1883 Haydock Douay Rheims Bible
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| Deuteronomy 25:5 | *When brethren dwell together, and one of them dieth without children, the wife of the deceased shall not marry to another: but his brother shall take her, and raise up seed for his brother: Matthew 22:24.; Mark 12:19.; Luke 20:28. | Together, as the sons of Juda did: (Genesis 38:8,) though custom (Calmet) and analogy extend this to other brothers, at least to those who live in the promised land, and have the inheritance in common, as appears from the history of Ruth, Ruth 1:13, etc. Noemi supposes that all the sons whom she might have had, would have been under the same obligation towards her daughter-in-law. The Rabbins restrain this law as much as they can, asserting that if the deceased left an adopted or natural child, the brother need not marry his widow, nor was any obliged but the next in age, and not married. St. Justin (q. 132,) teaches the reverse. (Calmet) --- Half-brothers were included, (Menochius) and indeed every relation, in order, who, upon the refusal of the next heir, wished to take possession of the deceased person's land, Ruth 4:(Haydock) --- The Jews no longer observe this law, as they have not possession of Chanaan. (Cuneus 1:7.) --- Fagius asserts that it was neglected after the captivity of Babylon, because the inheritances were confounded. (Calmet) --- This, however, does not seem to have been the opinion of those who have undertaken to reconcile the genealogy of our Saviour, given by Sts. Matthew and Luke, by supposing that St. Joseph was the son of Jacob by birth, and of Heli according to the law. (St. Hilary) Africanus says, (Ep. to Aristides) that "Heli dying without issue, Jacob was obliged to marry his widow, by whom he had Joseph, a descendant of Solomon by Jacob, and of Nathan by Heli," as their common mother, Esta, had married successively Mathan and Melchi, (or rather Mathat) who sprung from those two branches of David's family. (Dupin) (Haydock) --- The Athenians followed a similar regulation with respect to orphan young women, whom the next of kin were bound to marry and to endow. The Tartars assert their right to marry the widows of their brethren. The Egyptians did not consider the marriage as real, nor any relationship contracted, in case the woman had no issue, on which principle there was no impediment to prevent the brother from marrying the widow of his brother. On other occasions such contracts were declared illegal, Leviticus 18:16. (Calmet) --- This was a positive law, (Worthington; Genesis xxxviii.) which admitted of an exception. |