Judges, Ruth: Revised Edition (The NIV Application Commentary)

by K. Lawson Younger

The levirate marriage is found in three passages64: (1) Deuteronomy 25:5–10 (legal statements), (2) Genesis 38 (Onan and Tamar; no progeny), and (3) Ruth 4 (Boaz and Ruth; progeny). “The purpose of the levirate was to prevent extinction of the deceased’s title to his landed inheritance.”65 Through it, family or clan wholeness was restored. Thus it was clearly a legal fiction, insofar as the offspring from the levirate belonged fictionally to the deceased line. Westbrook argues: “It is clear, therefore, that the levirate is a great sacrifice on the part of the brother, for he might just let the deceased remain without issue and take over the inheritance for himself and his progeny.”66 Though the offspring from the levirate belonged fictionally to the deceased’s line, the offspring took their name from the levir (as Gen 38 and Ruth 4 manifest). In light of this, the reluctance of the levir in Deuteronomy 25 and Genesis 38 are understandable. However, in Genesis 38 had Onan refused outright, he would have gained nothing, since either his father or younger brother could have performed the levirate and thus produced an heir to Er. Moreover, as the firstborn, Er was entitled to a double share, as would be his fictional son, so Onan’s potential loss was even greater. Thus, Onan devised a subterfuge or trick. He ostensibly undertook the responsibility given to him but took care that no heir could possibly result from the union. He had intercourse with Tamar but made sure that he d...