One of the most esoteric laws in the Torah is yibum, the law of the Levirate marriage. The Torah forbids a man from marrying his brother's wife, but if one brother dies childless, one is obligated to marry his deceased brother's widow. (Deuteronomy 25:5-10)

The Torah offers a rationale for this command. The marriage takes place so that the deceased name will continue on. In truth, the words of the Torah: "The first born (from the Levirate marriage)...shall succeed to the name (shaim) of his dead brother, so that his (the dead brother) name not be blotted out...from Israel." (Deuteronomy 25:6)

In truth, this law is saturated with the principle of chesed-kindness. The greatest kindness may be helping the dead who are after all, unable to help themselves. Through yibum, the deceased leaves a legacy in the world-a child born of those closest to him who carries the name of the deceased.

It is, in fact, a conscious decision of the living brother and the childless widow to keep the name of the deceased alive that permits what is otherwise an incestuous relationship-the marriage of a man to his sister in law.

Rabbi David Silber notes that three cases in Tanach of yibum follow an interesting pattern.

In the first, Lot has relations with his daughters. Of course, this is not the exact case of yibum. Still, the intent of the daughters was the same-to continue their father's seed. But in this case of yibum, Lot who is drunk, has NO consciousness of the act being performed. (Genesis 19:30-38)

In the second, Yehudah (Judah) has relations with his daughter in law Tamar. This too is not the exact case of yibum. Still, Tamar's intent was to have a child from Yehudah. Here, Yehudah is originally unaware that he was engaging in an act of yibum, as Tamar was dressed as a harlot. In time, however, Yehudah comes to recognize what he had done. And, AFTER the fact, he realizes that he had continued his seed through Tamar. (Genesis 38)

In the third, Boaz has relations with Ruth. This too is not the exact case of yibum since Boaz was the second redeemer in line. Still, the goal was to continue the line of Ruth's deceased husband. In this case, Boaz engages in the Levirate marriage with full intent and consciousness BEFORE the act. (Ruth Chapter 4)

The pattern of yibum in Tanach is clear. From lack of consciousness, to consciousness after the act, to consciousness before. Not coincidentally the Messiah comes from Lot and his daughters, Judah and Tamar, Ruth and Boaz. Individuals engaged in acts of kindness on behalf of others are destined to redeem the world.

Shabbat Shalom,

Rabbi Avi Weiss