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Levirate marriage is atype of marriage in which the brother of a deceased man is obliged to marry his brother's widow. Levirate marriage has been practiced by societies with a strongclan structure in whichexogamous marriage (i.e. marriage outside the clan) is forbidden.
The termlevirate is derived from the Latinlēvir, meaning "husband's brother;"[1] it is unrelated toLeviticus orLevite.[2]
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 withpatriarchal societies. The practice was extremely important in ancient times (e.g.,Ancient Near East), 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 anthropologistRuth Mace also found that the practice of widow inheritance by younger brothers, common in many parts ofAfrica, serves to reduce population growth, as these men will be forced to marry older (and hence, less fertile) women.[3][4]
In theHebrew Bible, a form of levirate marriage, calledyibbum, is mentioned inDeuteronomy 25:5–10, under which the brother of a man who dies without children is permitted and encouraged to marry the widow. Either of the parties may refuse to go through with the marriage, but then both must go through a ceremony, known ashalizah, involving a symbolic act of renunciation of ayibbum marriage. Sexual relations with one's brother's wife are otherwise forbidden byLeviticus 18 andLeviticus 20.[5]
Jewish custom has seen a gradual decline ofyibbum in favor ofhalizah, to the point where in most contemporary Jewish communities, and in Israel by mandate of theChief Rabbinate,yibbum is prohibited.
This started already in time ofMishnah, "The opinion of Abba Shaul, who said, 'Themitzvah of ḥalitza takes precedence over the mitzvah of levirate marriage'" (Yevamot 3a). "Now that they do not have intent for the sake of fulfilling the mitzvah, the Sages say, The mitzvah of performing ḥalitza takes precedence over the mitzvah of consummating the levirate marriage" (Babylonian Talmud,Yevamot 39b). InYemen, however, the practice of Levirate marriage was observed by the Jewish community there until their immigration to the Land of Israel.[6][7] In 1950, theRabbinate of Israel, along with theChief Sephardic Rabbi, forbade its practice amongst the Yemenites, citing a need for "uniformity amongst the Jewish groups," and only permitted those who were already married through levirate marriage from outside the country.[8]
Islamic law (sharia) clearly lays down rules for marriage, includingwho may marry whom[broken anchor], and although theQuran does not prohibit a man from marrying his brother's widow, it does insist that if it were to be done, it should be treated as a normal marriage with the wife's consent and additionalmahr.[9]
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[10]
While not being anIslamic tradition in and of itself, it has historically been widespread in the muslim world and is deemedpermissible, with the consent of the wife, by most Muslim scholars, and is evenrecommended, depending on the circumstance, by some.[11][12]
It has recently come under strict scrutiny in some parts of the world likeAfghanistan, under theTaliban.[13][14]
The levirate custom was revived inScythia if there were shaky economic conditions in the decedent's family. Khazanov, citing [Abramzon, 1968, p. 289 - 290], mentions that duringWorld 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.[15]
The levirate custom survived in the society of Northeastern CaucasusHuns until the 7th centuryCE. TheArmenian historianMovses Kalankatuatsi states that theSavirs, one of Hunnish tribes in the area, were usuallymonogamous, but sometimes a married man would take his brother's widow as apolygynous wife. Ludmila Gmyrya, aDagestani historian, asserts that the levirate survived into "ethnographic modernity" (from the context, probably 1950s). Kalankatuatsi describes the form of levirate marriage practised by the Huns. As women had a highsocial 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.[16] Hungarians also practiced levirate marriages.Koppány's rebellion against the Christian kingStephen I and claim to marrySarolt, the widow of his relativeGéza, was qualified as an incestuous attempt by 14th-century Hungarian chronicles, but was fully in line with the pagan custom.[17][18]
In 2017, theIndian Army removed a rule which restricted payment of monetary allowances to widows of gallantry awardees if she marries someone other than the late husband's brother. Previously, the payment of an allowance was continued until her death or until she re-married, unless the new husband was the late husband's brother.[19]
The most famous instance of levirate marriage in India was the wedding of thePanchala princessDraupadi to the fivePandava brothers. It is a main plot point of the epicMahabharata, though heavily discussed in the text as being controversial. (Polygamy, however, was common at the time.)
According to theadat (customary practice) of theKaro people inNorth 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.[20] The Indonesian term for it is "turun ranjang" (lit.: get down off one's bed).[21]
The Japanese had a custom of levirate marriage calledaniyome ni naosu (兄嫁に直す) during theMeiji period.[22]
Levirate marriages among theKurds are very common and also among theKurds in Turkey, especially inMardin.[23]Levirate is practised inKurdistan: 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 loweredbride 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.[citation needed]
"TheKyrgyz people practice levirate whereby the wife of a deceased male is very often married by a younger sibling of the deceased."[24] "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."[25]
The Korean kingdom ofGoguryeo also had a custom of levirate marriage. An example of this was kingSansang of Goguryeo marryingthe queen ofGogukcheon of Goguryeo, who was his older brother's wife.[26]
The existence of levirate marriage is supported by the case of KoreanPrincess Uisun who was brought to theLater Jin dynasty to marry theManchu princeDorgon and married his nephew after he died.[27]
Levirate marriage is commonly practiced amongGoula who mostly live in northern part ofCentral African Republic.[28]
Among theMambila of northernCameroon, in regard to "Inheritance of wives: both levirates are practised throughout the tribe".[29]
As among theMaragoli of westernKenya,[30] likewise "in theLuo case widows become mostly remarried to the deceased husband's brother".[31][32]
In the highlands of Kenya, it is "Nandi custom for a widow to be 'taken over' ... by a brother ... of her deceased husband."[33] "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."[34]
In some parts ofNigeria, 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 theYoruba, theIgbo, and theHausa-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 theUrhobo people, a major ethnic group in the Delta State.[35]
InSomalia, levirate marriage is practiced and is calledDumaal, and provisions are made under Somalicustomary law orXeer with regard tobride price (yarad). The widow is usually given a choice in the matter. In the past few decades since the start of theSomali Civil War, this type of marriage has fallen out of favor due to strict Islamic interpretations that have been imported to Somalia.[36]
Levirate marriages are very common among South Sudan'sNilotic peoples, especially among theDinka andNuer people.[37]
An alternate form, the ghost marriage, occurs when agroom 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.[38]
InZimbabwe, levirate marriage is practiced amongst theShona people, and provisions are made under Zimbabwecustomary law, with regard tobride price (roora). The widow is usually given a choice in the matter, as well as the widower. In the past few decades, this type of marriage has fallen out of favor due to increased rural-to urban migration as well as improved literacy for women and girls.
Spanish chronicler,Juan de Betanzos, described the practice of levirate marriage which he saw observed in Peru in the early 16th-century by the people ruled by the Inca: "If the first husband of a woman died and the woman wanted to marry, she would be married to the closest relative of her husband. If children remained from her first husband, she should rear them as her own. If the first husband left no children, the second should be from the same lineage and the lineage would continue and the blood of those ofCuzco would not be mixed with that of some other nation or disappear."[39]
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Levirate marriages serve as a plot-element in various works of fiction:
{{cite book}}: CS1 maint: multiple names: authors list (link) CS1 maint: numeric names: authors list (link)16. There is curiously no reference here to the so-called Levirate marriage, at one time practiced in Israel, whereby, if a man died childless, his brother would take his wife in order to raise up descendants for him. (Deut. 25:5-10).{...}21. So-called Levirate marriage is presumably excepted (see Deut. 25:5 ff.).
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