Yibbum
| Halakhic texts relating to this article | |
|---|---|
| Torah: | Genesis 38 Deuteronomy 25:5-10 Ruth 3-4 |
| Babylonian Talmud: | Gittin 34b-37b |
| Mishneh Torah: | Yibbum V'Chalitza 1:3 |
| Shulchan Aruch: | Even HaEzer 156-157 |
Yibbum (pronounced [jibum]) or levirate marriage in Judaism, is one of the most complex types of marriages mandated by Torah law (Deuteronomy 25:5-10) 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, and in Israel by mandate of the Chief Rabbinate, the former is prohibited.
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, Jats, Huns, Mongols, and Tibetans.
When brothers live together, and one of them dies childless, the dead man's wife shall not be allowed to marry an outsider. Her husband's brother must cohabit with her, making her his wife, and thus performing a brother-in-law's duty to her. The first-born son whom she bears will then perpetuate the name of the dead brother, so that his name will not be obliterated from Israel.
Sexual interactions by a man with his brother's wife is forbidden by the Torah (Leviticus 18:16; 20:21), but for the case of "yibbum", Torah provides a clearer picture of what is acceptable and intended for protection. The surviving brother is given a choice to take his responsibility as a goel by fulfilling 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.
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