“The next remark I have to make on this, which is God’s own table of
prohibited marriages, is one which it seems to me that no fair mind
can deny. Indeed, one is half ashamed to enounce it, it is so
obvious: yet the reasoning on the other side appears to be mainly
based on the denial of it. It is simply this: that nearness of kin
not being affected by sex, what is forbidden to a man is forbidden to
a woman in the same degree of kindred or affinity, though it be not
set down in words. For instance, in v. 7, a man is forbidden to
marry his mother: then, by the same rule, a woman is forbidden to
marry her father, though the prohibition is not expressed. Surely it
would be fearful paltering with God’s law, not to accept and obey
such a plain rule as this. And it is to be observed, that these
Canons are all addressed to men only: the woman’s duty and the
woman’s sin are left to be inferred in each case: but what should we
think of the woman who should therefore account herself left at
liberty, so far as the Levitical laws are concerned?
“Now look at v. 16; which, being expressed in such English as we now
commonly talk, would run, I suppose, as follows: ‘Thou shalt not
marry thy brother’s widow: she is one flesh with thy brother, and is
therefore thine own sister.’ Can any other interpretation be put
upon it? and if this be the right interpretation, are not marriages
with a brother’s widow plainly forbidden among the Canaanitish
abominations?” {8}
All this appears to me not only a fair and right explanation, with no
unwarrantable deductions or inferences, but one absolutely irrefutable,
unless God Himself have marked in some other place a dispensation or
exception to be made to it. I know such dispensation or exception is
just what is claimed. To deal with such allegation is the very object of
my addressing you, and I shall shortly come to that part of my subject.
But it may not be amiss here just to call attention to the fact that Dr.
M’Caul himself (whom I think I may designate as the most learned and able
of the advocates for the change of the law in question) seems to admit
that, were there no other Scripture to override the law as thus
proclaimed, he should acknowledge the force of this part of the xviii.
chapter of Leviticus as conclusive on the unlawfulness of marriage with
the deceased wife’s sister; for he says expressly, in his first letter on
the subject, addressed to the Rev. W. H. Lyall, “On some points, I think,
we agree; as, for instance, that the final appeal in questions relating
to marriage must be to the Word of God. . . . I also am convinced that
the laws in Leviticus xviii., being a part of the moral law, stand on a
totally different footing from circumcision, or the Jewish Sabbaths, or
abstinence from meats. Indeed, I believe that this marriage law was
given to the Gentile Churches in the famous decree of the Council of
Jerusalem. On this ground, I believe that the prohibitions of Leviticus
xviii. are binding on all Christians.” That is, he believes, that the
general law then given, as being of a moral nature, and intended for all
men, was distinctly re-enacted, and re-decreed for the sake of greater
perspicuity, by the Christian Church in the Council at Jerusalem. And he
goes on—“I agree, further, with those who interpret ‘woman’ or ‘wife’ in
these prohibitions as comprehending widowhood, so that these females are
prohibited, not only during the lives of their husbands, but absolutely
and forever.” And he adds—“And, lastly, I admit that from the prohibited
marriages enumerated, compared with other parts of the Divine
legislation, others not enumerated may be pronounced unlawful.” {9}
Where we may see that, although with a certain reserve, yet the principle
of arguing from analogy, and from a case to its converse, in regard to
sex, appears to be admitted. And I think I do not misrepresent the whole
tone and sense of the two letters of Dr. M’Caul, when I say that I am
convinced, but for the 18th verse of the xviii. chapter, he would himself
readily have allowed the full weight of Mr. Keble’s statement, and
considered these unions to be absolutely prohibited.
But next as to the exception claimed. It is true that there is an
exception to the working of the law laid down in verse 16, concerning the
brother’s wife, by a positive enactment in Deuteronomy (chap. xxv. v.
5–10), where provision is made for a man “raising up seed unto his
brother,” by taking to him his widow to wife, if the brother have died
childless, that “the first-born which she beareth” may “succeed in the
name of his brother, which is dead, that his name be not put out of
Israel” (v. 6.) But I feel justified in saying that this alone would
have been no difficulty to Dr. M’Caul (nor to any man of his reasoning
powers), as to the prevalence of the general law in all cases but the
special one excepted, and that but for the 18th verse of the xviii.
chapter of Leviticus, our 99th Canon and the table of prohibited degrees
would have been almost or quite universally accepted as the true
enunciation of the will and law of God in this matter of unlawful
marriages.
It is, then, to that particular passage of Holy Scripture that it is
necessary to draw attention. And here, my lord, I must take up a word,
which I find in your speech before referred to, which seems to me to be
emphatically a word “of truth and soberness.” You say, “To over-ride a
command, which is distinct and precise, you must have a very clear verse
and a very clear interpretation.” {10} Dr. M’Caul quotes these words,
with a distinct approval of their statement, though with exactly the
converse of their application. “You believe,” he says, “that a very
clear verse and a very clear interpretation might over-ride a command,
even though it be distinct and precise, and you are right.” He goes on,
“Lev. xviii. 16, the verse on which you chiefly rest your Scriptural
arguments, is, so far as relates to marriage with a brother’s wife,
distinct and precise, and enunciates a command absolutely and without any
limitation; and yet it is over-ridden by Deut. xxv. 5.” He means, of
course, over-ridden as to the particular case of “a man’s raising up seed
unto his brother;” but not so as to sanction the brother taking the
brother’s wife in any other contingency. And this we, as well as he,
allow and admit, for who shall limit the Almighty’s right, and power to
grant or make any special exceptions to His general laws, which He may
think fit? But we should have deemed it strange indeed if the whole law
enacted in one place were definitely repealed in another, whilst that law
was in force among those for whom it was given and designed. But so far
we can well go with Dr. M’Caul. He proceeds, where, as I hope presently
to shew, we have no need to follow him, and where, indeed, if his view
were correct, there _would be_ the total repeal of what is stated as the
law in one verse, in the second verse after it. However, to go on,—Dr.
M’Caul adds, “And therefore, _a fortiori_, your inferential prohibition
with regard to a wife’s sister may be over-ridden also by a clear verse
and a clear interpretation. If weight of authority is to decide, Lev.
xviii. 18, is just such a verse, and its interpretation has the required
condition. Here, then, the controversy narrows itself into that which is
the common and popular view of the matter: whether the inferential
prohibition from verse 16 is to over-ride the expressed command of verse
18, or the plain letter of this latter verse to over-ride the inference
from the former.” {11} Now, I shall have something further to say
presently as to “the expressed command,” and the “plain letter of this
latter verse;” but at present let me merely remark, that we have, at any
rate, Dr. M’Caul’s admission that between these two verses there _is a
conflict and an over-riding_. In his view even, there is discrepancy.
What is, in the one, he tells us, at least inferentially prohibited, is,
in the other, expressly commanded; and this, not in a case or manner
parallel to the variation between the 16th verse, _prohibiting_ as the
general law, and the passage in Deut. xxv. 5, _enjoining_ in the
exceptional contingency named, but, on the contrary, in a case of a
universal negative met and confronted, two verses afterwards, by a case
of a, not exceptional, contradictory affirmative. And the only
palliation of such a startling discrepancy in Holy Scripture is, we are
to understand, that it is inadmissible to draw the inference from the
woman being forbidden to marry two brothers, that the man is forbidden to
marry two sisters. Although throughout the restrictions this principle
is necessary to prevent the most revolting permissions under the law, and
although, but for the 18th verse, no one, we believe, would have dreamed
of questioning it in the particular of the man and two sisters, yet here
it must be at once ignored, or you have an absolute contradiction of
commands, in the same enunciation of law, within two verses. {12} I
notice this point expressly, because I think we cannot too strongly
entertain the conviction of the _unlikelihood_ of such a thing occurring
thus in the word and law of God; and therefore, as a reason for the most
careful examination, whether we may not have overlooked the real scope
and object of this 18th verse, even if we admit the correctness of the
translation and of the sense. Observe, there is a great distinction
between the sense and the application. Admitting the sense, I must deny
the application, as I shall presently shew. But here let me repeat, if
there be but a fairly reasonable account to be given of the existence and
application of the 18th verse, without its running us into the difficulty
of this over-riding, and collision with itself of God’s law, and if we
hereby avoid the gross unlikelihood which I have mentioned, then surely
such account and such application ought to commend itself to every candid
mind, as at least worthy of the most serious consideration.
My Lord, I venture to think such account and application of the 18th
verse there is; and though it has been touched upon by others, and Dr.
M’Caul himself came very near it, yet it appears to have been too little
dwelt upon by any, and strangely overlooked by him. {13a}
Let me here bring the matter once more to the point of divergence. We
have first the general law, “None of you shall approach to any that is
near of kin to him” (v. 6). We have then the general catalogue of
prohibitions which come under this head, and form the divine comment on
the terms “near of kin:” and these dealing, with cases of affinity, in a
majority of the prohibitions expressed, as compared with those of blood
relationship (v. 7–17.) All these, moreover, be it observed, put in the
statement as commands upon the _man_, leaving the obligation upon the
_woman_ to be inferred. Upon this statement we have Archbishop Parker’s
table of degrees, and of the forbidden unions, extending exactly to the
parallel cases of all those named;—with the like witness also of the 99th
Canon, declaring all such alliances to be incestuous;—and this table
required by our law, both of Church and State, to be set up in all Parish
Churches. {13b} But we have then the 18th verse making, as is alleged,
not merely an exception, but a contradiction to the parallel case of what
is forbidden in verse 16 as to the brother’s wife, and permitting the
union with a wife’s sister, so that it be not in the lifetime of the
former. We thus come to what Dr. M’Caul himself considers to be a case
of _over-riding_, where we must determine whether (to use again his own
words) “the inferential prohibition from verse 16 is to over-ride the
expressed command of verse 18, or the plain letter of this latter verse
to over-ride the inference from the former.” {14}
Now, what I am anxious to see is, whether there is any need to force upon
us this _over-riding_ at all. I think not.
To show what I mean, I ask this—Take the prohibition of the brother’s
wife first in its plain literal terms, verse 16, and then is there,
independently of the 18th verse, any direct exception to it? Certainly
there is. When we come to the further explication of the Jewish polity,
and God’s designs in reference to it, we find a special provision in the
law of the Levirate, (that is, the law of raising up seed to the deceased
brother), which will clash with that prohibition; for the brother is
required to take his brother’s wife and raise up seed to a house in
danger of becoming extinct in Israel. “If brethren dwell together, and
one of them die, and have no child, the wife of the dead shall not marry
without unto a stranger: her husband’s brother shall go in unto her, and
take her to him to wife, and perform the duty of an husband’s brother
unto her. And it shall be, that the firstborn which she beareth shall
succeed in the name of his brother which is dead, that his name be not
put out of Israel. And if the man like not to take his brother’s wife,
then let his brother’s wife go up to the gate unto the elders, and say,
My husband’s brother refuseth to raise up unto his brother a name in
Israel, he will not perform the duty of my husband’s brother. Then the
elders of his city shall call him, and speak unto him: and if he stand to
it, and say, I like not to take her; then shall his brother’s wife come
unto him in the presence of the elders, and loose his shoe from off his
foot, and spit in his face, and say, So shall it be done unto that man
that will not build up his brother’s house. And his name shall be called
in Israel, The house of him that hath his shoe loosed.” Deut. xxv.,
5–10.
In this passage there is, not what I should call a contradiction to the
general law, but an exception in a particular case, and for a particular
case only. It is no general permission over-riding and making of none
effect the general prohibition, but a particular injunction for a special
purpose in one defined contingency. If a man’s brother die childless,
his brother shall take his wife and raise up seed unto his brother. As
it was exactly quoted in the gospel: “Master, Moses said, If a man die,
having no children, his brother shall marry his wife, and raise up seed
unto his brother.” {15}
We have already observed that the authority of Him who gave the
prohibitory law is sufficient to give also the permissive, or more than
permissive, exception, so that we come into no difficulty as to the one,
in such measure, _over-riding_ (to use again the term) the other.
But of course the opponent’s rejoinder is: Are you not in the very same
case as to the other over-riding? Is not the authority which gave the
prohibition of the 16th verse equal to give the permission of the 18th?
Granting that it is so, yet I must again call attention to this; how
wholly unlikely it is that, without making any special exception, for any
suggested or defined cause, there should be within two verses of each
other two general laws exactly contradictory, for so they are, if the
argument from parallelism is allowed. And therefore I must again urge
how probable this makes it, if there be any other reasonable sense or
application of the second passage not involving this contradiction, that
such sense and application should be the true one, and there should be
thus no over-riding at all between those two verses.
Is there then any such reasonable sense and application of the
prohibition of the 18th verse? I think there is. To see what it is, go
back to the exception under the law of the Levirate, {16} and ask whether
the application of that law might not involve a man’s marrying two
sisters. Undoubtedly it might. Suppose two brothers to have married two
sisters, and the one brother to die, leaving no child, if, by the
Leviratical law the brother, as he would do under that law simply, took
his brother’s widow to raise up seed unto his brother, he would also be
taking to wife his own wife’s sister, and this, it would seem under the
injunction in Deuteronomy, he would not only be permitted but enjoined to
do. But was this to be without exception? I answer, No! If his own
wife, the sister of the other were still alive, the Almighty did not
intend this rule to be carried out in such case. He, the surviving
brother, in that contingency, should _not_ “take a wife to her sister to
vex her, . . . beside the other in her life-time.” The prohibition of
the 18th verse of the xviii. chapter of Leviticus comes in. It comes, in
the translation of the authorized version. It comes, in the sense
contended for, as prohibitory if both sisters are alive together. It
comes, as tacitly sanctioning the union if they are not; but it comes as
limited in its application to this one case and one contemplated
contingency, as God’s own exception touching the two sisters “in their
life-time:”—His exception, as to both sisters alive together; the
exception to the exception contained in the law of the Levirate, but as
having nothing at all to do with the general law: as therefore in no way
interfering with or over-riding the general law of the 16th verse; in no
way making its general provision of none effect, as it would do if taken
in the sense and application of these reformers of our marriage law. And
the above-mentioned sense and application which everyone must allow the
18th verse will bear, nay, which Dr. M’Caul tells us all Jewish
authorities claim and sanction, as at least included in its legislation,
is, I must contend, ample and sufficient to explain the standing of the
18th verse, and its full meaning, without supposing any other application
whatsoever.
And let it be observed that this statement of such application to the
case of two brothers having married two sisters, and the consequent duty,
in the case of one brother dying childless, of the other brother to take
his widow under the law of Deuteronomy, modified by the exception of the
18th verse of Lev. xviii, that such union is not to take place, if his
own wife be still alive, is not mine, but Dr. M’Caul’s, in a full
examination of certain passages in the Mishna upon this subject. Indeed
it was Dr. M’Caul’s own statement, in his Letter addressed, my Lord, to
yourself in 1860, which brought to my mind the main line of argument
which I am endeavouring to unfold. I asked myself;—If all this in the
Mishna and in Dr. M’Caul’s explication of the matter, be true, why is it
not the sufficient truth and the whole explanation needed? Why go on to
make a conflict between the two verses in Leviticus when the 18th verse
is acknowledged to be the enunciation of an exception to the law of the
Levirate, and when this is a full and sufficient account of it?
It will, I think, be no waste of time to extract the passage to which I
refer from Dr. M’Caul’s letter, as this will serve both to make what I
have here said the more distinct, and shew also, how entirely both the
Mishna and Dr. M’Caul maintain all which I have advanced as to the
application of the verse in Leviticus to the case of the two brothers
having married two sisters, though they refuse (at least the latter) to
stop at this point.
I ought to say thus much as introduction to the Extract. In his first
letter Dr. M’Caul had mentioned the Mishna as confirming his view. “The
Mishna compiled in the second century testifies that it (this permission
of the marriage) was the common and received sense of the Hebraizing
Jews.” {18} This drew some remarks from the writer of one of the Tracts
published by the Marriage Law Defence Association, (Tract 8, p. 4, and
Appendix, quoted also by yourself in the Appendix to your speech,) upon
the statements of the Mishna, which again caused Dr. M’Caul in rejoinder
to examine those statements and to comment upon them afresh in his letter
to yourself. I need not go back to the first two pamphlets. Dr.
M’Caul’s explanations in his second letter will shew all which I want to
exhibit. Complaining of inaccurate quotation on the part of the writer
of Tract 8, he says,
“I will give the passages as they stand in the Mishna, and you, Sir,
may judge of the faithfulness of this writer in making quotations.
The words of the Mishna are:—
“‘Suppose three brothers, two of them married to two sisters, and one
of them married to a stranger—one of the sister’s husbands dies, and
he who is married to the stranger takes his widow—then the wife of
the second dies, and after that he that is married to the stranger
dies, behold this _widow_, (_i.e._, the surviving sister) is
prohibited to him for ever, because she was prohibited to him for
_one hour_.’
“Now, Sir, you will perceive several differences between this
statement of the Mishna and that of the Appendix. 1st, The Appendix
says,—‘It is declared, that if that _brother’s wife is his own wife’s
sister_, _he may not marry her_.’ The Mishna makes no such general
statement, but confines itself to a particular case. 2dly, The
reason the Mishna gives for the prohibition of the surviving sister
is that ‘she had been prohibited to him _for one hour_,’ which the
Appendix omits altogether. 3rdly, The Appendix says, ‘And the reason
assigned is, that _the man and his wife’s sister_ are related _within
the degrees forbidden by the holy law_ to intermarry,’ not one word
of which is in the text of the Mishna, as you see. The Mishna gives
the reason correctly, _she had been prohibited to the second brother
for one hour_, _i.e._, her widowhood commenced whilst her sister was
still alive and the wife of the other brother, in which case the
_Rabbis_ rule that she is prohibited for ever.
“To make this plain, I will put letters as in the Appendix:—
“Two brothers | A/B | marry | M/N | Two sisters.
“A third brother, C, marries S, a stranger, _i.e._, no relation.
“A dies; M is left a widow.
“C marries M, A’s Widow, to fulfil a brother-in-law’s duty, which B
could not do, because to marry two sisters simultaneously is
forbidden by Lev. xviii. 18. This is the ‘one hour’ during which M
is prohibited to B.
“N then dies, and B is left a widower; but he is not allowed to marry
M, left a second time a widow, because on the death of A, whilst N,
his wife, was alive, M was prohibited. Out of this particular case,
by putting in words not in the Mishna, and by leaving out the words
‘one hour,’ which are in the Mishna, the writer has made a new
Rabbinic law, unknown to the Mishna and its commentators, and from a
particular case has drawn a general conclusion, opposed to Jewish law
and practice. For, take the deaths in a different order, so as to
avoid the ‘one hour,’ and then B might marry M. Thus:—
“Two brothers | A/B | marry | M/N | Two sisters.
“A third brother, C, marries S, a stranger.
“Suppose that N dies first, and after she is dead A dies without
children, then B may marry M, because she had not been ‘prohibited to
him for _one hour_,’ _i.e._, she had not been a widow whilst his own
wife was alive. The second case alluded to is exactly similar:—
“Mishna III. 9.—‘Suppose two brothers [A and B] married two sisters
[M and N]. If one of the brothers [A] die, and afterwards the wife
of the second [N] die, then the widow [M] is prohibited to the
surviving brother [B] because she had been prohibited to him _one
hour_.’
“But suppose that N had died first, and then A died without children,
then it would have been lawful for B to marry M, as may be seen in
Maimonides, Yad Hachazakah, Hilchoth Yibbum, ch. vii., § 3, 4, where
there is an analogous case. The prohibition in the one case, and the
permission in the other, depends, not upon the words of the law, but
upon a general rule _laid down by the Rabbis_; that the lawfulness or
unlawfulness, as well as the obligation to perform the duty of a
brother-in-law, is regulated by the state of things existing at the
moment when the brother died.” {20}
I have extracted the above at full length, because at the same time that
it shews all I want and even more than I want for my purpose, it yet also
shews no contradiction to what I want, whilst it shews also that I
suppress no part of Dr. M’Caul’s statement or argument. I say that it
shews something more than I want, though nothing contradictory to it;
because I have no need to consider either the third case of a brother
marrying a stranger, or the case of the _one hour_ commented upon by the
Mishna, or at least this case no further than as it brings out into the
plainest prominence Dr. M’Caul’s own witness to the sense of Lev. xviii.
18, that it forbids “B to marry A’s widow, because _to marry two sisters
simultaneously is forbidden by Lev. xviii._ 18.” That is, by the law of
the Levirate simply, this would have been required, but by the exception
of the above verse it is forbidden. {21}
And this is what I mean by saying the passage shews all I want. It
proves incontestably that according to the Mishna, according to the
Jewish Rabbis, according to Dr. M’Caul, the enactment of the 18th verse
of the xviii. of Leviticus was inserted, for the very purpose which I
have all along supposed:—that it was the declaration of God’s will, that
when the operation of the law of the Levirate _per se_ would bring about
the brother taking his own wife’s sister to wife to raise up seed unto
his brother, _then_ the exception to the exception came in and forbade
him to do so, if her sister, his own wife, were alive. And this is what
made me say (p. 13) that Dr. M’Caul came very near to the application of
that text which I have been unfolding, though I was obliged to add, he
overlooked its importance in interpreting the law as contained in
Leviticus, for he allows that the 18th verse of Leviticus xviii. reaches
to, is intended to reach to, and to forbid, this especial union, which
otherwise would have been enjoined by the law in Deut. xxv., but it
appears never to have occurred to him that this is the ample and
sufficient explanation of the existence of that 18th verse. He never
seems to have conceived it possible that it should be restricted to being
the exception to the Leviratical Law, and not be a general Law itself.
I would, my Lord, for many reasons, had it so pleased God, that Dr.
M’Caul were alive. His ability and learning, his strong sense and true
piety, and not least his willing readiness to join with those who might
differ from him in many points in the defence of our common Church and
common faith against the assaults of infidelity and rationalism, make his
death a no ordinary loss to us in days like these. But beyond this, I
own, had it so been possible, I should have liked to point out to him how
his own statements, his own authorities, and his own reasoning had been
the very means to lead me to the conclusion, that we find a very complete
and sufficient explanation of the existence and meaning of the 18th verse
of Lev. xviii., without any occasion to resort to so violent an
over-riding one statement of Scripture by another, as he has advocated.
And this too without having to question the ordinary translation of the
verse, or to find any difficulty in the sense of the words, “in her
lifetime.” All this, at any rate for the sake of argument, I seem able
to concede to Dr. M’Caul, to take his own account of _an_ application of
the passage, and only add, that it seems to me to be _the_ application,
and the only application needed. I cannot forbear adding, that if there
be but a chance of this being so, it makes it a most serious thing for
anyone to speak lightly of the restrictions in question—not merely of
this one of the brother’s wife, but of all those laid down in this
chapter of Leviticus, or to _think_ even of relaxing that code; for who
shall say that we shall not thus “haply be found to fight against God,”
and be bringing ourselves and our country under the curse of His Word,
denounced against all who defile themselves in these things: “Ye shall
therefore keep My statutes and My judgments; and shall not commit any of
these abominations, neither any of your own nation, nor any stranger that
sojourneth among you: (for all these abominations have the men of the
land done which were before you, and the land is defiled:) that the land
spue not you out also, as it spued out the nations that were before you.
For whosoever shall commit any of these abominations, even the souls that
commit them shall be cut off from among their people. Therefore shall ye
keep Mine ordinance, that ye commit not any of these abominable customs
which were committed before you, and that ye defile not yourselves
therein: I am the Lord.” {23} In these days, my lord, we have many
things to make us anxious—many things, I do not go too far in saying, to
make us tremble; but I hardly know anything which should fill us more
with anxiety, fear and trembling, than the thought that our legislature
should bring us under this terrible curse of God, by sanctioning, as the
act of a people among whom “Christianity is” still “the law of the land,”
any one of those abominations, for which even the nations of Canaan were
cut off and spued out. And as to individuals, I must say, there are to
me few things more calculated to raise mixed feelings of pity, contempt
and horror, than the levity and recklessness of some of those who are
advocating the change—pity for the ignorance of many who have been misled
by mere bold assertion, contempt for the reasoning powers of others who
seem never to dream of looking at any side of the question except that on
which their own passions, prejudices, or wishes are enlisted, and horror
at the fearful temerity of those who dare approach and argue upon such a
subject, without at least a sense of its importance, of the reverence
with which all discussion relative to it should be conducted, and an awe,
at any rate, as to the possibility, after all, of God’s law and will
being in accordance with the Church’s interpretation of it for so long a
time, and wholly against the “new thing” which the spirit of modern
lawlessness seems anxious to introduce!
My Lord, I have not designed or attempted to go through the whole
argument on the question of the alteration of the Marriage law as now
proposed, but have sought to confine myself to these points:
I. That the whole strength of the case of the promoters of the change,
so far as Holy Scripture is concerned, rests upon the text, Lev. xviii.
18, this text being taken to override the prohibition of Lev. xviii. 16.
II. That the contradiction of two general laws in God’s Word, the one to
the other, in the course of three verses is highly unlikely and
improbable; so improbable that we are justified in expecting to find some
other solution of the difficulty.
III. That in the case in hand, there is another solution falling very
naturally into its place by careful comparison of Scripture with
Scripture.
To sum up the general argument, even at the risk of some repetition, we
may state it thus:—
(i.) We have the general rule laid down: “None of you shall approach to
any that is near of kin to him” (verse 6).
(ii.) We have the instances and exemplifications of what this “nearness
of kin” means, all of these given directly with reference to the _man_,
leaving the corresponding _woman’s_ duty to be inferred (verses 7–17).
(iii.) We have the particular case of the brother’s wife (verse 16);
whereupon, by parity of reasoning, is inferred the prohibition of the
wife’s sister, it being here to be observed, that unless the cases of the
different sex, by parity of reason, be taken as contemplated by the Holy
Ghost in giving this Scripture, we have no written law against several
most frightful kinds of incest. {24}
(iv.) We have an exception to the very letter of the law as to the
brother’s wife, by the injunction of the law of the Levirate, in the
provision for preventing the extinction of a house in Israel, by the
brother’s taking his deceased brother’s wife (if he have died childless),
and raising up seed unto his brother: this, not in the nature of a
prohibition, but of an exceptional injunction or command. (Deut. xxv.
5–10.)
(v.) We have an exception to the above exception, forbidding its being
extended to the taking the wife’s sister in the case of the above
injunction working (as in one special case it might work), to the result
of a brother, in taking his deceased brother’s widow, taking also, by the
same act, his own wife’s sister, and thus, if his own wife were still
alive, having the two sisters together as wives. For this would be the
case, were there no exceptional prohibition, when two brothers had
married two sisters, and when, though one of the brothers had died
childless, yet both sisters were alive. Then there comes in the
exception: “Neither shalt thou take a wife to her sister, to vex her . . .
beside the other in her lifetime” (verse 18); as if it were said, In no
case—no, not when the law of the Levirate would otherwise require it—no,
not when the saving of a house in Israel from extinction would otherwise
demand it—shall a man take his wife’s sister, his own wife, her sister,
being yet alive: where, too, we may observe, that the parallelism in the
cases of the two brothers and the two sisters is strictly and exactly
maintained; for the woman in no case _could_ take a second brother, the
other being alive; for her husband, the first brother, _must be dead_
before the law of the Levirate could operate at all; therefore the wife’s
sister _could not_ (even when two brothers had married two sisters) take
her husband’s brother beside the other in his lifetime, and thus the
wife’s sister is exactly equally restrained from taking the sister’s
husband, when the circumstances would lead to it by a man taking “a wife
to her sister . . . beside the other in her lifetime.”
Thus, too, it is clear that the law of this 18th verse is a law of
prohibition, not of relaxation, and therefore naturally and properly
comes in its place with the other prohibitions of this 18th chapter of
Leviticus.
And I venture to submit, that this is the whole meaning and application
of this much controverted verse: viz., that it is not in the nature of a
general law at all, but is merely the declaration of an exception to an
exception—an exception to preclude two living sisters being
simultaneously the wives of one man, even when the law of the Levirate,
but for this prohibition, would lead to such result. I must add, that to
me it seems to be a full, natural and sufficient explanation of the
passage without any further application at all, that is, without
supposing it to have anything to do with the general law, or to be any
relaxation of the prohibition of the 16th verse as to the brother’s wife,
or the converse case to it, by analogy, as to the wife’s sister.
Possibly the exact bearing of the foregoing argument may be made plainer
by a paraphrase of the Scriptural statements, putting them something into
the form of statute law, by which means the different provisions of the
several passages may be combined and their connection be seen, as various
provisions in the clauses or sections of an Act of Parliament are read
together. I dare say I shall expose myself to not unjust criticism for
technical blunders, in attempting to adopt Act-of-Parliament phraseology;
but I shall be content to bear this, if I may attain my main object,
viz., to shew how the different parts of the law combine and should be
read in connection with each other, and especially what is the force and
due application of what will be, so to speak, the last clause or section
in the Act.
Suppose, then, God’s law as to these marriages to stand in the
statute-book of a Jewish Parliament, imagining for the moment such to
have existed. Might not the principal enactments stand something in this
way? It will be understood that a permission or tacit sanction of
polygamy must be assumed, as part of the common law of the community.
Say, then, that the enactments in question stood thus:—
[None to intermarry with those near of kin.]
§ 1. Be it enacted, that none shall inter-marry with any related to
them, whether by blood relationship or by affinity, within the following
degrees, as set forth in the annexed schedule:—
[Schedule of Prohibited Degrees.]
(Then suppose Archbishop Parker’s Table of Prohibited Degrees here
annexed as the schedule.)