Levirate marriage
Encyclopedia
Levirate marriage is a type of marriage
Types of marriages
The type, functions, and characteristics of marriage vary from culture to culture, and can change over time. In general there are two types: civil marriage and religious marriage, and typically marriages employ a combination of both The type, functions, and characteristics of marriage vary from...

 in which the brother of a deceased man is obligated to marry his brother's widow, and the widow is obligated to marry her deceased husband's brother.

Levirate marriage has been practiced by societies with a strong clan
Clan
A clan is a group of people united by actual or perceived kinship and descent. Even if lineage details are unknown, clan members may be organized around a founding member or apical ancestor. The kinship-based bonds may be symbolical, whereby the clan shares a "stipulated" common ancestor that is a...

 structure in which exogamous marriage (i.e., that outside the clan) was forbidden. It is or was known in many societies around the world. The practice is similar to widow inheritance
Widow inheritance
Widow inheritance, also known as bride inheritance, is a type of marriage in which a widow marries a kinsman of her late husband, often his brother....

, where, for example, the deceased husband's kin can dictate whom the widow may marry. A version of this rule exists in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

 today, in that the widow of a British sovereign may not marry without the current sovereign's consent.

The term is a derivative of the Latin
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...

 word 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 responsible for them. It can also be seen as a denial of a woman's autonomy, and a restraint on her life. The practice was extremely important in ancient societies (e.g., Israelite
History of ancient Israel and Judah
Israel and Judah were related Iron Age kingdoms of ancient Palestine. The earliest known reference to the name Israel in archaeological records is in the Merneptah stele, an Egyptian record of c. 1209 BCE. By the 9th century BCE the Kingdom of Israel had emerged as an important local power before...

 and Near East
Ancient Near East
The ancient Near East was the home of early civilizations within a region roughly corresponding to the modern Middle East: Mesopotamia , ancient Egypt, ancient Iran The ancient Near East was the home of early civilizations within a region roughly corresponding to the modern Middle East: Mesopotamia...

), and remains so today in parts of the world. Having children enabled the inheritance of land, which offered security and status. A levirate marriage might only occur if a man died childless, in order to continue his family line.

Judaism

A levirate marriage (Hebrew: yibbum) is mandated by of the Hebrew Bible
Hebrew Bible
The Hebrew Bible is a term used by biblical scholars outside of Judaism to refer to the Tanakh , a canonical collection of Jewish texts, and the common textual antecedent of the several canonical editions of the Christian Old Testament...

 and obliges a brother to marry the widow of his childless deceased brother, with the firstborn child
Primogeniture
Primogeniture is the right, by law or custom, of the firstborn to inherit the entire estate, to the exclusion of younger siblings . Historically, the term implied male primogeniture, to the exclusion of females...

 being treated as that of the deceased brother, (see also ) which renders the child the heir of the deceased brother and not the genetic father. There is another provision known as halizah
Halizah
Under the Biblical system of levirate marriage known as Yibbum, Halizah is the ceremony by which a widow and her husband's brother could avoid the duty to marry after the husband's death....

, which explains that if a man refuses to carry out this 'duty,' the woman must spit in his face, take one of his shoes, and the others in the town must always call him 'the one without a shoe'. While this provision implies that a brother may opt out of Levirate marriage, there is no provision in the Books of Moses for the widow to do so.

Later authorities in Jewish law (Talmudic period) strongly discouraged yibbum in favor of haliza. Because there is a general prohibition on a man marrying his brother's wife , anytime that a yibbum is not required (for example if the deceased had a child), it is forbidden.

Islam

Islamic law
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...

 (sharia) clearly lays down rules for marriage, including who can marry whom, and the Qur'an
Qur'an
The Quran , also transliterated Qur'an, Koran, Alcoran, Qur’ān, Coran, Kuran, and al-Qur’ān, is the central religious text of Islam, which Muslims consider the verbatim word of God . It is regarded widely as the finest piece of literature in the Arabic language...

prohibits a wife to be, "inherited" unless she agrees, al-Nisa verse 19.

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.


According to an analysis by Iraj Bashiri of Chingiz Aitmatov's Jamila, levirate marriage was practiced in Kyrgyzstan
Kyrgyzstan
Kyrgyzstan , officially the Kyrgyz Republic is one of the world's six independent Turkic states . Located in Central Asia, landlocked and mountainous, Kyrgyzstan is bordered by Kazakhstan to the north, Uzbekistan to the west, Tajikistan to the southwest and China to the east...

 during the Cold War
Cold War
The Cold War was the continuing state from roughly 1946 to 1991 of political conflict, military tension, proxy wars, and economic competition between the Communist World—primarily the Soviet Union and its satellite states and allies—and the powers of the Western world, primarily the United States...

. Some do or did practice levirate marriage, more often in the name of tribal practices or customary law rather than Islamic law. "Certain tribal cultures ... enforced the levirate ... according to which a brother of a deceased husband was obliged to marry his widow."

Scythia

The Soviet historian Khazanov gives economic reasons for the longevity of the levirate over two millennia of nomadic history: "inheritance" of a wife as a part of the deceased’s property and the need to support and educate children to continue the line of the deceased.

The levirate custom was revived if there were shaky economic conditions in the deceased’s family. Khazanov, citing [Abramzon, 1968, p. 289 - 290], mentions that during World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...

, 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

Levirate marriages were widespread among Central Asia
Central Asia
Central Asia is a core region of the Asian continent from the Caspian Sea in the west, China in the east, Afghanistan in the south, and Russia in the north...

n nomads. Chinese historian Sima Qian
Sima Qian
Sima Qian was a Prefect of the Grand Scribes of the Han Dynasty. He is regarded as the father of Chinese historiography for his highly praised work, Records of the Grand Historian , a "Jizhuanti"-style general history of China, covering more than two thousand years from the Yellow Emperor to...

 (145-87 BCE) described the practices of the Xiongnu
Xiongnu
The Xiongnu were ancient nomadic-based people that formed a state or confederation north of the agriculture-based empire of the Han Dynasty. Most of the information on the Xiongnu comes from Chinese sources...

 (also transliterated
Transliteration
Transliteration is a subset of the science of hermeneutics. It is a form of translation, and is the practice of converting a text from one script into another...

 "Hsiung-nu") in his magnum opus
Masterpiece
Masterpiece in modern usage refers to a creation that has been given much critical praise, especially one that is considered the greatest work of a person's career or to a work of outstanding creativity, skill or workmanship....

, Records of the Grand Historian
Records of the Grand Historian
The Records of the Grand Historian, also known in English by the Chinese name Shiji , written from 109 BC to 91 BC, was the Magnum opus of Sima Qian, in which he recounted Chinese history from the time of the Yellow Emperor until his own time...

. He attested that after a man's death, one of his relatives, usually a brother, marries his widow.

The levirate custom survived in the society of Northeastern Caucasus Huns
Huns
The Huns were a group of nomadic people who, appearing from east of the Volga River, migrated into Europe c. AD 370 and established the vast Hunnic Empire there. Since de Guignes linked them with the Xiongnu, who had been northern neighbours of China 300 years prior to the emergence of the Huns,...

 until the 7th century CE
Common Era
Common Era ,abbreviated as CE, is an alternative designation for the calendar era originally introduced by Dionysius Exiguus in the 6th century, traditionally identified with Anno Domini .Dates before the year 1 CE are indicated by the usage of BCE, short for Before the Common Era Common Era...

. The Armenia
Armenia
Armenia , officially the Republic of Armenia , is a landlocked mountainous country in the Caucasus region of Eurasia...

n historian Movses Kalankatuatsi states that the Savirs
Sabir
The Sabir people inhabited the Caspian Depression prior to the arrival of the Avars. They appear to have been a Turkic people, possibly of Hunnic origin...

, one of Hunnish tribes in the area, were usually monogamous, but sometimes a married man would take his brother's widow as a polygynous wife. Ludmila Gmyrya, a Dagestan
Dagestan
The Republic of Dagestan is a federal subject of Russia, located in the North Caucasus region. Its capital and the largest city is Makhachkala, located at the center of Dagestan on the Caspian Sea...

i 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 high social status
Social status
In sociology or anthropology, social status is the honor or prestige attached to one's position in society . It may also refer to a rank or position that one holds in a group, for example son or daughter, playmate, pupil, etc....

, 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.

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 Karo
KARO
KARO is a radio station licensed to serve Nyssa, Oregon, USA. The station is owned by the Educational Media Foundation.It broadcasts a Contemporary Christian music format as part of the Air 1 network.-History:...

 people's adat
Adat
Adat in Indonesian-Malay culture is the set of cultural norms, values, customs and practices found among specific ethnic groups in Indonesia, the southern Philippines and Malaysia...

, polygyny is permitted. A study of Kutagamber, a Karo village in the 1960s, noted one instance of the practice, as a result of levirate.

India

Levirate was quite common in rural India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...

 until as recently as a few years ago, and is still practiced in certain parts of Punjab
Punjab (India)
Punjab ) is a state in the northwest of the Republic of India, forming part of the larger Punjab region. The state is bordered by the Indian states of Himachal Pradesh to the east, Haryana to the south and southeast and Rajasthan to the southwest as well as the Pakistani province of Punjab to the...

 and Haryana
Haryana
Haryana is a state in India. Historically, it has been a part of the Kuru region in North India. The name Haryana is found mentioned in the 12th century AD by the apabhramsha writer Vibudh Shridhar . It is bordered by Punjab and Himachal Pradesh to the north, and by Rajasthan to the west and south...

. It is called "Latta Odhna" in the Jat
Jat people
The Jat people are a community of traditionally non-elite tillers and herders in Northern India and Pakistan. Originally pastoralists in the lower Indus river-valley of Sindh, Jats migrated north into the Punjab region in late medieval times, and subsequently into the Delhi Territory,...

s of Haryana
Haryana
Haryana is a state in India. Historically, it has been a part of the Kuru region in North India. The name Haryana is found mentioned in the 12th century AD by the apabhramsha writer Vibudh Shridhar . It is bordered by Punjab and Himachal Pradesh to the north, and by Rajasthan to the west and south...

, Latta being the Haryanvi word for a cloth that women used to cover their heads and faces, and Odhna translating as "covering/wearing". This is also called "Chadar Dhakna" in other parts, Chadar being Hindi
Hindi
Standard Hindi, or more precisely Modern Standard Hindi, also known as Manak Hindi , High Hindi, Nagari Hindi, and Literary Hindi, is a standardized and sanskritized register of the Hindustani language derived from the Khariboli dialect of Delhi...

 for Latta, and Dhakna being Hindi for Odhna.

The practice probably originated centuries ago in agrarian societies where vocational opportunities for women other than working at home were non-existent. Re-marriage or going back to the parents' home was not an option. The practice ensured and continues to do so that any land or property owned by the deceased husband would continue to stay in his family.

If the widow did not have any male progeny and a levirate was not possible, she would be made to adopt a nephew of her husband. The more common practice was for the widow to be married off to an unmarried younger brother—-a custom referred to as niyoga
Niyoga
Niyoga is an ancient Hindu tradition, in which a woman would request and appoint a person for helping her bear a child. According to this Hindu tradition the man who was appointed must be or would most likely be a revered person...

. The ceremony was generally a low-key affair where families from both the widow and the husband's side got together and came to the decision without any of the fanfare that was generally associated with weddings.

In recent years, the levirate has all but disappeared except from the remote rural areas.

Somalia

In Somalia
Somalia
Somalia , officially the Somali Republic and formerly known as the Somali Democratic Republic under Socialist rule, is a country located in the Horn of Africa. Since the outbreak of the Somali Civil War in 1991 there has been no central government control over most of the country's territory...

, levirate marriage is practiced, and provisions are made under Somali customary law or Xeer
Xeer
Xeer, pronounced , is the polycentric legal system of Somalia. Under this system, elders serve as judges and help mediate cases using precedents. It is a good example of how customary law works within a stateless society and is a fair approximation of what is thought of as natural law...

with regard to bride price
Bride price
Bride price, also known as bride wealth, is an amount of money or property or wealth paid by the groom or his family to the parents of a woman upon the marriage of their daughter to the groom...

 (yarad).

Cameroon

Among the Mambila of northern Cameroon
Cameroon
Cameroon, officially the Republic of Cameroon , is a country in west Central Africa. It is bordered by Nigeria to the west; Chad to the northeast; the Central African Republic to the east; and Equatorial Guinea, Gabon, and the Republic of the Congo to the south. Cameroon's coastline lies on the...

, in regard to "Inheritance of wives : both levirates are practised throughout the tribe".

Nigeria

Among the Igbo people
Igbo people
Igbo people, also referred to as the Ibo, Ebo, Eboans or Heebo are an ethnic group living chiefly in southeastern Nigeria. They speak Igbo, which includes various Igboid languages and dialects; today, a majority of them speak English alongside Igbo as a result of British colonialism...

 of southeastern Nigeria
Nigeria
Nigeria , officially the Federal Republic of Nigeria, is a federal constitutional republic comprising 36 states and its Federal Capital Territory, Abuja. The country is located in West Africa and shares land borders with the Republic of Benin in the west, Chad and Cameroon in the east, and Niger in...

, it was 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 practised:

"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".

Kenya

As among the Maragoli of western Kenya
Kenya
Kenya , officially known as the Republic of Kenya, is a country in East Africa that lies on the equator, with the Indian Ocean to its south-east...

, 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 Africa

In countries such as South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...

 where a Levirate marriage is known as ukungena, the obligation for a woman to enter into a levirate marriage is on the decline due to increasing awareness of women's rights
Women's rights
Women's rights are entitlements and freedoms claimed for women and girls of all ages in many societies.In some places these rights are institutionalized or supported by law, local custom, and behaviour, whereas in others they may be ignored or suppressed...

. Among the Zulu, the levirate and ghost marriage
Ghost marriage
In Sudan, a ghost marriage is a marriage where a deceased groom is replaced by his brother. The brother serves as a stand in to the bride, and any resulting children are considered children of the deceased spouse...

 (the vicarious marriage of a woman to the name of a deceased relative) was common until relatively recently.

Zimbabwe

In Zimbabwe Levirate marriage is traditionally practised by the Shona and it is commonly known as "Kugara nhaka". Under the practise, the younger brother is the one who can "inherit" the wife of the elder brother. The elder brother is not allowed to "inherit. the wife of the younger brother. Just like the rest of the world, the practice is now being discouraged due to the epidemic of HIV and AIDS.

In popular culture

The Hallmark Hall of Fame
Hallmark Hall of Fame
Hallmark Hall of Fame is an anthology program on American television, sponsored by Hallmark Cards, a Kansas City based greeting card company. The second longest-running television program in the history of television, it has a historically long run, beginning in 1951 and continuing into 2011...

 movie Loving Leah
Loving Leah
Loving Leah is a television movie that aired on CBS as a Hallmark Hall of Fame movie on January 25, 2009. The film is directed by Jeff Bleckner and stars Adam Kaufman as an unobservant Jewish bachelor who feels compelled to marry his observant rabbi brother's widow, Leah to honor him via the...

(2009) addressed the issue of Levirate marriage in an Orthodox Hasidic Jewish community.

See also

  • Avunculism
    Avunculism
    The avunculate is a feature of some societies whereby men have a special role in relation to their sisters' children.-General:...

    , a cultural custom in which a maternal uncle demonstrates some institutionalised interest in his sister’s offspring and may take on many of the responsibilities typically associated with fatherhood; this is a role, for instance, among American Indian peoples who have matrilineal cultures.
  • Fraternal polyandry, a marriage of two or more brothers and one woman
  • Genealogy of Jesus
    Genealogy of Jesus
    The genealogy of Jesus is described in two passages of the Gospels: Luke 3:23–38 and Matthew 1:1–17.* Matthew's genealogy commences with Abraham and then from King David's son Solomon follows the legal line of the kings through Jeconiah, the king whose descendants were cursed, to Joseph, legal...

    , in which Levirate marriage is offered to explain discrepancies
  • Posthumous marriage
    Posthumous marriage
    Posthumous marriage is a marriage in which one of the participating members is deceased. It is legal in France and similar forms are practiced in Sudan and China. Since World War I, France has had dozens of requests each year, and hundreds have been accepted....

    , a marriage in which at least one party is dead
  • Sororate marriage
    Sororate marriage
    Sororate marriage is a type of marriage in which a husband engages in marriage or sexual relations with the sister of his wife, usually after the death of his wife, or once his wife has proven infertile....

    , a marriage of two or more sisters and one man
  • Widow inheritance
    Widow inheritance
    Widow inheritance, also known as bride inheritance, is a type of marriage in which a widow marries a kinsman of her late husband, often his brother....

    , a modern form of levirate marriage
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