Relatives, Real Estate and Responsibility
“And Boaz said to the elders and to the entire people, “You are witnesses today that I have bought all that was Elimelech’s and that was Chilion’s and Machlon’s from Naomi. And also Ruth the Moabitess, Machlon’s wife, have I acquired for myself for a wife, to preserve the name of the deceased on his heritage, so that the name of the deceased not be obliterated from his brethren and from the gate of this place, you are witnesses today.”
This ritual whereby a relative marries a childless widow to perpetuate the line and keep the land within the family is a form of yibum, or levirate marriage. The word “levir” is Latin for “the husband’s brother,” hence the particular relationship and its consequences are called “levirate.” This ancient rite, which is no longer practiced today, plays a pivotal role in the narrative of the Book of Ruth. To better understand the significance of levirate marriage in the context of the story of Ruth, I set out to better understand the mitzvah, its meaning, and its role in different stories in the Tanach.
The mitzvah of yibum or levirate marriage is described in Dvarim, perek 25, verse 5.
“If brothers dwell together and one of them die and have no child, the wife of the dead shall not marry abroad to a stranger: her husband’s brother shall go in to her and take her to him as wife and perform the duty of a husband’s brother to her. And it shall be, that the firstborn which she bears shall succeed in the name of his brother who is dead, that his name may not be wiped out in Israel. And if the man like not to take his brother’s wife, then let his brother’s wife go up to the gate to the elders and say, “my husband’s brother refuses to raise up a name in Israel, he will not perform the duty of a husband’s brother.”
The text goes on to explain the ceremony of chalitzah, where the widow, in the presence of the city elders, takes off her brother-in-law’s shoe, spits in his face and declares: “Thus shall be done to the man who will not build up his brother’s house!” And from then on he is known by the name of “the family of the unsandaled one.”
Ramban states that “yesh toelet gedolah beyyibum haach” (there is a great benefit to yibum) and that the closest relative was usually prevailed upon first, followed by other relatives. He goes on to say that is “achzariut gedolah” (great cruelty) when a brother does not want to perform this mitzvah which is also called geulah. Ramban, citing the example of Boaz and Ruth, states that even though the child born of a levirate marriage did not necessarily take the name of the deceased (as the child of Ruth and Boaz was called Oved and not Machlon) he was still able to symbolically perpetuate the name of the deceased on his nachalah.
Rav Kook, in his commentary on the Book of Ruth, states that every person in Yisrael should have nachalah, or property, in Israel, that he receives as inheritance from his ancestors. This nachalah would then get passed on to his children and grandchildren for generations to come. Each individual may be a ger vitoshav (stranger and inhabitant) on his property, but the property that passes from generation to generation “mikayemet et shmo shel hamachzick ba liolam (perpetuates the name of the deceased on his property for eternity.)” In that way, “mitkayeim shmo shel hamet al nachalato bikerev yisrael (it perpetuates the name of the deceased on his property in the midst of Israel.”) And he goes on to say that the ikar or essence of the mitzvah is that the son who is born to the union of the widow and her deceased husband’s brother will inherit the share of the deceased man and in that way, maintain the name of the deceased even though he is not literally his son.
This concept of nachalah is an important one, and it appears in numerous other places in the tanach. But first, what does the word nachalah actually mean? The dictionary defines nachalah as a number of things: estate, property, possession, inheritance, bequest, legacy, and patrimony. I believe that the word itself is a melding of the concepts of property and legacy—the land or property is the soul of the inheritance.
From the story of Bnot Zelaphchad,in Bamidbar chapter 27, we get some more insight about the important role of the inherited land in the context of a family and a tribe. Zelaphchad dies without sons, and his daughters petition Moshe to be allowed to inherit his land.
“Why should the name of our father be done away from his family, because he has no son? Give to us a possession among the brethren of our father.”
Ultimately, they are allowed to inherit the property of their father. However, we see in Bamidbar 36, that there was concern that if they were to marry men from a different tribe, the inheritance of their father would go to the tribe they married into and would be deducted from shevet menashe, the tribe of their father. Bnot Zelaphchad are therefore told that they should marry within their shevet “limaan yirshu bnai yisrale ish nachalat avotav”—so that the children of Israel may enjoy every man the inheritance of his fathers. In order to maintain their inheritance, they must marry in such a way that will enable their property to stay within their tribe. The land is not allowed to be alienated from its original owner or his descendants.
This concept is also the essence of the mitzvah of yovel, or jubilee, in the Torah. During the yovel all land that had changed hands during the course of the preceding 50 years reverted to its original owner. (Vayikra 25:13) For yovel to work and restore the status quo, each family must be able to pass on their land to subsequent generations. Otherwise, the land would be consolidated in the hands of the wealthy.
While the concept of keeping the nachalah within the family is central to the mitzvah of yibum, equally and perhaps more important is the idea of perpetuating the lineage of the deceased, thus ensuring their continuity within the people of Israel. There is only one other story in all of Tanach to explicitly mention yibum. That is the story of Yehudah and Tamar and this theme, the importance of lineage and community over personal gratification, is central to their story. In Breishit, Perek Lamed Chet, we are told of Yehudah and his three sons. The eldest, Er, marries a Canaanite woman named Tamar. We learn that Er was wicked in Hashem’s eyes and was killed. After Er dies, Yehudah charges his second son, Onan, with the levirate duty. Onan marries Tamar, but then he too was evil in the eyes of Hashem and is killed without leaving an heir. Yehudah, who has one remaining son, Shelah, fears for the life of his remaining son and deceitfully orders Tamar to remain a widow until Shelah is grown, even though he has no intention of fulfilling his promise to her and allowing Shelah to marry her. When it becomes obvious to Tamar that Yehudah has no intention of marrying her to Shelah, she takes matters into her own hands. She tricks Yehudah by posing as a kedesha, a cult prostitute, and she becomes pregnant by him with twins. When Yehudah realizes what has happened, he says “Tsadkah mimeni ki al keyn lo nitatiha lishelah bni.”—She is more righteous than I, inasmuch as I gave her not to Shelah, my son.” To save Shelah, Yehudah is willing to let the name of Er disappear without a trace and willing to neglect future generations in favor of the present one: he neglects the claims of lineage and future community needs for the sake of his youngest son.
Leon Kass, in his book “The Beginning of Wisdom: Reading Genesis,” offers this commentary on yibum. In levirate marriage, he says, a man serves, literally, as his brother’s keeper: he refuses to allow his brother to die without a trace. Taking seriously the commandment of “be fruitful and multiply,” levirate marriage elevates the importance of progeny above personal gratification and hence the importance of lineage and community above the individual. In accepting the duty of the levir, a man simultaneously shows respect for the meaning and purpose of marriage, and devotion to the future of his family and his people.
Tamar teaches Yehudah multiple lessons about right and duty—the justice of keeping promises; the justice of treating all sons equally; the duty of brothers to uphold and care for one another; and the duty of fathers to care for all their descendants, and not only those they prefer. Tamar goes on to have twins, Peretz and Zerach. And the next time we meet up with Yehudah, he has rejoined his family and we are told the story of the brothers going down to Egypt, meeting with Yosef and ultimately reconciling with him. Yehudah plays a central role in this story as the clear leader among the brothers. After Yosef detains Shimon in Egypt, he sends the brothers back to Yakov with the order to bring Binyamin back to Egypt. Both Yehudah and Reuven appeal to their father at different times to allow them to bring Binyamin to Yosef. The contrast between their appeals is striking. Reuven, the firstborn and assumed leader, says: “You can kill my two sons if I do not bring him home to you.” Yakov of course rejects this absurd offer.
Yehudah, on the other hand, says: “Send the lad with me, and we will arise and go; so that we may live and not die, both we and thou and also our little ones. I will be surety for him; of my hand shalt thou require him: If I bring him not to thee and set him before thee then I shall have sinned to thee forever.” Yehudah points out that the future of the entire family is at stake. And, in taking ultimate responsibility for Binyamin, Yehudah realizes that his pledge and his integrity are far more important to his father than anything else he can offer. Later, when Yosef threatens to keep Binyamin as a slave, Yehudah steps forward and offers himself instead of Binyamin to honor his commitment to his father. Yehudah has assumed the mantle of leadership within his family by his acceptance of responsibility for his past transgressions but also the responsibility for the family and its future, even if it entails great personal sacrifice.
As we return to the Book of Ruth, the two themes exemplified in the mitzvah of yibum —the importance of family continuity and the importance of the nachalah—come together. Elimelech, who has left his nachalah in Israel, dies in Moav. His two sons die without heirs. Naomi returns to Israel in order to set the stage for salvaging her land and the continuity of her family line. It is Naomi who urges Ruth to go to Boaz so that he might perform the ritual of yibum. It is interesting to note that in the Torah, it is often the women who take the responsibility for the continuity of the family and and the guardianship of its lineage. One need only look at the examples of Sarah, who gives Hagar as a concubine to Avraham so that he might have children; Rivka, who guides the line away from Eisav to Yakov; and Rachel and Leah who give their maids to Yakov so they might give him more children. Similarly, it is Naomi who urges Ruth to go to Boaz so that he might perform the ritual of yibum. As was customary at the time, before Boaz could perform yibum, the opportunity had to be given to the closest relative, Ploni Almoni. Ploni Almoni, who seems eager to redeem the land, is not eager to marry Ruth as part of the bargain and tells Boaz “you redeem my redemption because I cannot redeem it.” Boaz marries Ruth and they have a child, Oved. By redeeming the land and marrying Ruth, Boaz reunites the family with its land and ensures the continuation of the family line. The story comes full circle: The family that had left its land and lost its male line has returned to its homeland and restored its male line and patrimony. For her efforts, Naomi is called the mother of Oved as it says in the pasuk “Yulad ben liNiomi,” “A son is born to Naomi.” Naomi, who has played a pivotal role in orchestrating the marriage of Boaz and Ruth, is given credit for the birth of the child born to them.
I have always found The Book of Ruth striking to read. It seems to be the story of one family yet it has a surprise ending that suddenly transforms the story into the history of our nation. The book of Ruth ends with the genealogy of King David, starting with Peretz, the son of Yehudah and ending with David, the grandson of Oved, the son of Boaz and Ruth.
What is the significance of the mitzvah of yibum in the ancestry of King David and ultimately the Mashiach? Surely it cannot be coincidence that David descended from a family where yibum plays a key role at two critical junctures.
I believe Tanakh is teaching us the following. Yibum is a difficult mitzvah. Interestingly, it is an optional mitzvah, and it is a mitzvah requiring exceptional character. The character traits of those who perform yibum are essential traits for Jewish leaders. What are these traits? A deep sense of responsibility towards family, a commitment to family continuity, an appreciation of nachalah, and finally, a willingness to sacrifice oneself in the expression of these traits. After his transforming encounter with Tamar, his “yibum” experience, Yehudah is the true leader of his family; we see this through his deep commitment to his family, even at great personal risk. As we see from his behavior with his brothers in Egypt, Yehudah has assumed the mantle of leadership within his family by his acceptance of responsibility for his past transgressions but also the responsibility for the family and its future, even if it entails great personal sacrifice.
Similarly, Boaz steps up and undertakes a responsibility that a closer relative shirked, in an action that perpetuates the family of Naomi and redeems its nachalah. The closer relative, who refuses to fulfill his familial obligation, is relegated to a nameless future, and his name, Ploni Almoni, becomes synonymous with anonymity.
Thus we see that responsibility towards one’s family and its continuity along with an appreciation of nachalah are almost prerequisites for successful Jewish leaders. And in fact, King David embodied these virtues. Like his ancestor Yehudah, he too had the ability to acknowledge his shortcomings and accept responsibility for his mistakes. When confronted by Natan the prophet after arranging for the death of Uriah, the husband of Batsheva, David said “Chatati”—I have sinned. David also was responsible for expanding and strengthening the kingdom of Israel and laying the groundwork for the building of the beit hamikdash.
When we think of the leaders of our people we see that experiences within the family enable true leaders to emerge. Traits essential for Jewish leadership are forged first within the family. Acceptance of responsibility for one’s family and ensuring family continuity through the mitzvah of yibum as we have seen here is one manifestation of leadership. The line from Yehudah to Boaz and Ruth and finally to King David is not just a genealogical line but a heritage imbued with the character traits necessary to unite and lead the Jewish people.