Cecily Zamora
Marrying one's brother-in-law was illegal for many years and is still considered taboo by some. In the past, the relationship between in-laws was seen as close as blood relatives, thus prohibiting the marriage. However, several acts in the first half of the 20th century, namely the 1921 Marriage Act, legalised such marriages provided the relevant sibling had died. While it may be legally permissible in some places, it is important to note that laws vary by region, and certain types of relatives are prohibited from marrying.
| Characteristics | Values |
|---|---|
| Legality | Marrying one's brother-in-law is legal in some jurisdictions, such as New York State, USA. |
| Social Norms | While not a social norm in most places, marrying one's brother-in-law is not unheard of and is more common than some may think. |
| Religious Views | In Islamic law (Sharia) and Jewish law (halakha), sexual relations between siblings-in-law are prohibited as incestuous unless the spouse is no longer married. In Judaism, there was a custom called yibbum, where a man had the non-obligatory duty to wed his deceased brother's childless widow. |
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What You'll Learn
- Marriage to a brother-in-law is legal in some places
- It is not uncommon for people to marry their in-laws
- In some cultures, it is customary for a widow to marry her brother-in-law
- Marrying a brother-in-law is considered incest in some religions
- There are no blood relations between a person and their brother-in-law
Marriage to a brother-in-law is legal in some places
Marriage to a brother-in-law was prohibited for many years. The relationship between in-laws was seen as close as blood relatives, and in the eyes of God, it was akin to a blood relationship. In England, the list of forbidden marriages was drawn up by the Church of England in 1560 and remained unchanged until the 20th century.
However, several acts in the first half of the 20th century brought these laws up-to-date and, in some cases, legalised marriage between in-laws. The 1907 Marriage Act removed the husband's brother from the list of prohibited marriages, provided the first spouse had died. This was further reinforced by the 1921 Marriage Act, which removed the brother's wife and sister's husband from the list of prohibited marriages, again provided the relevant brother or sister had died.
While marriage to a brother-in-law is now legal in some places, it is important to note that this may not be the case universally. Marriage laws vary across different countries and jurisdictions. For example, in Australia, it is prohibited to marry a sibling, which includes relatives in these categories via adoption.
Additionally, social perceptions of marrying an in-law vary. While some may not find it weird or taboo, others may view it as unusual and raise their eyebrows in surprise.
Overall, as long as all parties are consenting adults who can communicate respectfully and honestly, there is nothing inherently wrong with marrying a brother-in-law in places where it is legal to do so.
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It is not uncommon for people to marry their in-laws
Marrying one's in-laws is not unheard of and is, in fact, legal as long as there is no direct blood relation. In-laws are people you are related to by marriage, and a sibling-in-law is the spouse of one's sibling or the sibling of one's spouse. In Indian English, the spouse of a sibling can be referred to as a co-sibling. While it may not be the norm, it is also not uncommon for people to develop feelings for their in-laws, as people who spend a lot of time together may fall for each other.
In some cultures and religions, marrying one's in-laws is a long-standing custom. For example, in Jewish culture, there was the custom of yibbum, where a man had the duty to marry his deceased brother's childless widow so that she might have progeny. In Islamic law and Jewish law, sexual relations between siblings-in-law are prohibited as incestuous unless the spouse is no longer married. Levirate marriage, where a man marries his brother's widow, has been practised by the Huns, Goula, Mambila, Maragoli, Shona, and other tribes in Kenya, Cameroon, and Nigeria. In some of these cultures, it is considered adultery for a widow to be with a man who is not her late husband's close agnate, such as his brother. In other cases, the widow may choose to marry her late husband's brother to ensure that her children retain their father's family identity and inheritance.
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In some cultures, it is customary for a widow to marry her brother-in-law
In Jewish culture, levirate marriage (yibbum) is the obligation of a surviving brother to marry his brother's widow if the deceased brother died without children (Deuteronomy 25:5-6). The explicit purpose of this commandment was to have the surviving brother produce an heir to carry on the name of his dead brother. While this practice is mentioned in the Torah, the Talmud suggests that halitzah ("taking off the shoe") is preferred. If the brother-in-law refuses to marry the widow, she performs halitzah by taking off his shoe, symbolizing mourning, and then spits on the ground to show contempt. After this ritual, she is free to marry anyone she chooses.
In Islamic law (Sharia), while the Quran does not prohibit a man from marrying his brother's widow, it insists that the marriage should be treated as a normal union with the wife's consent and a mahr.
In African cultures, levirate marriage has been practiced among various tribes and societies, including the Goula in the Central African Republic, the Mambila in northern Cameroon, the Maragoli and Luo in Kenya, the Shona in Zimbabwe, and the Yoruba, Igbo, and Hausa-Fulani in Nigeria. This custom often served to protect the widow and ensure that any children from the previous marriage retained their father's family identity and inheritance.
In historical European cultures, there are also accounts of widow inheritance, such as the story of Edward and Jane in the 1800s, where a widow married her deceased husband's brother. While this practice was illegal for many years, it was sometimes carried out to provide support and stability for widowed women and their children.
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Marrying a brother-in-law is considered incest in some religions
Marrying one's brother-in-law is considered incest in some religions and cultures. While it is not explicitly mentioned in religious texts, the concept of incest generally involves sexual relations or marriage between individuals who are closely related by blood or marriage.
In the Bible, for example, Leviticus 18:7–11 and 20:11–21 set out lists of prohibited relationships, which include a man's parent's daughter (including his sister), a man's father's wife (including his mother), and a man's mother-in-law. These prohibitions are further elaborated on in Leviticus 18:6, which states, "None of you shall approach any of your close relatives to uncover their nakedness. I am the Lord." This passage specifically mentions a man not marrying his sister (half or full), granddaughter, step-sister, paternal or maternal aunt, father's brother's wife, daughter-in-law, or sister-in-law.
Similarly, in Islam, pre-Islamic rules regarding incest were made statutory, and marriage between a man and his stepmother, daughter-in-law, or sister was prohibited. These religious guidelines provide a framework for understanding what constitutes incest and guide the moral and legal codes of various societies.
In some cultures and legal systems, marrying one's brother-in-law is not explicitly prohibited. For instance, in the story of Edward and Jane, a man married his brother's widow, which was not illegal at the time. However, this incident occurred before the changes in the law that prohibited such marriages.
It is important to note that the perception of marrying a brother-in-law as incest or taboo varies across different cultures and legal systems. While some societies may view it as acceptable, others may consider it socially or legally unacceptable. As such, it is essential to consider the cultural and legal context within which the question arises.
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There are no blood relations between a person and their brother-in-law
Marrying one's brother-in-law or sister-in-law is not unheard of, and as long as there is no blood relation, it is legally allowed in many places. In the past, such marriages were prohibited, with the relationship between in-laws seen as close as blood relatives. However, over time, several acts and changes in law have occurred to allow such marriages under certain conditions.
In England, the list of forbidden marriages drawn up by the Church of England in 1560 remained unchanged until the 20th century. The 1907 Marriage Act removed the husband's brother and wife's sister from the list of prohibited marriages, but only if the first spouse had died. This change was made to help families where the wife died, often during childbirth, and it made sense for her sister to step in and look after the family.
Further changes came after the First World War in 1921, as many men died during the war, leaving widows and children struggling to survive. The 1921 Marriage Act removed the brother's wife and sister's husband from the prohibited list, provided the brother or sister had died. This allowed a man to marry his deceased wife's brother and a woman to marry her deceased husband's sister.
While these changes made such marriages legal, they may still be considered taboo or unusual by some families and societies. However, as long as all parties are consenting adults who can communicate respectfully and honestly, there is nothing inherently wrong with these relationships.
To summarise, while there are no blood relations between a person and their brother-in-law or sister-in-law, and such marriages are now legally permitted in many places, they may still be met with surprise or disapproval by some due to societal norms and the relatively recent changes in legislation.
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Frequently asked questions
Marriage laws vary by location and change over time. In some places, it is legal to marry your brother-in-law, but in others, it is prohibited. In Australia, for example, it is illegal to marry a sibling, which includes a brother-in-law. In the UK, it was illegal for many years, but this changed in 1907 when the Marriage Act allowed a man to marry his dead wife's sister, provided the first spouse had died. This was further updated in 1921 to allow a man to marry his deceased brother's wife.
Marrying an in-law is not a common practice, and some families may find it unusual. However, as long as all parties are consenting adults and there is no blood relation, some people do not consider it taboo.
Prohibited marriages include those with close blood relatives, such as parents, grandparents, children, grandchildren, and siblings. This also includes relatives via adoption, even if the adoption order has been cancelled. Marrying someone under the age of 18 without court approval is also illegal in many places.
