Keith Mack
Levirate marriage, or marriage with a brother-in-law, has been practised in various societies, including ancient Israelite communities, the Huns, and several African tribes. This type of marriage occurs when a man marries his brother's widow, often with the intention of producing an heir for his deceased brother. While levirate marriage has been depicted in literature and television, it has fallen out of favour in modern times due to ethical concerns and improved social conditions for women. However, it is still practised in some parts of the world, although its legality varies across different jurisdictions.
| Characteristics | Values |
|---|---|
| Type of marriage | Levirate marriage |
| Description | A marriage between a man and his brother's widow |
| Legal status | Prohibited in some countries/societies; practiced in others |
| History | Practiced by ancient societies with strong clan structures; featured in literature and religious texts |
| Reasons | Providing an heir for the deceased brother; protecting and providing for the widow and her children |
| Variations | Ghost marriage, where a groom's brother replaces him if he dies before marriage |
| Regional practices | Hunnish tribes, Hungarians, Shona people of Zimbabwe, Goula of Central African Republic, Mambila of Cameroon, Maragoli and Nandi of Kenya, Yoruba, Igbo, and Hausa-Fulani of Nigeria |
| Legal changes | 1907 law change in the UK allowed a man to marry his dead wife's sister; 1921 law change removed further restrictions |
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What You'll Learn
Levirate marriage
In modern times, levirate marriage has been practised among certain ethnic groups in Africa, such as the Goula in the Central African Republic, the Mambila in Cameroon, and the Maragoli and Nandi people in Kenya. In some parts of Nigeria, it is common for a woman to marry her late husband's brother if she had children, allowing the children to retain the father's family identity and inheritance. However, the practice has been declining due to increased urbanisation and improved literacy among women. While it was once illegal in many places, levirate marriage is no longer prohibited in most jurisdictions.
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Historical examples
The practice of marrying one's widowed sister-in-law or brother-in-law, known as levirate marriage, has a long history in various cultures and religions. While it is no longer common in modern times, there are several historical examples where this type of marriage occurred.
Ancient Times
In ancient times, levirate marriage was practised by the Huns, as described by the Armenian historian Movses Kalankatuatsi. Women had a high social status, and the widow had the choice of whether to remarry. If she chose to do so, her new husband could be a brother or son (by another woman) of her first husband. This custom also existed among the ancient Israelites, even before the Law of Moses, as evidenced by the story of Tamar and Onan in Genesis 38.
Regency Period
During the Regency period, marriages between a widower and his wife's sister or a widow and her husband's brother were considered valid but voidable. They were forbidden under ecclesiastical law but did not become illegal until the Marriage Act of 1835. One example of this is the case of Jane Austen's brother, Charles. In 1814, his wife, Fanny, died in childbirth. He left his three daughters in the care of his wife's sister, Harriet, and later married her in 1820.
19th Century
In the 19th century, it was not uncommon for a man to marry his brother's widow, even if it was illegal. For example, in 1851, Edward Anderton married Mary Ann Anderson, who was the widow of his brother, John Anderton. While this may have been illegal, many people ignored such laws during this time.
20th Century
In the 20th century, the practice of levirate marriage was still observed in certain cultures. Among the Goula people of the Central African Republic, the Mambila of northern Cameroon, and the Maragoli of western Kenya, it was customary for a widow to marry her late husband's brother. This custom was also practised by the Shona people of Zimbabwe and was provided for under customary law. However, in recent decades, this type of marriage has fallen out of favour due to social and economic changes.
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Religious views
The concept of marrying one's brother's widow, known as "levirate marriage", has been a common custom in various societies throughout history, including ancient Israel, Africa, the Middle East, and certain tribes. It is rooted in the importance of continuing the family line, preserving inheritance, and providing care and protection for the widow. Here is an overview of how different religions view this practice:
Judaism
In ancient times, levirate marriage was a custom among the Israelites, as mentioned in the Torah (Deuteronomy 25:5-6) and exemplified in the story of Tamar and Onan in the Book of Genesis. However, in modern times, this practice has fallen out of favour in Judaism and is considered extinct. Rabbinic Judaism introduced the halitza ceremony, which allows either the widow or the brother-in-law to decline the marriage.
Christianity
The spread of Christianity influenced how people viewed widow remarriage, particularly in African countries and Jewish communities. While the Bible mentions levirate marriage, it is not advocated as a standard practice for Christians. In the history of the Roman Catholic Church, marrying one's brother's widow was considered a breach of canon law. However, dispensations could be obtained, as seen in the case of Henry VIII in the 16th century. The Church of England and the UK also initially prohibited this practice but eventually allowed it in 1921.
Islam
In some Islamic countries, such as Saudi Arabia and Sudan, religious laws might permit levirate marriage. However, the spread of Islam has also influenced the decline of this practice in certain regions, promoting more individual marriage rights.
Other Cultural and Religious Traditions
Levirate marriage has been practised in various cultures worldwide, including the Goula in the Central African Republic, the Mambila of northern Cameroon, the Maragoli and Nandi communities in Kenya, and some tribes in Nigeria. It was also observed in ancient societies such as the Huns, the Hungarians, and the people ruled by the Inca in Peru during the early 16th century.
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Legal status
Levirate marriage, or the marriage between a man and his sister-in-law, was a common practice in ancient societies with strong clan structures. In such societies, marriage outside the clan was forbidden, and levirate marriage served to protect widows and their children by providing them with a male protector and provider. The practice is mentioned in the Bible, with examples including Tamar and Onan in Genesis 38, and Ruth and Boaz in the book of Ruth.
However, in modern times, levirate marriage has been largely outlawed due to its close association with incest. In the 1800s, marrying one's brother's widow was illegal in England, though it was a frequent occurrence. Similarly, in the early 1900s, such marriages were prohibited in the United States, with the 1907 Marriage Act allowing a man to marry his deceased wife's sister but not his brother's widow.
Over time, legal attitudes towards levirate marriage have evolved. After World War I, in 1921, changes were made to accommodate the increasing number of widows and children left behind by the war. More recently, in some parts of the world, levirate marriage is still practised, especially in certain tribes and communities. For example, among the Goula in the Central African Republic, the Mambila in Cameroon, and the Maragoli in western Kenya, it is customary for a widow to marry her late husband's brother. In these cultures, it is sometimes considered adultery for a widow to be involved with a man outside of her late husband's family.
While levirate marriage may be accepted or even expected in certain traditional or rural communities, it is generally prohibited in countries with legal systems based on religious texts like the Bible or Quran, which discourage or forbid such practices. Additionally, in countries with electronic marriage registration systems, it is more challenging to circumvent legal restrictions on levirate marriage.
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Cultural differences
Levirate marriage, or widow inheritance, is a custom in which a widow is obliged to marry her late husband's brother, who is, in turn, obliged to marry his brother's widow. The practice has been observed in various cultures throughout history, including ancient Israelite, Christian, Islamic, and African societies.
In ancient times, if a man died childless, it was common for his unmarried brother to marry the widow to provide an heir for the deceased. This custom is evident in the Bible, where Tamar, after being left childless by her husband Er's death, was married to her brother-in-law Onan, as instructed by her father-in-law, Judah. Another instance is found in the book of Ruth, where Ruth, after losing her husband, asked a relative of her late husband, Boaz, to marry her and preserve her late husband's land. While levirate marriage has fallen out of favor in modern Judaism, it is still considered a custom among certain African tribes, such as the Goula in the Central African Republic, the Mambila in Cameroon, and the Luo in Kenya.
In Islamic law (Sharia), while the Quran does not prohibit a man from marrying his brother's widow, it insists that the marriage be treated as a normal union with the wife's consent and a mahr (a payment made by the groom to the bride upon marriage).
In some African societies, levirate marriage was a way to ensure the continuation of the family line and preserve the clan structure, especially in patriarchal societies where women were dependent on men. This custom is less common today but is still practiced by certain tribes, such as the Yoruba, Igbo, and Hausa-Fulani. In these societies, a woman may marry her late husband's brother to enable her children to retain the father's family identity and inheritance.
In European literature, levirate marriage has been depicted in William Shakespeare's Hamlet, where Hamlet's paternal uncle, Claudius, marries his mother, Gertrude, after the death of Hamlet's father.
While levirate marriage was once illegal in many Western countries, it is no longer prohibited in all cases. However, social taboos surrounding the practice may still exist due to the perceived closeness of the relationship between in-laws and blood relatives.
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Frequently asked questions
It depends on where you live and the laws in that area. Levirate marriage, or marriage with a brother-in-law, has been practiced by societies with a strong clan structure and was common in ancient times. In the past, it was illegal in many places, but some countries have updated their laws to allow it. For example, in the UK, it was illegal in 1851, but this law was changed in 1921.
In societies where women are dependent on men, levirate marriage can serve as protection for the widow and her children, ensuring that they have a male provider and protector. It also ensures that any children from the second marriage are considered children of the deceased spouse, allowing them to retain their father's family identity and inheritance.
Yes, there are several examples of levirate marriage in popular culture. In William Shakespeare's Hamlet, Hamlet's paternal uncle Claudius marries his mother after the death of Hamlet's father. In the TV series Deadwood, Seth Bullock is married to his brother's widow.
