Page:Unlawfulmarriage00jane.djvu/216

From Wikisource
Jump to navigation Jump to search
This page has been validated.
212
UNLAWFUL MARRIAGE.

by the Lawgiver to turn away the bearing of his law upon the marriage in question; which, by a fair construction, manifestly, and in various aspects of it, prohibits this marriage? We are compelled to believe that it was not introduced for such a purpose. It was, we conceive, designed, not to mark the time during which it was unlawful to marry a sister-in-law; for the unlawfulness of such a marriage had been previously settled in the law; but to set forth before the Jews, who were accustomed to regard polygamy as lawful, the injustice and cruelty of marrying two sisters; because the marriage of the second would be a source of vexation and unhappiness to the first wife as long as she lived.

This case is entirely different from that of a brother marrying the widow of his brother who had died without issue; for, although the law before us had, in the 16th verse, forbidden a man to marry his brother's wife, yet afterwards, by an express enactment of the Lawgiver, couched in terms not to be misunderstood, this case was excepted; and it became obligatory on a brother in the circumstances specified, to marry his brother's widow, that he might raise up seed to him.