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Updated: May 1, 2025
The Mosaic code had consecrated this patriarchal theory by a strange institution, the levirate law. The Sadducees drew from thence subtle deductions against the resurrection. Jesus escaped them by formally declaring that in the life eternal there would no longer exist differences of sex, and that men would be like the angels.
To the same original source we may perhaps attribute the custom connected with the Levirate law in the Bible, when the woman took off the shoe of the kinsman who refused to marry her, whose name should be afterwards called in Israel "the house of him that hath his shoe loosed."
The common swanmaid motive occurs in two, the Völund story and the legend of Helgi and Kara; while the first Helgi tale suggests the Levirate in the proposed marriage of Svava to her husband's brother.
Isaac Abravanel sees in the commandment of the Levirate a proof of the doctrine of metempsychosis for which he gives the following reasons: God in His mercy willed that another trial should be given to the soul, which having yielded to the sanguine temperament of the body had committed a capital sin, such as murder, adultery, etc.; it is only just that when a man dies young a chance should be given to his soul to execute in another body the good deeds which it had not time to perform in the first body; the soul of the wicked sometimes passes into another body in order to receive its deserved punishment here below instead of in the other world where it would be much more severe.
On the death of Paris, perhaps by virtue of the custom of the Levirate, Helen became the wife of his brother, Deiphobus. How her reconciliation with Menelaus was brought about we do not learn from Homer, who, in the "Odyssey," accepts it as a fact.
Being wise and learned, they waited for a propitious time to lay their case before Moses, and opportunity which they found when Moses in house of teaching recited the law concerning the levirate marriage.
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