Yibbum
Encyclopedia
Yibbum or levirate marriage
, in Judaism
, is one of the most complex types of marriages
mandated by Torah
law by which, according to the law, the brother of a man who died without children has an obligation 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
, involving a symbolic act of renunciation of their right to perform this marriage. Jewish law (halakha
) has seen a gradual decline of yibbum in favor of halizah, to the point where in most contemporary Jewish communities the former is strongly discouraged.
The concept of yibbum is not unique to Judaism. Known as levirate marriage
(when the marriage is to the deceased's brother) or widow inheritance
(when it is to any surviving male relative), it has been practiced by other societies with a strong clan
structure. It is or was known in societies including the Punjabis
, Jat
s, Huns
(Chinese "Xiongnu
", "Hsiong-nu
", etc.), Mongols, and Tibetan
s.
, except for the case of yibbum. The surviving brother is given a choice to fulfill the yibbum obligation or to perform halizah
, 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. Levirate marriage is permissible only when the dead brother had no children at all.
The most famous case of a levirate-type marriage in the Hebrew Bible
is the unusual union of 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 contemporary Middle East practices.
Another example of an analogous arrangement to yibbum is recounted in the Book 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 anonymous Ploni Almoni who performs halizah, 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.
(Jewish law) has a rich tradition around yibbum. These laws were first recorded in the Mishna and Talmud
in Yevamot, and were later codified by Maimonides
in the Mishneh 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.
Even if some of the brothers don't 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 that meets all of the conditions, neither yibbum nor halitzah applies, except if the widow is forbidden to marry the brother as a result of a prohibition not involving the punishment of kares (spiritual exicision), in which case halitzah would apply.
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
.
) and write a prenuptial agreement (ketubah
).
Only one brother may perform yibbum. The oldest brother is given preference, but if he refuses, any brother can perform yibbum, and if a brother performed yibbum out of turn, it is nevertheless valid. After one brother performs yibbum or halizah, none of the brothers may marry any of the widows.
Likewise, anytime that there is a doubt whether yibbum is required, it is also forbidden and halizah is required.
The Samaritans followed a slightly different course, which may indicate an earlier custom among the Hebrews; the former practiced the levirate only when the woman was betrothed and the marriage had not been consummated. The Karaites appear to have followed the same practice, and Benjamin Nahawendi, as well as Elijah Bashyazi
, favored it.
added formal marriage requirements such as a ketubah
(marriage contract), but over the centuries yibbum waned in favor.
By Talmudic times the practice of levirate marriage was deemed secondary in preference to halizah 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
also recommends halizah. A difference of opinion appears among the later authorities, with Alfasi, Maimonides
, and the Spanish school generally upholding the custom, while Rabbeinu Tam
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 of Gershom ben Judah
abolishing polygamy
, would be compelled to perform halizah.
Orthodox Jews in modern times have generally upheld the position of Rabbeinu Tam and perform halizah rather than yibbum. Conservative Judaism
formally retains it. Reform Judaism
and Reconstructionist Judaism
have abolished it.
Yibbum forms the plot of the Hallmark movie Loving Leah
.
Levirate marriage
Levirate marriage is a type of marriage in which the brother of a deceased man is obligated to marry his brother's widow, and the widow is obligated to marry her deceased husband's brother....
, in Judaism
Judaism
Judaism ) is the "religion, philosophy, and way of life" of the Jewish people...
, is one of the most complex types of marriages
Types of marriages
The type, functions, and characteristics of marriage vary from culture to culture, and can change over time. In general there are two types: civil marriage and religious marriage, and typically marriages employ a combination of both The type, functions, and characteristics of marriage vary from...
mandated by Torah
Torah
Torah- A scroll containing the first five books of the BibleThe Torah , is name given by Jews to the first five books of the bible—Genesis , Exodus , Leviticus , Numbers and Deuteronomy Torah- A scroll containing the first five books of the BibleThe Torah , is name given by Jews to the first five...
law by which, according to the law, the brother of a man who died without children has an obligation 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
Halizah
Under the Biblical system of levirate marriage known as Yibbum, Halizah is the ceremony by which a widow and her husband's brother could avoid the duty to marry after the husband's death....
, involving a symbolic act of renunciation of their right to perform this marriage. Jewish law (halakha
Halakha
Halakha — also transliterated Halocho , or Halacha — is the collective body of Jewish law, including biblical law and later talmudic and rabbinic law, as well as customs and traditions.Judaism classically draws no distinction in its laws between religious and ostensibly non-religious life; Jewish...
) has seen a gradual decline of yibbum in favor of halizah, to the point where in most contemporary Jewish communities the former is strongly discouraged.
The concept of yibbum is not unique to Judaism. Known as levirate marriage
Levirate marriage
Levirate marriage is a type of marriage in which the brother of a deceased man is obligated to marry his brother's widow, and the widow is obligated to marry her deceased husband's brother....
(when the marriage is to the deceased's brother) or widow inheritance
Widow inheritance
Widow inheritance, also known as bride inheritance, is a type of marriage in which a widow marries a kinsman of her late husband, often his brother....
(when it is to any surviving male relative), it has been practiced by other societies with a strong clan
Clan
A clan is a group of people united by actual or perceived kinship and descent. Even if lineage details are unknown, clan members may be organized around a founding member or apical ancestor. The kinship-based bonds may be symbolical, whereby the clan shares a "stipulated" common ancestor that is a...
structure. It is or was known in societies including the Punjabis
Punjabi people
The Punjabi people , ਪੰਜਾਬੀ ), also Panjabi people, are an Indo-Aryan group from South Asia. They are the second largest of the many ethnic groups in South Asia. They originate in the Punjab region, which has been been the location of some of the oldest civilizations in the world including, the...
, Jat
Jat people
The Jat people are a community of traditionally non-elite tillers and herders in Northern India and Pakistan. Originally pastoralists in the lower Indus river-valley of Sindh, Jats migrated north into the Punjab region in late medieval times, and subsequently into the Delhi Territory,...
s, Huns
Huns
The Huns were a group of nomadic people who, appearing from east of the Volga River, migrated into Europe c. AD 370 and established the vast Hunnic Empire there. Since de Guignes linked them with the Xiongnu, who had been northern neighbours of China 300 years prior to the emergence of the Huns,...
(Chinese "Xiongnu
Xiongnu
The Xiongnu were ancient nomadic-based people that formed a state or confederation north of the agriculture-based empire of the Han Dynasty. Most of the information on the Xiongnu comes from Chinese sources...
", "Hsiong-nu
Xiongnu
The Xiongnu were ancient nomadic-based people that formed a state or confederation north of the agriculture-based empire of the Han Dynasty. Most of the information on the Xiongnu comes from Chinese sources...
", etc.), Mongols, and Tibetan
Tibetan people
The Tibetan people are an ethnic group that is native to Tibet, which is mostly in the People's Republic of China. They number 5.4 million and are the 10th largest ethnic group in the country. Significant Tibetan minorities also live in India, Nepal, and Bhutan...
s.
In the Hebrew Bible
Marriage with a brother's widow is forbidden by the TorahTorah
Torah- A scroll containing the first five books of the BibleThe Torah , is name given by Jews to the first five books of the bible—Genesis , Exodus , Leviticus , Numbers and Deuteronomy Torah- A scroll containing the first five books of the BibleThe Torah , is name given by Jews to the first five...
, except for the case of yibbum. The surviving brother is given a choice to fulfill the yibbum obligation or to perform halizah
Halizah
Under the Biblical system of levirate marriage known as Yibbum, Halizah is the ceremony by which a widow and her husband's brother could avoid the duty to marry after the husband's death....
, 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. Levirate marriage is permissible only when the dead brother had no children at all.
The most famous case of a levirate-type marriage in the Hebrew Bible
Hebrew Bible
The Hebrew Bible is a term used by biblical scholars outside of Judaism to refer to the Tanakh , a canonical collection of Jewish texts, and the common textual antecedent of the several canonical editions of the Christian Old Testament...
is the unusual union of Judah
Judah (Biblical figure)
Judah was, according to the Book of Genesis, the fourth son of Jacob and Leah, and the founder of the Israelite Tribe of Judah. Biblical scholars, such as J. A...
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 contemporary Middle East practices.
Another example of an analogous arrangement to yibbum is recounted in the Book of Ruth
Book of Ruth
The Book of Ruth is one of the books of the Hebrew Bible, Tanakh, or Old Testament. In the Jewish canon the Book of Ruth is included in the third division, or the Writings . In the Christian canon the Book of Ruth is placed between Judges and 1 Samuel...
. After the death of her husband, Ruth
Ruth (biblical figure)
Ruth , is the main character in the Book of Ruth in the Hebrew Bible.-Biblical narrative:Ruth was a Moabitess, who married Mahlon, the son of Elimelech and Naomi, but Elimelech and his two sons died...
is noticed and welcomed by her husband's kinsman, Boaz
Boaz
Boaz is a major figure in The Book of Ruth in the Bible. The term is found 24 times in the Scriptures, being two in Greek ....
. After Ruth is rejected by an anonymous Ploni Almoni who performs halizah, 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
HalakhaHalakha
Halakha — also transliterated Halocho , or Halacha — is the collective body of Jewish law, including biblical law and later talmudic and rabbinic law, as well as customs and traditions.Judaism classically draws no distinction in its laws between religious and ostensibly non-religious life; Jewish...
(Jewish law) has a rich tradition around yibbum. These laws were first recorded in the Mishna and Talmud
Talmud
The Talmud is a central text of mainstream Judaism. It takes the form of a record of rabbinic discussions pertaining to Jewish law, ethics, philosophy, customs and history....
in Yevamot, and were later codified by Maimonides
Maimonides
Moses ben-Maimon, called Maimonides and also known as Mūsā ibn Maymūn in Arabic, or Rambam , was a preeminent medieval Jewish philosopher and one of the greatest Torah scholars and physicians of the Middle Ages...
in the Mishneh Torah
Mishneh Torah
The Mishneh Torah subtitled Sefer Yad ha-Hazaka is a code of Jewish religious law authored by Maimonides , one of history's foremost rabbis...
. 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.
When yibbum applies
According to halakha, when a married man dies without having any children, male or female, from any relationship (including premarital and extra marital), his widow and his brother must perform either yibbum or halizah. For the laws of yibbum only brothers that share a common father are considered brothers. In order for yibbum to apply, all of the following conditions must be met:- The brothers share a common father
- 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 to marry any of his dead brother's widows (e.g. if any of them is his daughter, yibbum doesn't apply to him at all)
- The brother performing yibbum is physically capable of fathering children
- The widow is physically capable of bearing children
Even if some of the brothers don't 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 that meets all of the conditions, neither yibbum nor halitzah applies, except if the widow is forbidden to marry the brother as a result of a prohibition not involving the punishment of kares (spiritual exicision), 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
B'nai Mitzvah
Bar Mitzvah and Bat Mitzvah are Jewish coming of age rituals. According to Jewish law, when Jewish boys reach 13, they become responsible for their actions and become a Bar Mitzvah . The age for girls is 12...
, 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
Agunah
Agunah ; literally 'anchored or chained') is a halachic term for a Jewish woman who is "chained" to her marriage. The classic case of this, is a man who has left on a journey, and has not returned, or has gone into battle and is MIA...
.
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 called maamar, recite the marriage blessings (sheva brachotSheva Brachot
Sheva Brachot literally "the seven blessings" also known as birkot Nesuim , "the wedding blessings" in Jewish religious law are blessings that are recited for a bride and her groom as part of nissuim...
) and write a prenuptial agreement (ketubah
Ketubah
A ketubah is a special type of Jewish prenuptial agreement. It is considered an integral part of a traditional Jewish marriage, and outlines the rights and responsibilities of the groom, in relation to the bride.-History:...
).
Only one brother may perform yibbum. The oldest brother is given preference, but if he refuses, any brother can perform yibbum, and if a brother performed yibbum out of turn, it is nevertheless valid. After one brother performs yibbum or halizah, none of the brothers may marry any of the 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) it is forbidden.Likewise, anytime that there is a doubt whether yibbum is required, it is also forbidden and halizah is required.
The Samaritans followed a slightly different course, which may indicate an earlier custom among the Hebrews; the former practiced the levirate only when the woman was betrothed and the marriage had not been consummated. The Karaites appear to have followed the same practice, and Benjamin Nahawendi, as well as Elijah Bashyazi
Elijah Bashyazi
Elijah ben Moses Bashyazi of Adrianople or Elijah Bašyazi was a Karaite Jewish hakham of the fifteenth century...
, favored it.
History of yibbum
The rabbis in the time of the mishnahMishnah
The Mishnah or Mishna is the first major written redaction of the Jewish oral traditions called the "Oral Torah". It is also the first major work of Rabbinic Judaism. It was redacted c...
added formal marriage requirements such as a ketubah
Ketubah
A ketubah is a special type of Jewish prenuptial agreement. It is considered an integral part of a traditional Jewish marriage, and outlines the rights and responsibilities of the groom, in relation to the bride.-History:...
(marriage contract), but over the centuries yibbum waned in favor.
By Talmudic times the practice of levirate marriage was deemed secondary in preference to halizah 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
Shimon Bar Kappara was a Jewish rabbi of the late 2nd and early 3rd century CE, during the period between the tannaim and amoraim. He was active in Caesarea in the Land of Israel, from around 180 to 220 CE. His name, meaning “Son of Kapparah”, was taken from his father, Eleazar ha-Kappar...
also recommends halizah. A difference of opinion appears among the later authorities, with Alfasi, Maimonides
Maimonides
Moses ben-Maimon, called Maimonides and also known as Mūsā ibn Maymūn in Arabic, or Rambam , was a preeminent medieval Jewish philosopher and one of the greatest Torah scholars and physicians of the Middle Ages...
, and the Spanish school generally upholding the custom, while Rabbeinu Tam
Rabbeinu Tam
Rabbeinu Tam , born Jacob ben Meir, was one of the most renowned French Tosafists and a foremost halachic authority of his generation...
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 of Gershom ben Judah
Gershom ben Judah
Gershom ben Judah, best known as Rabbeinu Gershom and also commonly known to scholars of Judaism by the title Rabbeinu Gershom Me'Or Hagolah , was a famous Talmudist and Halakhist.Rashi of Troyes Gershom ben Judah, (c. 960 -1040? -1028?) best known as Rabbeinu Gershom (Hebrew: רבנו גרשום, "Our...
abolishing polygamy
Polygamy
Polygamy is a marriage which includes more than two partners...
, would be compelled to perform halizah.
Orthodox Jews in modern times have generally upheld the position of Rabbeinu Tam and perform halizah rather than yibbum. Conservative Judaism
Conservative Judaism
Conservative Judaism is a modern stream of Judaism that arose out of intellectual currents in Germany in the mid-19th century and took institutional form in the United States in the early 1900s.Conservative Judaism has its roots in the school of thought known as Positive-Historical Judaism,...
formally retains it. Reform Judaism
Reform Judaism
Reform Judaism refers to various beliefs, practices and organizations associated with the Reform Jewish movement in North America, the United Kingdom and elsewhere. In general, it maintains that Judaism and Jewish traditions should be modernized and should be compatible with participation in the...
and Reconstructionist Judaism
Reconstructionist Judaism
Reconstructionist Judaism is a modern American-based Jewish movement based on the ideas of Mordecai Kaplan . The movement views Judaism as a progressively evolving civilization. It originated as a branch of Conservative Judaism, before it splintered...
have abolished it.
Yibbum forms the plot of the Hallmark movie Loving Leah
Loving Leah
Loving Leah is a television movie 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 an unobservant Jewish bachelor who feels compelled to marry his observant rabbi brother's widow, Leah to honor him via the...
.
See also
- HalizahHalizahUnder the Biblical system of levirate marriage known as Yibbum, Halizah is the ceremony by which a widow and her husband's brother could avoid the duty to marry after the husband's death....
, Jewish law - OnanOnanOnan is a minor biblical person in the Book of Genesis , who was the second son of Judah. Just like his older brother, Er, Onan died prematurely by YHWH's will for being wicked....
- Yevamot, the tractate in the Talmud devoted to the subject of yibbum
- Widow inheritanceWidow inheritanceWidow inheritance, also known as bride inheritance, is a type of marriage in which a widow marries a kinsman of her late husband, often his brother....
, for a discussion of similar practices in other cultures