Commentary on Harmony of the Law Volume 2 Complete John Calvin
JOHN CALVIN
inasmuch as it would be of somewhat similar impropriety. The same rule affects affinity; for the step-mother, or mother-in-law, is held to stand in the relation of mother; and the step-daughter, or daughter-in-law, in that of daughter; as also the wife of the paternal or maternal uncle is to be regarded in the relation of mother. And, although express mention may not be made of it here, we must form our judgment by analogy as to what is prohibited; — the uncle on the father's or mother's side is not here forbidden to marry his niece; but, since the nephew is interdicted from marrying his paternal or maternal aunt, the mutual relation of the inferior to the superior degree must prevail. But if any should contend that there is a difference, the reason added by Moses refutes his objection, for it is said, "She is thy father's or thy mother's near kinswoman." Hence it follows, that a niece is guilty of incest if she marries her uncle on either side. As to brothers and sisters, God pronounces that marriage with a sister, although she be not uterine, is unlawful; for He forbids the uncovering of the turpitude of a sister, who is either the daughter of thy father or thy mother.
16. Thou shalt not uncover the nakedness of thy brother's wife. They are bad 92 interpreters who raise a controversy on this passage, and expound it, that a brother's wife must not be taken from his bed, or, if she be divorced, that manage with her would be unlawful whilst her husband was still alive; for it is incongruous to twist into different senses declarations which are made in the same place, and in the same words. God forbids the uncovering of the turpitude of the wife of a father, an uncle, and a son; and when He lays down the same rule respecting a brother's wife in the very same words, it is absurd to invent a different meaning for them. If, therefore, it be not lawful to marry the wife of a father, a son, an uncle, or a nephew, we must. hold precisely the same opinion with respect to a brother's wife, concerning whom an exactly similar law is enacted in the same passage and context. I am not, however, ignorant of the source from whence those, who think otherwise, have derived their mistake; for, whereas God gives a command in another place, that if a man shall have died without issue, his surviving brother shall take his widow to wife, in order that he may raise up of her seed to the departed, (Deuteronomy 25:5,) they have incorrectly and ignorantly restricted this to own-brothers, although God rather designates other degrees of relationship. It is a well-known Hebrew idiom, to embrace under the name of brother all near kinsmen in general; and the Latins also formerly so denominated cousins-german. 93 The law, then, now before
In Willet this exposition is attributed to Radulph., Blesensis, and Borrhaus.
Thus Augustine (De Civit. Dei. 15:16. Section 2,) says, — "quod fiebat cum consobrina, pene cum sorore fieri videbatur: quia et ipsi inter se propter tam propinquam consanguinitatem fratres vocantur, et pene germani sunt."