Levirate marriage is a type of marriage in which the brother of a deceased man is obliged to marry his brother’s widow. The term levirate is a derivative of the Latin word levir, meaning “husband’s brother”.
Levirate marriage has been practiced by societies with a strong clan structure in which exogamous marriage (i.e. marriage outside the clan) was forbidden. It has been known in many societies around the world.
The term “levirate” is derived from the Latin levir, meaning “husband’s brother”.
Background and rationale
Levirate marriage can, at its most positive, serve as protection for the widow and her children, ensuring that they have a male provider and protector. Levirate marriage can be a positive in a society where women must rely on men to provide for them, especially in societies where women are under the authority of, dependent on, in servitude to or regarded as possessions of their husbands, and to ensure the survival of the clan. The practice of levirate marriage is strongly associated with patriarchal societies. The practice was extremely important in ancient times , and remains so today in parts of the world. Having children enables the inheritance of land, which offers security and status.
A levirate marriage might only occur if a man died childless, in order to continue his family line. The anthropologist Ruth mace also found that the practice of widow inheritance by younger brothers, common in many parts of Africa , serves to reduce population growth, as these men will be forced to marry older (and hence, less fertile) women.
Judaism
Yibbum is the form of levirate marriage found in Judaism . As specified by Deuteronomy 25;5-10 the brother of a man who died without children is permitted and encouraged to marry the widow. However, if either of the parties refuses to go through with the marriage, both are required to go through a ceremony known as halizah , involving a symbolic act of renunciation of their right to perform this marriage.
Jewish law Halakha has seen a gradual decline of yibbum in favor of halizah, to the point where in most contemporary Jewish communities, and in Israel by mandate of the Chief Rabbinate chief , yibbum is prohibited.
Islam
Islamic law halaqa= (sharia) clearly lays down rules for marriage, including who may marry whom , when and how , and although the Quran does not prohibit a man from marrying his brother’s widow, it does prohibit a wife to be “inherited”.and give more upper hand to the wife over her money and respect her right and choice.
O you who have believed, it is not lawful for you to inherit women by compulsion. And do not make difficulties for them in order to take [back] part of what you gave them unless they commit a clear immorality. And live with them in kindness. For if you dislike them – perhaps you dislike a thing and Allah makes therein much good.
— al-Nisa 4:19, Sahih International translation
Asia
Scythia
The levirate custom was revived if there were shaky economic conditions in the decedent’s family. Khazanov, citing [Abramzon, 1968, p. 289 – 290], mentions that during world war II , the levirate was resurrected in Central Asia. In these circumstances, adult sons and brothers of the deceased man held themselves responsible to provide for his dependents. One of them would marry the widow and adopt her children, if there were any.
Central Asia and Xiongnu
The levirate custom survived in the society of Northeastern Caucasus Huns until the 7th century CE . The Armenian historian Movses Kalankatuatsi states that the Savirs one of Hunnish tribes in the area, were usually monogamous but sometimes a married man would take his brother’s widow as a polygamous wife. Ludmila Gmyrya, a Dagestani historian, asserts that the levirate survived into ethnographic modernity” (from the context, probably 1950s). Kalankatuatsi describes the form of levirate marriage practiced by the Huns. As women had a high social status , the widow had a choice whether to remarry or not. Her new husband might be a brother or a son (by another woman) of her first husband, so she could end up marrying her brother-in-law or stepson; the difference in age did not matter. Thats why I think the Kurd all came from dagestan and around that area and brought their culture with them to turkey ,Iraq and Syria and lived and took Arabic land for gain and were looking for job and security , like the Armenian who run from turkey . But now the Kurd stay in our land and try to separated !
Kirghiz
“The Kirghiz practice levirate whereby the wife of a deceased male is very often married by a younger sibling of the deceased. “Kirghiz … followed levirate marriage customs, i.e., a widow who had borne at least one child was entitled to a husband from the same lineage as her deceased spouse.
Indonesia
According to the ADAT =mean cutomes and taqaleed (customary practice) of the Karo people in north Sumatra – Indonesia, polygyny is permitted. A study of Kutagamber, a Karo village in the 1960s, noted one instance of the practice, as a result of levirate. The Indonesian term for it is “turun ranjang” (lit.: get down of one’s bed).
Kurds
Levirate marriages among the Kurds are very common and also among the Kurds , especially in Mardin,Levirate is practised in Kurdistan : a widowed woman stays with her husband’s family. If she is widowed when her children are young, she is obliged to marry her deceased husband’s brother. This form of marriage is called levirate. Sororate marriage is another custom: When a man loses his wife before she bears a child or she dies leaving young children, her lineage provides another wife to the man, usually a younger sister with a lowered pride price . Both levirate and sororate are practiced to guarantee the well being of children and ensure that any inheritance of land will stay within the family.
Africa
Somalia
In Somalia , levirate marriage is practiced and is called Dumaal, and provisions are made under Somali Custom law or Xeer with regard to bride price (yarad). The widow is usually given a choice in the matter. In the past few decades since the start of the Somali civil war, this type of marriage has fallen out of favor due strict Islamic interpretations that have been imported to Somalia.
Cameroon
Among the Mambila of northern Camereoon, in regard to “Inheritance of wives: both levirates are practised throughout the tribe”.
Nigeria
In some parts of Nigeria, it is a common practice for a woman to marry her late husband’s brother if she had children. This enabled the children to retain the father’s family identity and inheritance. Although less common today, it is still practiced:
Levirate marriage is considered a custom of the Yoruba, the Igbo, and the Hausa-Fulani … . … levirate marriages … are commonest among the [I]gbo … . … Under customary law among the Yoruba, … A brother or son of the deceased husband … was traditionally allowed to inherit the widow as a wife … . The inheritance of the youngest wife of the deceased by the eldest son … continues to be practiced in Yoruba land … . … Under Igbo customary law, … a brother or son of the deceased Igbo husband … was traditionally allowed to inherit the widow as a wife. Levirate marriage is also considered in the tradition of the Urhobo people, a major ethnic group in the Delta State.
Kenya
As among the Maragoli of western Kenya likewise “in the Luo case widows become mostly remarried to the deceased husband’s brother”.
In the highlands of Kenya, it is “Nandi custom for a widow to be “taken over” … by a brother … of her deceased husband.”According to customary law, it is tantamount to adultery for a widow to be sexually involved with a man other than a close agnate of her late husband.”
South Sudan
Levirate marriages are very common among South Sudan’s Nilotic people , especially among the Dinka and Nuer people.
An alternate form, the ghost marriage, occurs when a groom dies before marriage. The deceased groom is replaced by his brother who serves as a stand in to the bride; any resulting children are considered children of the deceased spouse.
Popular culture
In the TV series Deadwood , Seth Bullock is married to his brother’s widow. This is a plot point used to mitigate guilt in the adulterous affair between Alma (another widow), and Seth (2005). In a song ice and fire , Lord Eddard stark marries his brother Brandon’s betrothed, Catelyn Tully after the death of Brandon. In “Hell on Wheels”, it makes mention of Eva’s late husband Gregory Toole having killed himself, his brother having tradition to marry her as his brother’s widow.
- Avunculisim , a cultural custom in which a maternal uncle demonstrates some institutionalized interest in his sister’s off spring and may take on many of the responsibilities typically associated with fatherhood; this is a role, for instance, among American Indian peoples who have matrimonial cultures. You can also read about different native Indian culture and Inuits in this regard. You can also read about the Amish, Hatrites , Mennonite and the list go on and on about India, Korea, Japan , China and many other culture that I dont have time here to explain but if you need me to present a lecture for you let me know and you can reach me at drsteveramsey@gmail.com
- Steve Ramsey – OKOTOKS, ALBERTA