REMEDIES FOR IMPEDIMENTS TO MARRIAGE

MARRYING A BROTHER'S WIDOW

The leaders of Reform Judaism debated the question of whether the marriage with a deceased brother’s wife should be prohibited by Jewish religious practice.” One of the arguments in favor was that the marriage with a deceased wife’s sister was per­mitted. The matter was debated at a number of sessions of the CCAR between 1915 and 1925.

The discussion, which involved many learned rabbis, dealt with biblical, rabbinical, historical and anthropological sources. The major halakhic issue dealt with the possibility of applying the principle of levirate marriage. The precedent of Rabbi Isaac M. Wise , who officiated in 1872 at the marriage of a childless widow with her late husband’s brother, was considered proof that this is permissible. Rabbi Schulman stated at the 1925 conference that Wise changed his mind some years later. Wise wrote to Schulman stating that he upheld the younger rabbi’s position not to officiate at such marriages.

Professor Samuel S. Cohon , who wrote the opening and major responsum, concluded:

The feeling of repugnance toward the marriage of the deceased brother’s wife has helped to safeguard the integrity of the family. Nothing has occurred in modern times to warrant the removal of this safeguard. The prohibition works hardship on comparatively few people, whereas through upholding a high standard of chastity, its moral benefits are considerable.*

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