If brethren dwell together, and one of them dies, and has no child, the wife of the dead shall not marry outside unto a stranger: her husband's brother shall go in unto her, and take her to him as wife, and perform the duty of a husband's brother unto her.
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Augustine of Hippo
AD 430
In the third book, then, when I was solving the question of how it was possible for Joseph to have two fathers, I indeed said that “he was begotten by one and adopted by the other.” But I should have mentioned too the kind of adoption, for what I said sounds as if another living father had adopted him. The law, however, also adopted the children of the deceased by ordering that “a brother marry the wife” of his childless, deceased brother and “raise up seed” by the same woman “for his deceased brother.” In this way the explanation of this matter of the two fathers of one man is indeed made clearer. .
Together, as the sons of Juda did: (Genesis xxxviii. 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 i. 13 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 iv. (Haydock)
The Jews no longer observe this law, as they have not possession of Chanaan. (Cuneus i. 7.)
Fagius asserts that it was neglected after the captivity of Bab...
