Marrying Your Brother-In-Law: Is It Legal?

Marrying one's brother-in-law is a practice that has been observed in various cultures and religions throughout history. In some societies, it is known as levirate marriage, where a woman marries her late husband's brother, usually with the intention of continuing her late husband's family line or for the woman to remain in the family unit. This practice has been noted in ancient societies, such as the Huns, and in modern times among certain ethnic groups in Africa. While it may be uncommon in many cultures today and could be considered unusual by some, it is not universally seen as taboo or illegal.

Is it legal?

While marrying one's brother-in-law is not expressly illegal, it is generally considered taboo in most cultures. However, there are some cultural and religious exceptions to this.

In some societies, it is customary for a widow to marry her husband's brother, known as a levirate marriage. This practice has been observed in various cultures throughout history, including among the Huns, Hungarians, Goula people in Central Africa, Mambila people in Cameroon, Maragoli people in Kenya, Shona people in Zimbabwe, and the Yoruba, Igbo, and Hausa-Fulani people in Nigeria. The primary purpose of levirate marriage is often cited as allowing the widow's children to retain the father's family identity and inheritance. While less common today, it is still practised in some parts of the world. For example, in the Tamil novel 'Arukattuthurai', the character Aruldas marries his sister-in-law, Samuthiravalli, after his brother Samuel goes missing.

In the Christian faith, the practice of a man marrying his brother's widow is referenced in the Bible, in Deuteronomy 25:5. This passage suggests that if brothers live together and one dies without a son, the surviving brother is expected to marry the widow to carry on his brother's lineage. However, this idea is seemingly contradicted by another passage in Leviticus, which condemns marrying one's brother's wife under any circumstances.

In some cultures, the expectation for a widow to marry her husband's brother is so strong that it is considered tantamount to adultery for her to be involved with another man. This belief was held by the Nandi people in Kenya, who considered it the duty of the brother to 'take over' and marry his brother's widow.

While it may be legally permissible for a woman to marry her brother-in-law in many places, it is important to consider the cultural and societal norms that may view such a union as unusual or taboo.

Is it socially acceptable?

Marrying one's brother-in-law was a common practice in many societies in the past. For example, it was practised by the Huns, the Goula in the Central African Republic, the Mambila in Cameroon, the Maragoli in Kenya, the Shona in Zimbabwe, the Inca in Peru, and the Scythians in Central Asia. In these societies, it was socially acceptable for a woman to marry her brother-in-law, especially if her husband had passed away and she had children, as this allowed the children to retain their father's family identity and inheritance. In some societies, such as the Huns and the Shona in Zimbabwe, the widow had a choice in the matter and was not forced to remarry.

However, in modern times, this practice has fallen out of favour in many places due to changing social norms and increased literacy among women. While it may still be legally valid to marry one's brother-in-law in some jurisdictions, it is not commonly practised and may be viewed as unusual or taboo by some people. For example, a discussion on Reddit suggests that while it is not illegal, it may be considered "weird" or raise "eyebrows in surprise" by some individuals.

The social acceptability of a woman marrying her brother-in-law can vary depending on cultural, religious, and regional factors. In some cultures, it may still be seen as a normal or even advantageous practice, especially in more traditional or conservative societies. For instance, in certain communities, it may be viewed as a way to strengthen family bonds or ensure the continuation of a family line.

On the other hand, in Western societies and more urbanised or educated populations, it may be seen as socially unacceptable due to the potential for conflicts of interest and the importance placed on individual choice in romantic relationships. Additionally, in some religious traditions, such as Catholicism, marrying one's brother-in-law is forbidden by religious texts, such as Leviticus, unless specific circumstances apply, such as the absence of children, as noted in Deuteronomy.

Is it religiously acceptable?

The practice of a woman marrying her brother-in-law is known as a levirate marriage. While this custom has largely fallen out of favour, it is still observed by some communities around the world.

Christianity

The Bible contains conflicting verses on levirate marriage. Leviticus states that divine punishment for such a union will be infertility, indicating a blanket condemnation of marrying one's brother's wife. However, Deuteronomy presents an exception to this rule, suggesting that if a man dies childless, his brother should marry the widow to bear children on his behalf.

Islam

Levirate marriage is considered acceptable in Islam, and it is practised by some Muslims, including Pashtuns. The Taliban had banned the practice in Afghanistan, but it is still prevalent in other regions. The tradition is often justified as a means to keep wealth, including property and inheritance, within the family.

Judaism

In ancient times, levirate marriage was practised by the Israelites, even before the Law of Moses, as evident in the biblical story of Ruth. However, in modern times, this custom has become nearly extinct among Jewish communities.

Other Cultures and Regions

Levirate marriage has been documented in various cultures and regions, including the Huns, Armenians, Hungarians, Goula people of Central African Republic, Mambila of Cameroon, Maragoli of Kenya, Shona of Zimbabwe, and some groups in Nigeria. In certain cases, the widow had a choice in the matter, while in others, it was expected or even forced upon her.

What are the reasons for doing so?

A woman marrying her brother-in-law is known as a levirate marriage. This type of marriage is considered a form of incest and is prohibited by law in many places. However, there are several reasons why a woman might choose to marry her brother-in-law.

Firstly, levirate marriages have been practised in various cultures and religions throughout history. For example, it was a pagan custom among the Huns and Hungarians, as well as among the Goula people in the Central African Republic, the Mambila in Cameroon, and the Maragoli in Kenya. In some cultures, it was a way to ensure that the widow and her children retained the father's family identity, inheritance, and economic stability. In Judaism, for instance, levirate marriage is required if a man dies without children, so that his brother-in-law can continue his lineage.

Secondly, in some societies, it is considered adultery for a widow to be sexually involved with anyone other than a close relative of her late husband. This belief is held by the Nandi people in Kenya, for whom it is custom for a widow to be "taken over" by her late husband's brother.

Thirdly, in certain communities, a woman may choose to marry her brother-in-law due to a lack of other options. For example, in rural areas with limited migration, a woman may feel that she has no choice but to accept a levirate marriage.

Finally, in some cases, a woman may simply prefer to marry her brother-in-law due to emotional attachment, convenience, or a desire to keep her late husband's family close.

Are there any examples in history or popular culture?

The practice of a woman marrying her brother-in-law is known as levirate marriage. This custom has been observed in various cultures and religions throughout history, including ancient Jewish traditions, and among the Huns, the Goula people in the Central African Republic, the Mambila of northern Cameroon, the Maragoli of western Kenya, the Luo, the Nandi, the Shona people of Zimbabwe, the Yoruba, the Igbo, and the Hausa-Fulani.

In some cultures, levirate marriage was practised to ensure the continuation of a deceased man's lineage and inheritance. For example, in Judaism, if a man dies without children, his brother-in-law is expected to marry the widow to produce offspring and continue the deceased brother's lineage. Similarly, in South Carolina, if a man dies without children, his brother is required to marry the widow and have children with her to ensure the continuation of the deceased man's lineage and inheritance. This custom is also observed by the Shona people of Zimbabwe, where any children resulting from the levirate marriage are considered children of the deceased spouse.

In other cultures, levirate marriage was practised to protect the widow and provide for her and her children. During World War II, for example, the levirate custom was resurrected in Central Asia, where adult sons and brothers of a deceased man held themselves responsible for providing for his dependents. One of them would marry the widow and adopt her children.

Levirate marriage has also been depicted in popular culture, such as in the Tamil novel "Arukattuthurai" (2006), where Aruldas, the younger brother of Samuel, marries his sister-in-law, Samuthiravalli, after Samuel goes missing. Another example is in the novel series "A Song of Ice and Fire", where Lord Eddard Stark marries his brother Brandon's betrothed, Catelyn Tully, after Brandon's death.

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