''Yibbum'' (, ) is the form of

levirate marriage Levirate marriage is a type of marriage in which the brother of a deceased man is obliged to marry his brother's widow. Levirate marriage has been practiced by societies with a strong clan structure in which exogamous marriage (i.e. marriage o ...

found in

Judaism Judaism () is an Abrahamic religions, Abrahamic, Monotheism, monotheistic, ethnic religion that comprises the collective spiritual, cultural, and legal traditions of the Jews, Jewish people. Religious Jews regard Judaism as their means of o ...

. As specified by , 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 ''Halitsah'' or ''chalitzah'' () in Rabbinical Judaism is the process by which a childless widow and a brother of her deceased husband may avoid the duty to marry under the biblical system of yibbum (levirate marriage) The process involves the ...

'', involving a symbolic act of renunciation of their right to perform this marriage. Jewish law (''

halakha ''Halakha'' ( ; , ), also Romanization of Hebrew, transliterated as ''halacha'', ''halakhah'', and ''halocho'' ( ), is the collective body of Judaism, Jewish religious laws that are derived from the Torah, Written and Oral Torah. ''Halakha'' is ...

'') 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.

In the Hebrew Bible

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 ''

'', 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" (), 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. 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.Frymer-Kensky, Tikva. "Tamar: Bible", ''Jewish Women: A Comprehensive Historical Encyclopedia''. 20 March 2009. Jewish Women's Archive. (Viewed on August 6, 2014)
/ref>

Levirate-type marriages other than yibbum

A detailed account of a levirate-type marriage in the

Hebrew Bible The Hebrew Bible or Tanakh (;"Tanach"
. '' Judah and his daughter-in-law Tamar found in . 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 Story of Onan Onan was a figure detailed in the Book of Genesis chapter 38, as the second son of Judah who married the daughter of Shuah the Canaanite. Onan had an older brother Er and a younger brother, Shelah as well. Onan was commanded ...

, 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 The Book of Ruth (, ''Megillath Ruth'', "the Scroll of Ruth", one of the Five Megillot) is included in the third division, or the Writings ( Ketuvim), of the Hebrew Bible. In most Christian canons it is treated as one of the historical books ...

''. After the death of her husband, Ruth is noticed and welcomed by her husband's kinsman,

Boaz Boaz (; Hebrew: בֹּעַז ''Bōʿaz''; ) is a biblical figure appearing in the Book of Ruth in the Hebrew Bible and in the genealogies of Jesus in the New Testament and also the name of a pillar in the portico of the historic Temple in Jeru ...

. 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.

Laws of ''yibbum'' and ''halizah''

Halakha ''Halakha'' ( ; , ), also Romanization of Hebrew, transliterated as ''halacha'', ''halakhah'', and ''halocho'' ( ), is the collective body of Judaism, Jewish religious laws that are derived from the Torah, Written and Oral Torah. ''Halakha'' is ...

'' (Jewish law) has a tradition around ''yibbum''. These laws were first recorded in the

Mishna The Mishnah or the Mishna (; , from the verb ''šānā'', "to study and review", also "secondary") is the first written collection of the Jewish oral traditions that are known as the Oral Torah. Having been collected in the 3rd century CE, it is ...

and

Talmud The Talmud (; ) is the central text of Rabbinic Judaism and the primary source of Jewish religious law (''halakha'') and Jewish theology. Until the advent of Haskalah#Effects, modernity, in nearly all Jewish communities, the Talmud was the cen ...

Yevamot Yevamot (, "Brother's Widow", also pronounced Yevamos, or Yavmus) is a tractate of the Talmud that deals with, among other concepts, the laws of Yibbum (, loosely translated in English as levirate marriage), and, briefly, with conversion to Jud ...

, and were later codified by

Maimonides Moses ben Maimon (1138–1204), commonly known as Maimonides (, ) and also referred to by the Hebrew acronym Rambam (), was a Sephardic rabbi and Jewish philosophy, philosopher who became one of the most prolific and influential Torah schola ...

in the ''

Mishneh Torah The ''Mishneh Torah'' (), also known as ''Sefer Yad ha-Hazaka'' (), is a code of Rabbinic Jewish religious law (''halakha'') authored by Maimonides (Rabbi Moshe ben Maimon/Rambam). The ''Mishneh Torah'' was compiled between 1170 and 1180 CE ( ...

''. 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 and . (See

Incest in the Bible Narratives featuring incest can be found in the Hebrew Bible, which contains mentions of various types of sexual relationships. It also lays out rules and regulations with regard to prohibited degree of kinship. These prohibitions are found predo ...

When ''yibbum'' applies

The obligation for ''yibbum'' is found at , 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 either ''yibbum'' or ''

''. For the laws of ''yibbum'' only brothers that share a common father are considered brothers. In the event of several brothers in the family, the eldest surviving brother has the first right of ''yibbum''. In order for ''yibbum'' to apply, all of the following conditions must be met: # The brothers share a common father

Babylonian Talmud The Talmud (; ) is the central text of Rabbinic Judaism and the primary source of Jewish religious law (''halakha'') and Jewish theology. Until the advent of modernity, in nearly all Jewish communities, the Talmud was the centerpiece of Jewi ...

, ''

'' 17b # The dead brother had no surviving children, male or female, from any relationship, at the time of his death # The brother performing ''yibbum'' was born before his brother's death # The brother performing ''yibbum'' is not forbidden, other than by her marriage to the dead brother, to marry ''any'' of his dead brother's widows (e.g. if any of them is his daughter, ''yibbum'' does not apply to him at all)(and in the Talmudic discussion of such a case the other wives are referred to as ''tzarat habat'', the "daughter's rival") # The brother performing ''yibbum'' is physically capable of fathering children # The widow is or was physically capable of bearing children Even if some of the brothers do not meet all the conditions to be eligible for ''yibbum'', as long as there is one that does, ''yibbum'' applies to him. If there is no brother who meets all of the conditions, neither ''yibbum'' nor ''halizah'' applies, except if the widow is forbidden to marry the brother as a result of a prohibition not involving the punishment of

kareth The Hebrew term ''kareth'' ("cutting off" , ), or extirpation, is a form of punishment for sin, mentioned in the Hebrew Bible and later Jewish writings. The typical Biblical phrase used is "that soul shall be cut off from its people" or a slight ...

(spiritual excision), in which case ''halitzah'' would apply.

Restrictions related to ''yibbum''

It is forbidden for any of the widows to remarry until ''yibbum'' or ''halizah'' has been performed. If the deceased left multiple wives ''yibbum'' may only be performed with one of them, at which time the remaining wives are permitted to remarry. Likewise, if ''yibbum'' is not performed, ''halizah'' is only performed with one of the widows, after which all of them may remarry. If all surviving brothers are still children, the widow must wait until one reaches halachic adulthood, at which time he can perform yibbum or ''halizah''. Similarly, if the brother is missing, the woman is required to wait until he is located. This can lead to a situation similar to an ''

agunah An aguna or agunah (, plural: , ''ʿaḡunoṯ'') is a Jewish woman who is stuck in her marriage as determined by traditional halakha (Jewish law). The classic case is a man who has left on a journey and has not returned or has gone into battle ...

''.

How ''yibbum'' is performed

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, thus, they need only cohabit to perform ''yibbum''. Nevertheless, the Sages decreed that the couple perform a marriage-like

ceremony A ceremony (, ) is a unified ritualistic event with a purpose, usually consisting of a number of artistic components, performed on a special occasion. The word may be of Etruscan language, Etruscan origin, via the Latin . Religious and civil ...

called ''maamar'', recite the marriage blessings (''

sheva brachot ''Sheva Brachot'' (; literally, "the seven blessings"), also known as ''birkot nissuin'' (; literally, "the wedding blessings") in ''Halakha'', are blessings that have historically been recited during the wedding of a Jewish couple. There are tw ...

'') and write a prenuptial agreement (''

ketubah A ketubah (; ) is a Jewish marriage contract. It is considered an integral part of a Jewish views on marriage, traditional Jewish marriage, and outlines the rights and responsibilities of the groom, in relation to the bride. In modern practice, ...

''). Only one brother may perform ''yibbum''. The oldest brother is given preference, but if he refuses, the brother who is second in line can perform ''yibbum'', and if a brother performed ''yibbum'' out of turn, it is nevertheless valid.Talmud Yevamot 24a After one brother performs ''yibbum'' or ''halizah'', none of the brothers may marry any of the other widows.

Other laws

Because there is a general prohibition on a man marrying his brother's wife, anytime that a ''yibbum'' is not required (for example, the deceased had a child), levirate marriage is forbidden. Likewise, anytime that there is a doubt whether ''yibbum'' is required, it is also forbidden and ''halizah'' is required. The

Samaritans Samaritans (; ; ; ), are an ethnoreligious group originating from the Hebrews and Israelites of the ancient Near East. They are indigenous to Samaria, a historical region of History of ancient Israel and Judah, ancient Israel and Judah that ...

followed a slightly different course, which may indicate an earlier custom; they practised ''yibbum'' only when the woman was betrothed and the marriage had not been consummated.

Karaite Judaism Karaite Judaism or Karaism is a Rabbinic Judaism, non-Rabbinical Jewish religious movements, Jewish sect characterized by the recognition of the written Tanakh alone as its supreme religious text, authority in ''halakha'' (religious law) and t ...

appear to have followed the same practice, and Benjamin Nahawandi as well as Elijah Bashyazi favored it.

History

The rabbis in the time of the ''

mishnah The Mishnah or the Mishna (; , from the verb ''šānā'', "to study and review", also "secondary") is the first written collection of the Jewish oral traditions that are known as the Oral Torah. Having been collected in the 3rd century CE, it is ...

'' 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 a ''

'' (marriage contract), but over the centuries the performance of levirate marriage (''yibbum'') declined in favor of ''halizah'' (the act of refusal). By Talmudic times the practice of levirate marriage was deemed secondary in preference to ''halizah'' by some of the rabbis, because of the brother's questionable intentions; indeed, to marry a brother's widow for her beauty was regarded by Abba Saul as equivalent to incest.

Bar Kappara Bar Kappara () was a Jewish scholar of the late second and early third century CE (i.e., during the period between the tannaim and amoraim). He was active in Caesarea Maritima, the capital of the Roman province of Syria Palaestina, from around 18 ...

also recommends ''halizah''. A difference of opinion appears among the later authorities, with

Isaac Alfasi Isaac ben Jacob Alfasi (1013–1103) (, ), also known as the Alfasi or by his Hebrew acronym, the Rif (Rabbi Isaac al-Fasi), was a Maghrebi Talmudist and posek (decider in matters of halakha, Jewish law). He is best known for his work of '' ...

, and the Spanish school generally upholding the custom, while

Rabbeinu Tam Jacob ben Meir (1100 – 9 June 1171 (4 Tammuz)), best known as Rabbeinu Tam (), was one of the most renowned Ashkenazi Jewish rabbis and leading French Tosafists, a leading '' halakhic'' authority in his generation, and a grandson of Rashi. K ...

and the Northern school prefer ''halizah.'' A change of religion on the part of the surviving brother does not affect the obligation of the levirate, or its alternative, the ''halizah''. Additionally, if the surviving brother is married, Ashkenazim, who follow the ''

takkanah A ''takkanah'' (, pl. ''takkanot'', 'improvement') is a major legislative enactment within ''halakha'', the normative system of Judaism's laws. A ''takkanah'' is an enactment that revises an ordinance that no longer satisfies the requirements of t ...

'' of

Gershom ben Judah Gershom ben Judah, (c. 960–1040) best known as Rabbeinu Gershom (, "Our teacher Gershom") and also commonly known to scholars of Rabbinic Judaism by the title ''Rabbeinu Gershom Me'Or Hagolah'' ("Our teacher Gershom the light of the exile"), was ...

abolishing

polygamy Polygamy (from Late Greek , "state of marriage to many spouses") is the practice of marriage, marrying multiple spouses. When a man is married to more than one wife at the same time, it is called polygyny. When a woman is married to more tha ...

, 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 Orthodox Judaism is a collective term for the traditionalist branches of contemporary Judaism. Theologically, it is chiefly defined by regarding the Torah, both Written and Oral, as literally revealed by God on Mount Sinai and faithfully tr ...

in modern times have generally upheld the position of Rabbeinu Tam and perform ''halizah'' rather than ''yibbum''.

Yemenite Jews Yemenite Jews, also known as Yemeni Jews or Teimanim (from ; ), are a Jewish diaspora group who live, or once lived, in Yemen, and their descendants maintaining their customs. After several waves of antisemitism, persecution, the vast majority ...

, though orthodox, practised ''yibbum'' until the ''en masse''

Aliyah ''Aliyah'' (, ; ''ʿălīyyā'', ) is the immigration of Jews from Jewish diaspora, the diaspora to, historically, the geographical Land of Israel or the Palestine (region), Palestine region, which is today chiefly represented by the Israel ...

of Jews to

Eretz Israel The Land of Israel () is the traditional Jewish name for an area of the Southern Levant. Related biblical, religious and historical English terms include the Land of Canaan, the Promised Land, the Holy Land, and Palestine. The definitions ...

in the last century. In 1950, the Rabbinate of Israel, along with the Chief 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.

Conservative Judaism Conservative Judaism, also known as Masorti Judaism, is a Jewish religious movements, Jewish religious movement that regards the authority of Jewish law and tradition as emanating primarily from the assent of the people through the generations ...

formally retains it.

Reform Judaism Reform Judaism, also known as Liberal Judaism or Progressive Judaism, is a major Jewish religious movements, Jewish denomination that emphasizes the evolving nature of Judaism, the superiority of its Jewish ethics, ethical aspects to its ceremo ...

and

Reconstructionist Judaism Reconstructionist Judaism () is a Jewish religious movements, Jewish movement based on the concepts developed by Rabbi Mordecai Kaplan (1881–1983)—namely, that Judaism as a Civilization, Judaism is a progressively evolving civilization rather ...

have abolished it.

In popular culture

''Yibbum'' forms the plot of the Hallmark movie ''

Loving Leah ''Loving Leah'' is a 2009 American romantic drama television film that aired on CBS as a ''Hallmark Hall of Fame'' movie on January 25, 2009. The film is directed by Jeff Bleckner and stars Adam Kaufman as a non-observant Jewish bachelor who ...

''.

References

External links

Levirate Marriage and Halizah
{{Types of marriages, state=autocollapse Jewish marital law Positive Mitzvoth Widow inheritance