Well, yes and no. “Levirate” is not the same as “Levitical.” The term comes from the Latin word levir, which means “husband’s brother.”
I missed that one – I thought it was Levi – rate.

OK, a small change of thinking is required.
I have found that the Scriptures contain many anacronisms. I would identify this as one example.
Perhaps it is, and perhaps not. The point I was trying to draw attention to is that the Patriarch’s themselves are a source of tradition. What the patriarchs instituted (covenant) is inherited by the younger generation. Thus, the Law of Moses – I see – as collecting and interpreting the commands and relationships entered into by the fathers.
vis.
John 7:22 Moses therefore gave unto you circumcision; (not because it is of Moses, but of the fathers

and ye on the sabbath day circumcise a man.
So that the Law of Moses is seen as a codification of Law laid down before his time. Levirate law is not restricted to the Jews – it is in fact practiced by many of the Pagan cultures – usually the logic rests on the fact that the woman was paid for by the deceased brother (or his family). See the wording of Gen 38:11
It is this, then, which would be the basis of Judah’s anger – ownership of the woman and the
property which she inherited from Er. And, therefore, I think there is a problem with interpreting everything the Pagans did as necessarily corrupt. Judah is the source of the tradition within Judaism.
Also, Judah sold his brother into slavery – a brother he did not own.
And again, Judah was taking sheep to market – presumably wearing the same shepherds attire that goes with herding at the time he fornicated. The story has
many resonances with other events in the OT.
attempt to read the Hebrew Bible in perfectly chronological terms is anacronistic in itself,
I do not disagree with you – but I still see that the law grew from actions which preceeded it. The sacrifice of Cain and Abel is very instructive in the way it precisely matches the inheritance of Levi not being the land, but cities – and that the sacrifice of birds is considered wrong if done in a way which uses the same word as God says to Cain about the sacrifice(S) he made. For scripture does not say what the other items were.
Abraham, too, did not cut up the birds – seemingly knowing the same law long before the Levites were instructed on this one issue.
That is not characteristic of the ancient Hebraic mindset, in my opinion.
I am not sure, I do see your point here – but I think it would need a little more fleshing out. There ARE anachronisms, but how do you seperate them out from a commentary highlighting the reason a later law came into being?
So, to you, a son “has the promise” when he is the child of his father’s first wife? This would work for Er, but not for Perez (unless you were willing to concede that the Levirate marriage custom was indeed being employed as an anacronism by the author).
I am saying that the first wife is the one who is favored with God’s blessing. If it were strictly and only the firstborn – then with Cain the promise would have been lost. But the scriptures indicate the blessing went with Seth (a child of the
first wife) to whom the promise was given. It would be possible, (though not certain) that the promise would have been inherited by Tamar EVEN IF she had a child by a non-Jew after marrying Er.
Regarding Perez (the breach) – there is a double first birth there; only the hand of the other brother was out first. So, who is the firstborn in God’s eyes – are they not both in the same womb at the same time?
Some of the stories in the early chapters of Genesis may even have come after his day, either wholly or in part (especially if the author/scribe really did use anacronisms).
In Genesis 3:15 the visual play is between a woman and a serpent. Many of the modern Jews attempt to explain it away on the basis of enmnity between man and snake – but there is a universal pagan issue from this whole time period which flies in the face of that interpretation.
Non poisonous snakes were used regularly in sexual rites with respect to the fertility god(s). They are phallic in nature and many writers of the early centuries comment on some of these rites – for snakes lay many eggs and were seen as magical sources of fertility/virulence. The Egyptians, too, would put a serpent on the crown as an image of their godliness. This sign propagates as a common thread through most of the pagan religions in the area – even to the point where in Babylon (many years later) the serpent was the “sign” above the harlot’s door. It is a very apt symbol of the devil and the sexual harlotry (second wives and so forth) which Genesis 3:15 is speaking of the triumph over. The virginity of Mary also echoes with a retort to the same issue.
What I am encouraging is to look at how God chose to propagate the promise; It is in accord with the idea of the wife being the flesh of the first husband – and Eve says first of Cain (I have gotten a man) in response to God’s promise; then when Cain proves unsatisfactory – she says it of Seth who is to replace Cain who is spiritually dead.
Note Cain’s line is the one who starts polygamy. And so forth…
Eve knew – Something to chew on…