In the context of ancient Israelite society, the practice of levirate marriage was a significant cultural and legal institution. This practice is primarily outlined in the Old Testament, specifically in the Book of Deuteronomy. The term "levirate" is derived from the Latin word "levir," meaning "brother-in-law." The levirate marriage law required a man to marry his deceased brother's widow if the brother died without leaving a male heir. This was intended to preserve the deceased brother's name and estate within the family lineage.

Biblical Foundation

The primary biblical passage concerning levirate marriage is found in Deuteronomy 25:5-10 :

> "If brothers dwell together and one of them dies without having a son, the widow must not marry outside the family. Her husband’s brother is to take her in marriage, fulfill the duty of a brother-in-law to her, and raise up a son for his brother. Then the first son she bears will carry on the name of the dead brother, so that his name will not be blotted out from Israel."

This passage establishes the obligation of the brother-in-law to marry the widow and produce offspring in the name of the deceased brother. The firstborn son from this union would inherit the deceased brother's name and estate, ensuring the continuity of the family line.

Refusal and Its Consequences

The law also provides a procedure for when a man refuses to marry his brother's widow. Deuteronomy 25:7-10 continues:

> "But if the man does not want to marry his brother’s widow, she is to go to the elders at the city gate and say, ‘My husband’s brother refuses to preserve his brother’s name in Israel. He is unwilling to perform the duty of a brother-in-law for me.’ Then the elders of his city shall summon him and speak with him. If he persists and says, ‘I do not want to marry her,’ his brother’s widow shall go up to him in the presence of the elders, remove his sandal from his foot, spit in his face, and declare, ‘This is what is done to the man who will not build up his brother’s house.’ And his family name in Israel will be called ‘The House of the Unsandaled.’"

The refusal to marry the widow was considered a serious breach of familial duty and social responsibility. The public ceremony of removing the sandal and spitting in the face of the man served as a form of social censure and humiliation. The act of removing the sandal symbolized the man's forfeiture of his right to his brother's inheritance and his failure to fulfill his familial obligations.

Cultural and Theological Implications

The levirate marriage law underscores the importance of family continuity and inheritance in ancient Israelite society. It reflects the communal nature of Israelite life, where individual actions had significant implications for the family and the broader community. The refusal to marry the widow was not merely a personal decision but a public matter that affected the social and spiritual fabric of the community.

From a theological perspective, the levirate marriage law highlights the value placed on preserving the covenantal promises made to the patriarchs, which were often tied to land and progeny. The continuation of a family line was seen as integral to the fulfillment of God's promises to Israel.

Notable Biblical Example

A notable example of levirate marriage is found in the Book of Ruth. Although not a direct application of the Deuteronomic law, the account of Boaz and Ruth illustrates the spirit of the levirate principle. Boaz, a relative of Ruth's deceased husband, acts as a kinsman-redeemer, marrying Ruth to preserve the family line. This narrative emphasizes the themes of loyalty, redemption, and divine providence.

In summary, the man who refuses to marry the widow in the context of levirate marriage is depicted as neglecting a critical familial and societal duty. The biblical law provided a mechanism for addressing such refusal, ensuring that the values of family continuity and communal responsibility were upheld within the covenant community of Israel.