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Indiana University Studies 
strongest, altho the head of the family generally named his 
successor. The wife never took anything. After the death 
of her husband, she was cared for by her sons, or by the 
levirate marriage, or by returning to her father . 79 The bless- 
ing of Isaac was his last will and testament. The rules of 
primogeniture, however, soon gained a foothold, altho this rule 
apparently did not extend to the succession to the crown . 80 
As in Greek and Roman law inheritance was limited to blood 
kinsmen (at first male). It was limited to the tribe, and for 
this reason, by a decision attributed to Moses, daughters were 
required to marry within their own tribe . 81 In early law land 
could not be sold out of the tribe, and in later law it would 
return at the year of Jubilee, unless the law was in some way 
evaded. The heir inherited, not only the property, but the 
entire family. Jephthah could not inherit because of his 
birth . 82 If all the sons were dead it was the duty of the near- 
est of kin to take the inheritance of the family , 83 and if there 
was a widow without children to marry her so as to raise up 
the name of the dead upon the inheritance. If the nearest of 
kin would not do so, the next of kin might. The case of Boaz 
and Ruth is a good illustration of this. Still later, only the 
actual brother of a dead man was required to marry his 
widow, and if he refused to do so the widow drew off his shoe 
before the elders, spat before him, and said, “Thus shall be 
done to the man who will not build up his brother’s house.” 
The Hebrew law of property was very meager, and appar- 
ently there was never much historical development in this field 
of the law. Hebrew law had no developed theory of posses- 
sion. There are evidences that ownership was at first com- 
munal. This rule was changed in the course of time, but it 
is evidently the explanation for some of the peculiarities of 
later Hebrew property law like the rule in regard to the sab- 
batical year, the rule in regard to plucking grain and fruit 
from fields and vineyards, the rule as to sale in perpetuity , 84 
the rule as to the year of Jubilee , 85 and the rule as to common 
pasture land for the Levites . 86 There was a right of redemp- 
79 38 Gen. 11 ; 22 Lev. 13 ; 1 Ruth 8-10. 
80 21 Deut. 17 ; 27 Gen. 29 ; 48 Gen. 17 ; 5 I Chron. 2 ; 1 I Kings 34-35 ; 11 II Chron. 
18-23. 
81 27 Num. 1-8 ; 36 Num. 1-12. 
82 11 Judg. 3. 
83 Brothers first, then uncles, then nearest blood. 
84 25 Lev. 23. 
85 25 Lev. 13, 28, 31, 33; 36 Num. 3, 4. 
86 25 Lev. 34. 
