Levirate marriage
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 was forbidden. It has been known in many societies around the world.
Etymology
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 women.
Judaism
Yibbum is the form of levirate marriage found in Judaism. As specified by, 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 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, yibbum is prohibited.
Sexual relations with one's brother's wife are not allowed according to Leviticus 18 and Leviticus 20.
Islam
clearly lays down rules for marriage, including who may marry whom, and although the Quran does not prohibit a man from marrying his brother's widow, it does prohibit a wife to be "inherited".Asia
Scythia
The levirate custom was revived if there were shaky economic conditions in the decedent's family. Khazanov, citing , 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 polygynous wife. Ludmila Gmyrya, a Dagestani historian, asserts that the levirate survived into "ethnographic modernity". Kalankatuatsi describes the form of levirate marriage practised 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 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 adat 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".Kurds
Levirate marriages among the Kurds are very common and also among the Kurds in Turkey, 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 bride 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 customary law or Xeer with regard to bride price. 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 Cameroon, 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: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 peoples, 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, and Seth.In A Song of 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.