Levirate marriage is a type 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 strong clan structure in which exogamous marriage (i.e. marriage outside the clan) is forbidden.
Etymology
The term
levirate is derived from the Latin
lēvir, meaning "husband's brother;"
it is unrelated to
Leviticus or
Levite.
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 (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 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.[Why Polyandry Fails: Sources of Instability in Polyandrous Marriages Nancy E. Levine; Joan B. Silk http://case.edu/affil/tibet/tibetanSociety/documents/02.pdf]Tirosh-Samuelson, Hava, 1950- (2025). 025311103X, Indiana University Press. 025311103X
Judaism
In the
Hebrew Bible, a form of levirate marriage, called
yibbum, is mentioned in , 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 as
halizah, involving a symbolic act of renunciation of a
yibbum marriage. Sexual relations with one's brother's wife are otherwise forbidden by Leviticus 18 and Leviticus 20.
Jewish custom 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.
This started already in time of Mishnah, "The opinion of Abba Shaul, who said, 'The mitzvah 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). In Yemen, however, the practice of Levirate marriage was observed by the Jewish community there until their immigration to the Land of Israel.
Islam
Sharia (
sharia) 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 insist that if it were to be done, it should be treated as a normal marriage with the wife's consent and additional
mahr.
While not being an Islamic tradition in and of itself, it has historically been widespread in the muslim world and is deemed Halal, with the consent of the wife, by most Muslim scholars, and is even Mustahabb, depending on the circumstance, by some.
It has recently come under strict scrutiny in some parts of the world like Afghanistan, under the Taliban.
Eurasia
Scythia
The levirate custom was revived in
Scythia if there were shaky economic conditions in the decedent's family. Khazanov, citing Abramzon,, 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.
[Khazanov А. M. Social history of Scythians, Moscow, 1975. p. 82 (no ISBN, but the book is available in US libraries, Russian title Sotsialnaya Istoriya Skifov, Moskva, 1975)]
Central Asia and Xiongnu
The levirate custom survived in the society of Northeastern Caucasus
Huns until the 7th century
Common Era. The
historian Movses Kalankatuatsi states that the
Sabir people, 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
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, 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.
[Gmyrya L. Hun Country At The Caspian Gate, Dagestan, Makhachkala 1995, p.212 (no ISBN, but the book is available in US libraries, Russian title Strana Gunnov u Kaspiyskix vorot, Dagestan, Makhachkala, 1995)] Hungarians also practiced levirate marriages. Koppány's rebellion against the Christian king Stephen I and claim to marry
Sarolt, the widow of his relative Géza, was qualified as an incestuous attempt by 14th-century Hungarian chronicles, but was fully in line with the pagan custom.
India
In 2017, the
Indian 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.
The most famous instance of levirate marriage in India was the wedding of the Panchala princess Draupadi to the five Pandava brothers. It is a main plot point of the epic Mahabharata, though heavily discussed in the text as being controversial. (Polygamy, however, was common at the time.)
Indonesia
According to the
adat (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.
[Masri Singarimbun, Kutagamber: A village of the Karo.] The Indonesian term for it is "
turun ranjang" (lit.: get down off one's bed).
Japan
The Japanese had a custom of levirate marriage called
aniyome ni naosu (兄嫁に直す) during the
Meiji period.
Kurds
Levirate marriages among the
Kurds are very common and also among the Kurds in Turkey, especially in
Mardin.
[ the reasons for traditional marriages in Turkey and the effects of custom on marriages; Tuğçe P. Taçoğlu "[1] ]
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.
Kyrgyz
"The
Kyrgyz people 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."
[ Afghanistan -- Ethnicity and Tribe ]
Korea
The Korean kingdom of
Goguryeo also had a custom of levirate marriage. An example of this was king Sansang of Goguryeo marrying the queen of Gogukcheon of Goguryeo, who was his older brother's wife.
[Pae-yong Yi, 《Women in Korean History 한국 역사 속의 여성들》, Ewha Womans University Press, 2008. , pp.122-123]
Manchu
The existence of levirate marriage is supported by the case of Korean
Princess Uisun who was brought to the Later Jin dynasty to marry the
Manchu prince
Dorgon and married his nephew after he died.
[ Veritable Records of Shunzhi: "初，朝鮮國王族女，為和碩端重親王博洛妃。王薨，妃寡居。其父錦林君李愷允入充貢使，於賜宴日泣請其女還國，部臣以聞，下議政王貝勒會議，許之。"]
Africa
Central African Republic
Levirate marriage is commonly practiced among
Gula People who mostly live in northern part of Central African Republic.
Cameroon
Among the
Mambila of northern
Cameroon, in regard to "Inheritance of wives: both levirates are practised throughout the tribe".
Kenya
As among the
Maragoli of western
Kenya,
likewise "in the
Luo peoples case widows become mostly remarried to the deceased husband's brother".
In the highlands of Kenya, it is "Nandi people custom for a widow to be 'taken over' ... by a brother ... of her deceased husband."
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:
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 (
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 to strict Islamic interpretations that have been imported to Somalia.
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.
Zimbabwe
In
Zimbabwe, levirate marriage is practiced amongst the
Shona people, and provisions are made under Zimbabwe
customary law, with regard to
bride 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.
Americas
Pre-colonial Inca civilization
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 of
Cuzco would not be mixed with that of some other nation or disappear."
[ (based on the Palma de Mallorca manuscript)]
In popular culture
Levirate marriages serve as a plot-element in various works of fiction:
-
In William Shakespeare's iconic play Hamlet, the titular character's paternal uncle; King Claudius, marries his mother, after the death of Hamlet's father. It is later revealed by the late king's ghost that Claudius murdered his brother, in order to seize the throne and marry his sister-in-law.
-
The plot of Holy Matrimony (1994) is based on a levirate marriage, but the real-life don't have such custom.
-
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).
[List of Deadwood characters#Martha Bullock]
-
In the Tamil literature novel Arukattuthurai (2006), Aruldas, (younger brother of Samuel) marries his sister-in-law Samuthiravalli, nearly three years after Samuel goes missing.
-
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 (2011–2016), 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.
See also
-
Avunculate, 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 Native American peoples who have matrilineal cultures.
-
Sororal polygyny, a marriage of two or more sisters and a man.
-
Fraternal polyandry, a marriage of two or more brothers and one woman
-
Genealogy of Jesus, in which Levirate marriage is offered to explain discrepancies
-
Posthumous marriage, a marriage in which at least one party is dead
-
Widow conservation
