Gavin Howe
Marrying your brother-in-law's sister is generally not prohibited, as long as you are of legal age (18) or have parental consent, are not currently married, and are mentally competent. However, it is important to note that the laws regarding marriage may vary depending on the state and country. In Islamic law (Sharia) and Jewish law (halakha), sexual relations between siblings-in-law are prohibited as incestuous unless one is no longer married. On the other hand, in Judaism, there was a custom of yibbum, where a man had the non-obligatory duty to marry his deceased brother's childless widow.
| Characteristics | Values |
|---|---|
| Relationship | A sibling-in-law is the spouse of one's sibling or the sibling of one's spouse. |
| Other terms | More commonly, a sibling-in-law is referred to as a brother-in-law (male) or sister-in-law (female). |
| Type of kinship | Siblings-in-law are related by a type of kinship called affinity, like all in-law relationships. |
| Relation by blood | This relationship does not relate to the person directly by blood. |
| Children | The children of one's siblings-in-law are called nieces and nephews, and if necessary, are specified as "by marriage", "by blood", or "by adoption". |
| Marriage | 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. However, in Judaism, there was a custom of yibbum, where a man had a non-obligatory duty to wed his deceased brother's childless widow. In New York, blood relatives are prohibited from marrying each other, but the wife's brother is not a blood relative, so marriage is allowed in this case. There is no prohibition against marrying a sister-in-law's younger brother, as long as certain conditions are met, such as being of legal marrying age (18) and having parental permission. |
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What You'll Learn
Marriage laws vary by state
Marriage laws in the United States vary across states. While the general regulation of marriage is a matter of state law, the federal government can override state laws in certain circumstances. For example, in the case of Loving v. Virginia, the Supreme Court invalidated a Virginia law prohibiting interracial marriage, thereby ending racial segregation in marriage across the nation.
State laws on marriage cover various aspects, including the process of obtaining a marriage license, waiting periods, and requirements such as blood tests and premarital counseling. For instance, states like Maryland, Louisiana, and Texas have a waiting period of two to three days, while Minnesota requires five days. Colorado is the only state that mandates premarital counseling, while California and Arizona require it for minors seeking to marry. Additionally, some states offer discounts or waivers on marriage license fees if the couple undergoes counseling before the wedding.
Another area where state laws differ is in the recognition of common-law marriages. In most states, including the District of Columbia and territories like Puerto Rico and Guam, each spouse owns their personal property, and they may also own joint property or property as tenants in common. However, the marriage itself does not create a marital community, and there is no concept of "marital property."
Furthermore, state laws impose limitations on who can marry, often restricting individuals to one living spouse at a time and prohibiting incestuous relationships. While specific incest prohibitions may vary, they typically include relationships between siblings, parents, and first cousins. Some states may also require individuals to meet age requirements, possess good mental capacity, and be of opposite sexes.
In terms of the original query, the term "brother-in-law" typically refers to the brother of one's spouse or the spouse of one's sibling. Similarly, a "sister-in-law" refers to the sister of one's spouse or the spouse of one's sibling. These relationships are not directly related by blood but are considered kinship through affinity. While marriage laws vary across states, it is important to note that incestuous marriages are generally prohibited, and seeking legal advice from a family law attorney is advisable for specific situations.
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Siblings-in-law are not blood relatives
A sibling-in-law is the spouse of one's sibling or the sibling of one's spouse. More commonly, a sibling-in-law is referred to as a brother-in-law for a male and a sister-in-law for a female. In-laws are people you are related to by marriage, not blood. Therefore, a sibling-in-law is not a blood relative.
In Indian English, a sibling-in-law can be referred to as a co-sibling. Specifically, a co-sister for the wife of one's sibling-in-law, or co-brother for the husband of one's sibling-in-law.
The children of one's siblings-in-law are called nieces and nephews, and if necessary, it is specified whether they are related "by marriage", "by blood", or "by adoption".
In some cultures, marrying a sibling-in-law is prohibited as incestuous. For example, in Islamic law (Sharia) and Jewish law (halakha), sexual relations between siblings-in-law are forbidden as incestuous unless the spouse is no longer married. However, in Judaism, there was a custom of yibbum, where a man had a non-obligatory duty to wed his deceased brother's childless widow.
While marrying a sibling-in-law is not considered incestuous in all cultures, it may still be seen as socially unusual or taboo. However, there are no blood relations between siblings-in-law, and as long as legal requirements are met, such as age and mental competence, it is legally valid.
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Islamic law prohibits incestuous relations
In Islam, incestuous relationships are strictly prohibited, both in the Quran and the Hadith (sayings of the Prophet Muhammad). The Quran prohibits all forms of unlawful sexual intercourse, and the Hadith makes it clear that incestuous relationships, including those between fathers and daughters, and brothers and sisters, are forbidden in Islam.
Islamic law, or Sharia, prohibits sexual relations between siblings-in-law, unless the spouse is no longer married. This is also true of Jewish law, or halakha. However, in Judaism, there was a custom of yibbum, where a man had a non-obligatory duty to marry his deceased brother's childless widow.
Islamic teachings emphasize the importance of consent in any sexual relationship, and incestuous relationships are considered a form of abuse that harms both the victim and the family unit. Islam's principles of preserving family relationships, maintaining the dignity of family members, and upholding the importance of consent are all factors in the prohibition of incest.
Islamic scholarship on the issue of incest and sodomy reveals differing opinions. Some scholars, like Abdul Malik Al Majshun and Al Shafii, allowed marriage between a man and his daughter conceived through adultery. Others, like Ibn Al Qasim, Abu Hanifa, and his companions, prohibited such relationships. Al-Thuri and Ahmad Ibn Hanbal stated that if a man sodomizes a woman's father or brother, she is prohibited from marrying him. These debates highlight the complexity of interpreting Islamic law and the importance of consent and family relationships in these discussions.
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Jewish law prohibits incestuous relations
Jewish law, or Halakha, prohibits incestuous relations. While incest taboos are found in the majority of cultures, medieval Jewish thinkers found this to be an insufficient explanation for the Torah’s prohibitions. The laws of incest in Judaism are broadly cross-cultural, reflecting the "almost universal, natural feelings of a person towards those with whom he has been reared".
In the 11th century, two Karaite reformists rejected the principle that a marriage was a true and full union, arguing that only relationships analogous to those in the biblical prohibitions should be forbidden. They divided relatives into two groups: first-degree and second-degree relatives. First-degree relatives include a parent, stepparent, sibling, sibling-in-law, child, and child-in-law. Second-degree relatives include an aunt (including an uncle's wife), uncle (including an aunt's husband), grandchild, and grandchild's wife.
The Jerusalem Talmud is more restrictive in regard to incest than the Babylonian Talmud. Ashkenazi Jews generally follow the incest regulations of the Jerusalem Talmud, while Sephardi Jews tend to follow the Babylonian Talmud. Marriages forbidden in the Bible were regarded by the rabbis of the Middle Ages as invalid, and any children born to such a couple were considered illegitimate.
According to Jewish law, a man may not marry his niece, cousin, stepson's wife, or deceased wife's sister, among others. A woman may not marry her uncle, a married man, or a man with whom she committed adultery, among other prohibitions. In Jewish incest law, an aunt-nephew marriage is prohibited, but an uncle-niece marriage is permitted, even though it may be prohibited by the state.
While the extent to which the forbidden relationships extend beyond the seconds is a matter of dispute, Talmudic scholars agree that marriage to the wife of any male descendant or ancestor in the direct male line is forbidden. Some classical rabbis and Jewish scholars of the Middle Ages included the wives of male descendants and ancestors in this prohibition.
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Indian English terms for in-laws
In English, the terms for one's in-laws are standardised: the husband of one's sibling or the sibling of one's spouse is referred to as a brother-in-law, and the wife of one's sibling or the sibling of one's spouse is referred to as a sister-in-law. The parents and close relatives of one's spouse are also considered one's in-laws.
In Indian English, however, there are some variations on these terms. A person's sibling's spouse can be referred to as a co-sibling, with the specific terms co-sister and co-brother used for female and male spouses, respectively.
It is important to note that the children of one's siblings-in-law are referred to simply as nieces and nephews. If necessary, it can be specified whether they are related "by marriage", as opposed to "by blood" or "by adoption". This distinction is important, especially in cases where one pair of siblings is married to another pair of siblings, creating a double relationship between the siblings-in-law and double cousins for the children of the two couples.
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Frequently asked questions
Yes, you can marry your brother-in-law's sister as long as you are of legal marrying age (18 in most places) or have parental permission, you are not married to someone else, and you are both mentally competent. However, it is important to note that this may depend on the laws of your state or country, as well as cultural and religious customs.
A sibling-in-law is the spouse of your sibling or the sibling of your spouse. For example, the wife of your brother is your sister-in-law, and her brother would be your brother-in-law's brother-in-law.
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 Islam, it is forbidden for two brothers to marry two sisters, according to Quran 4:22-23. However, there is no restriction on this in Judaism or other cultures as long as it is not incestuous.
