later turned into an argument that the dead do not rise. Jesus answered from a different passage.

Next the Sadducees came forward with their question, which they thought denied the resurrection. They had referred to Deut. 25:5. He answered them from Ex. 3:6. They thought the rule about marrying a brother's widow showed that a bodily resurrection was impossible. But they left out two important things: the power of God, and the teaching of the Scriptures (Mark 12:24). People in the resurrection state will be equal to the angels. They will never die, and marriage is unknown there. Also, God's word to Moses (Ex. 3:6) implied resurrection. So they were badly wrong.

C E Stuart

Summary

- Name first. The firstborn of the new marriage took the dead man's name, so his name stayed alive in Israel instead of ending with him.

- Name with land. The name stayed alive together with the family's land, so each household kept its inheritance for good.

- Name refused. A man could refuse. Then the widow pulled off his sandal and spat in his face, and his house carried that name from then on.

- Name revived. Boaz risked his own inheritance, and the house he revived rose to royal honour — David came from it in the third generation.

- Name only grace can raise. The law cannot raise up the name of the dead. It hands its rights over to Christ, the only Redeemer who can.

Deuteronomy 25:7

But if the man like not to take his brother's wife, his brother's wife shall go up to the gate unto the elders, and say, My husband's brother refuseth to raise up unto his brother a name in Israel he will not perform for me the duty of a husband's brother.

A childless widow stands at the city gate and names the man who will not do a brother's part for her. Her complaint raises two questions: why did a dead man's name matter so much in Israel, and what happened when the one man who could save it refused?

The Name That Must Not Die

The law she appeals to exists to stop a family line from ending:

There was a merciful provision in the law (Deut. 25:5-10) that no man's family should die out while a brother was alive to carry on the line. In Israel, to be childless was a reproach. If a man's name was blotted out and his family died out, people took it as a special mark of God's displeasure. There seems, too, to be a recognition in His provision of that hope in the heart of every Hebrew woman: that through her, in some way, the promise of "the woman's seed" might be fulfilled. This was to happen literally in the line preserved through Ruth.

Samuel Ridout

The first son of the new marriage stepped into the dead man's place:

If the new marriage produced a son, he was to be the successor of the first husband, so that his name would remain in Israel (v.6). Any sons born after him would belong to the second husband.

Leslie M. Grant

A Widow With a Voice

The woman is not left helpless. The law gives her a hearing before the elders:

It might be, however, that the man would not want his brother's wife. In this case the wife could bring the matter to the court at the gate of the city. The elders could then call the man and try to persuade him to marry the widow (vs.7-8).

Leslie M. Grant

Refusal Punished by Shame, Not Death

If he still refuses, the punishment is not what you would expect. He is not put to death; he is marked:

The law did not say that a man who ignored such claims must die or be stoned. Instead, deep reproach and lasting shame were to lie on the Jewish brother in such a case... If the brother refused to raise up the name of his dead and childless brother on the inheritance, the widow was to come to him. She was to pull his sandal off his foot and spit in his face. From then on his house was to be called "the house of him who had his sandal pulled off." He was not to be stoned; he was to carry a mark instead.

The Bible Treasury

The two acts carried different meanings:

Spitting speaks of the contempt of one man for the other. The removed sandal signified the weakness the man confessed in the presence of someone greater.

Leslie M. Grant

Where the Law Runs Out

Commentators see a larger picture here. The law itself has a limit when it meets death:

The law is really the next of kin to man; but he is dead, and it cannot raise him from the dead.

F. W. Grant

The sandal does not only shame a man. It passes on to someone with power:

No, the law certainly cannot raise up the name of the dead on his inheritance. The power of God in grace alone can meet the need pictured here. The kinsman passes his shoe — the sign of entering upon possession — to him in whom power is. The law testifies and yields its rights to Christ, and He is declared the only possible Redeemer.

F. W. Grant

The Claims of Our Own Kindred

One writer carries this over to believers today:

So with us. In the New Testament the Holy Spirit may not write a sentence of death against a believer who is indifferent to the duties of brotherhood, or to the claims of his new family in Christ. But, as under the law, He puts reproach on him. "But if anyone has the world's goods and sees his brother in need, yet closes his heart against him, how does God's love abide in him?" The spitting in the face was a vivid mark of God's distaste toward the Jew who refused the claims of his brother. This challenge — "How does God's love abide in him?" — shows in the same way the distance between the mind of God and such a Christian brother.

The Bible Treasury

Summary

- Name. The law kept an Israelite's family line and inheritance from disappearing. The first son of the new marriage carried the dead man's name.

- Voice. The widow was not powerless — she could take her case to the elders at the gate, and they were to press the man to act.

- Shame. Refusal brought no death sentence, only a permanent public mark: sandal pulled off, face spat on, house renamed.

- Helplessness. Writers see the man who will not act as a picture of the law itself — closely related to us, but unable to raise the dead.

- Redeemer. The shoe passes to Christ, the only Redeemer with power — and the duty of brotherly love now tests believers toward their own family in Christ.

Deuteronomy 25:8

Then the elders of his city shall call him and speak unto him; and if he stand to it and say, I like not to take her;

Commentary for this verse has not been generated yet.

Deuteronomy 25:9

then shall his brother's wife come near to him before the eyes of the elders, and draw his sandal from his foot, and spit in his face, and shall answer and say, So shall it be done unto the man that will not build up his brother's house.

A man has refused, in front of the town elders, to marry his dead brother's widow and keep that brother's name alive. What the widow then does is not a court sentence but a ceremony of shame.

The law behind the ceremony

Before the shame, there is the kindness the man is refusing. One writer explains why Israel took a childless death so seriously, and what hope hung on a family line continuing:

The law made a merciful provision (Deut. 25:5-10): no man's family should die out while a brother was still alive to carry on the line. In Israel, being childless was a disgrace. If a man's name was blotted out and his family died out, people saw it as a special mark of God's displeasure… His provision also seems to recognize the hope in the heart of every Hebrew woman: that through her, in some way, the promise of "the woman's seed" might be fulfilled. That was fulfilled literally in the line preserved through Ruth.

Samuel Ridout

Shame, not stoning

The refusing brother is not executed, and he is not forced. One commentator marks the limit the law set here:

The law did not say that a man who ignored such claims must die or be stoned. But deep reproach and lasting shame were to rest on the Jewish brother in such a case… He was not to be stoned. Instead he carried a mark, left standing like a pillar of salt.

The Bible Treasury

The rule also reached back to an older practice, and it left the man a choice:

The law itself grew out of an old custom, one we already find in Genesis 38:8-11. Moses recognized here that the custom was not compulsory.

Arno Clemens Gaebelein

Why a sandal

The shoe carried a settled legal meaning in Israel:

Taking off the shoe was also an ancient custom. According to Ruth 4:7, people used it in cases of redemption and exchange, to confirm a business deal. The custom began this way: a man took possession of land by treading on the soil, claiming his right to it by standing on it in his shoes. So taking off the shoe and handing it to another became a symbol of giving up a man's position and property.

Arno Clemens Gaebelein

Two acts, two messages

The widow could take the case to the elders first. If the man still refused, her two actions each said something different:

The wife could bring the matter to the court, at the gate of the city, and the elders could call the man and try to persuade him to marry the widow… This is why, in Ruth 4:1-8, a relative closer than Boaz had his sandal taken off when he could not take the place of husband to Ruth. Taking off the sandal had become a custom in Israel, but spitting in the face is not mentioned there. Spitting speaks of one person's contempt for another. The removed sandal confessed weakness in the presence of someone greater — just as the law must confess its weakness next to Christ, the Man of strength and of infinite grace.

Leslie M. Grant

The kinsman who could not

Read alongside Ruth, this law becomes a picture. The man with the prior claim steps back, and everything passes to another:

No, the law certainly cannot raise up the name of the dead on his inheritance. The power of God in grace alone can meet the need pictured here. The kinsman passes his shoe — the sign of entering into possession — to the one in whom power lies. The law testifies and yields its rights to Christ, and He is declared the only possible Redeemer.

Numerical Bible Notes

Commentators differ on who that nearer kinsman stands for. Reading the same scene in Ruth, another writer sees not the law but ordinary humanity:

The nearer kinsman was more closely related to Naomi than Boaz was. So he seems to picture our fellow man rather than the law. Man has no nearer kinsman than those of his own flesh and blood.

G. F. Vallance

The duty of brotherhood now

The shame attached to that ancient refusal still has an edge for readers today:

In the New Testament the Holy Spirit may not write a death sentence against a believer who ignores the duties of brotherhood, or the claims of his new family in Christ. But, as under the law, He puts reproach on him. "Whoever has the world's goods and sees his brother in need, yet closes his heart against him, how does God's love abide in him?"… This challenge shows the distance between the mind of God and such a Christian brother.

The Bible Treasury

Summary

- Duty — the law kept families in Israel from dying out. A surviving brother was to keep the dead man's name on his inheritance.

- Refusal — the man could say no. God did not compel him, and the practice itself was older than Moses.

- Shame — instead of death, a public mark. Spitting showed contempt, and the sandal pulled off confessed weakness.

- Transfer — a man took land by standing on it. So handing over the sandal handed over every claim to it, as in Ruth 4.

- Redeemer — the one who cannot redeem gives up his shoe to the One who can. The law yields its rights, and Christ alone raises up the name of the dead.

Deuteronomy 25:10

And his name shall be called in Israel, The house of him that hath his shoe drawn off.

This verse gives the penalty for a man who refused to marry his dead brother's widow: a nickname that stuck to his whole household. Why did Israel treat that refusal so seriously, and why was the penalty shame instead of death?

The Law Behind the Name

The nickname is the last step in a law that starts at verse 5.

The law in Deuteronomy 25 teaches us that an Israelite had to marry his brother's widow if that brother had died childless. He was to raise up seed to his brother, so that the firstborn of that marriage would secure his brother's name and inheritance. If he refused this service to his dead brother, he faced public shame, and a mark of disgrace was fixed on him.

J. G. Bellett

This law had a name, and its reason lay in Israel's tribal land.

Israel needed a special exception to keep up tribal inheritance: levirate marriage, that is, marriage to a brother-in-law. The custom existed elsewhere, but it applied to no other people as it did to Israel, and still less to a Christian.

William Kelly

Why a Vanished Name Mattered

A family line dying out was no private sadness in Israel.

The law made a merciful provision (Deuteronomy 25:5-10). No man's family was to die out while a brother lived to continue the line. In Israel, to be childless was a reproach. A man's name blotted out — his family gone — was seen as a special mark of God's displeasure. The Sadducees, in our Lord's day, might try to ridicule the truth of resurrection by bringing in this merciful provision. But they only showed their ignorance of "the Scriptures and the power of God." God had made this provision for the earthly life, not the future one.

Samuel Ridout

Reproach Instead of Execution

The penalty here stops short of death.

The law did not say that a man who left such claims unanswered must face death or stoning. Deep reproach and lasting shame were to lie on him instead. If the brother refused this duty, and would not raise up the name of his dead and childless brother on the inheritance and among the families of the land, his house from then on was to be called "The house of him who had his sandal pulled off." He was not to be stoned, but to have a mark put on him.

The Bible Treasury

What the Sandal and the Spitting Meant

The sandal and the spitting mean different things. Only one of them turns up again in the story of Ruth.

If he firmly refused to marry her, the widow was allowed to remove the sandal from his foot and spit in his face. At the same time she said, "So shall it be done to the man who will not build up his brother's house." This is why, in Ruth 4:1-8, a closer relative than Boaz had his sandal taken off when he could not take the place of husband to Ruth. This relative stands for the law. The law was in close relationship to Israel, but it was helpless to redeem that nation. Boaz pictures the Lord Jesus, the only One who can redeem and build up the house of one whose hope was gone. By that time, taking off the sandal had become a custom in Israel, but spitting in the face is not mentioned. Spitting speaks of one person's contempt for another. The sandal removed signified weakness confessed in the presence of a superior, just as the law must confess its weakness compared with Christ, the Man of strength and of infinite grace.

Leslie M. Grant

The Same Reproach Today

One writer carries this into the Christian life, where the penalty is gone but not the reproach.

So with us. In the New Testament the Holy Spirit may not write a sentence of death against a believer who is indifferent to the duties of brotherhood, or to the claims of his new family in Christ. But, as under the law, He puts reproach on him. "If anyone has the world's goods and sees his brother in need, yet closes his heart against him, how does God's love abide in him?" The spitting in the face was a vivid mark of God's distaste toward the Jew who refused his brother's claims in this way. This challenge — "How does God's love abide in him?" — shows the same distance between the mind of God and such a Christian brother.

The Bible Treasury

Summary

- Duty. A living brother had to marry the childless widow. The firstborn son then carried the dead man's name and inheritance.

- Mercy. The law kept families in Israel from dying out. A name blotted out was seen as a special mark of God's displeasure.

- Refusal. The man who would not build up his brother's house lost his sandal and was spat on — open contempt, and weakness confessed.

- Reproach. God did not stone him. He marked him, and the mark passed to his whole household as a name.

- Reach. In Ruth, the nearer relative has his sandal taken off because he cannot redeem. Boaz pictures Christ, the only One able to build up a house whose hope was gone. The same reproach still rests on anyone who shuts his heart against his brother.