Prohibition of Marriage to a Brother’s Wife,
and to a Wife’s Sister(1)

We published in the previous issue how marriage to a brother’s wife is forbidden in the Holy Bible, as stated in (Lev. 18:16, 24) and (Lev. 20:21), and that it is considered an uncleanness, as the divine revelation commanded. The only exception in the Old Testament was when the deceased brother died without leaving offspring; then his brother would marry his wife in order to raise up offspring for his brother, so that his name would not be blotted out from Israel. Thus, the firstborn son of the brother’s wife would be counted as a son of the deceased brother (Deut. 25:5–6), (Matt. 22:24–25), (Mark 12:21), (Luke 20:28–31).

At present, this matter is absolutely not permissible. A brother cannot marry his brother’s wife for the purpose of raising up offspring for his deceased brother. The Church does not grant permission for marriage for this reason. Likewise, the firstborn son whom the brother’s wife bears cannot legally be considered a son of the deceased brother nor carry his name as a father!! Thus, the reason has ceased…

Another reason has been presented, namely caring for the children of his deceased brother, since he is their uncle. We say that the Law forbids marriage to a brother’s wife in the case where he has children. The only exception was the death of the brother without children…

Today we wish to say that the laws of the Church also forbid marriage to a brother’s wife, as well as forbid marriage to a wife’s sister.

Church Laws Forbid

Yes, the laws of the Church forbid such marriages, whether in the laws of the councils or the laws of the great Fathers, the teachers of the Church and her saints.

Of course, the reason for this is that the Fathers and the councils placed the Holy Bible before their eyes, obeying its sacred teachings in forbidding sinful marriages. We mention as examples of these laws:

The Second Canon of the Council of Neocaesarea:

This council was held in the year 314 or 315 AD, that is, ten years before the First Ecumenical Council. Its canon states:

“If a woman marries two brothers, let her be cast out of communion until the day of her death.”

That is, she is separated from the congregation of the believers and is deprived of Communion and the blessing of the Holy Mysteries throughout her life until the day of her death.

The only exception to this ecclesiastical canon was her acceptance among the penitents, if she pledged that, if she recovered, she would dissolve the bond of this marriage.

This canon also adds: “But if one of the spouses dies before the bond of this marriage is dissolved, then the repentance of the one who remains alive becomes arduous and difficult to accept.” This is because he allowed himself to remain bound to a sinful or unclean marriage throughout the life of the other party, without his conscience awakening, and without obeying the teaching of Scripture in (Lev. 18:16) and (Lev. 20:21).

The same prohibition appears in the Canons of Saint Basil the Great:

Yes, in the canons of Saint Basil, by whose Liturgy we pray in our churches, and from whose mouth we receive absolution in the Absolution of the Servants at the beginning of the Divine Liturgy. This prohibition is found in Canon 23 of the Canons of Basil, where he says:

“It is not permitted for a man to marry his wife’s sister.”

“Nor is it permitted for a woman to marry her husband’s brother.”

Of course, when a woman marries her husband’s brother, that brother has married his brother’s wife… It is a clear and explicit ecclesiastical canon, found in the Second Canonical Epistle that Saint Basil the Great sent to Amphilochius, Bishop of Iconium.

Saint Basil also confirmed the prohibition of these marriages in Canons 76 and 78,

by punishing those who marry a brother’s wife or their daughter-in-law,

and also punishing those who marry two sisters one after the other.

Naturally, exemption from the period of punishment of excommunication from the Church is not granted except after dissolving the bond of this forbidden marriage. Therefore, he says in his Canon No. 23:

“He who marries his brother’s wife is not accepted into communion until he lets her go.”

Saint Basil repeats this prohibition in Canons 87 and 88, in his epistle sent to Diodorus, Bishop of Tarsus, in which he forbade the permissibility of this marriage, saying:

“He who marries his wife’s sister is not considered to have a lawful marriage…”

“And the man and the woman are not permitted to enter the Church except after the annulment of their marriage.”

Can we dare to permit these ecclesiastical prohibitions that are based on the teaching of the Holy Bible?! Or can we claim that we understand more than Saint Basil the Great?! We must know our limits in prohibition and permission.

Otherwise, whoever permits a forbidden marriage harms himself and bears the burden of this sinful marriage before God on the Day of Judgment.

Who dares to challenge what is written in the Book of Leviticus?! Or challenge the holy Council of Neocaesarea and the canons of Saint Basil the Great?! And with what face does one who breaks the canons of Saint Basil approach to receive absolution from his mouth in the Divine Liturgy, while at the same time breaking the teaching of the divine revelation in the Book of Leviticus?

“He who has ears to hear, let him hear” (Matt. 11:15).

Because this marriage is forbidden, the Canons of the Apostles forbid the acceptance into the ranks of the clergy of anyone who has previously fallen into it.

For it is stated in Canon 13 of the Canons of the Apostolic Fathers:

“Everyone who marries two sisters, or a woman and her niece or nephew’s daughter, is not permitted to become a cleric”… of course, no matter how much he repents and dissolves this marriage.

These marriages were also forbidden in the canons issued by the Holy Synod during the days of Pope Cyril Ibn Laqlaq in the 13th century.

This synod was one of the most important councils of the Church in the Middle Ages, which called for reform and laid down rules for it. It was attended by learned and saintly Fathers such as Anba Paul al-Bushi. Among the rules laid down by this synod:

The prohibition of marriage to a wife’s sister and all their kin.

It is stated in its canons: “No one shall marry his wife’s daughter, nor the offspring of her children, nor her sister, nor the offspring of her sister and her sisters, nor her aunt, nor the wife of her uncle, nor her maternal aunt, nor the wife of her maternal uncle, nor her mother, nor the wife of her father, nor her grandmother, nor the wife of her grandfather.” It is also stated in these canons:

Nor shall anyone marry his brother’s wife, nor her offspring, nor her mother…

Thus, we see that not only is marriage to a brother’s wife or to a wife’s sister forbidden, but the ecclesiastical canons also forbid marriage to all the kin of the wife’s sister, and to all the kin of the brother’s wife.

And we return to say: “He who has ears to hear, let him hear” (Matt. 13:9, 43).

In the late 19th century, the prohibition of these marriages was published in a work on personal status by Archpriest Philotheos Ibrahim,

who was the first professor of theology in the seminary in its modern era.

His book stated the prohibition of marriage to a wife’s sister and all their kin…

The prohibition of this marriage was also stated in the 1938 Personal Status Regulations.

Despite the facilitations placed by these regulations (for example, in the section on divorce), which we do not agree with at all, they did not show any leniency whatsoever regarding these forbidden marriages.

And the research still has more to come.

1. An article by His Holiness Pope Shenouda III published in Al-Keraza Magazine – Year Sixteen – Issue Sixteen – dated December 23, 1988.

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