Cecily Zamora
Marrying one's brother-in-law is a topic that raises questions about legal, ethical, and cultural norms. While it may be uncommon and seen as taboo in some cultures, it is important to distinguish between a brother-in-law as the brother of one's spouse and a sibling-in-law as the spouse of one's sibling, which is prohibited by incest laws in many places. In the context of incest laws, marrying one's brother-in-law, who is a blood relative, is illegal in many jurisdictions due to health, ethical, and social reasons. However, marrying one's sibling-in-law, who is related by affinity and not blood, is generally acceptable and more common than one might think.
| Characteristics | Values |
|---|---|
| Marrying a brother-in-law in the US | Illegal due to incest laws |
| Marrying a brother-in-law in Texas | Illegal, may result in felony charges and prison time |
| Marrying a brother-in-law in California | Illegal, a case in 2020 involved a brother and sister arrested for attempting to marry |
| Marrying a brother-in-law in Islamic and Jewish law | Prohibited as incestuous unless the spouse is no longer married |
| Marrying a brother-in-law in the customs of the Yoruba, Igbo, Hausa-Fulani, Shona, and Nandi of Kenya | Allowed or expected |
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What You'll Learn
- In-laws are people you are related to by marriage, not blood
- Marrying your brother-in-law is prohibited in Islamic and Jewish law
- In some societies, widows marry their brothers-in-law for protection and provision
- In other societies, widows have a choice in the matter and may refuse
- In some cultures, it's common for people to marry their in-laws
In-laws are people you are related to by marriage, not blood
In-laws are people with whom you have a family relationship due to marriage, rather than by blood. A sibling-in-law, for example, 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 or sister-in-law.
In some cultures, it is acceptable, and even expected, to marry one's sibling-in-law. In the highlands of Kenya, for instance, it is customary for a widow to be "taken over" by a brother of her deceased husband. In some parts of Nigeria, it is common for a woman to marry her late husband's brother, especially if she had children with her late husband. This practice, known as levirate marriage, has been observed among several ethnic groups in Africa. Levirate marriage is also mentioned in the Bible, where a man has a non-obligatory duty to wed his deceased brother's childless widow so that she may have progeny by him.
However, in many places, marrying one's sibling-in-law is considered incestuous and prohibited by law. In the United States, for example, incest laws make it illegal to marry one's brother or any close blood relative. Texas has particularly strict incest laws, with severe penalties for those found guilty. While incest laws are widely known and enforced, there have been some high-profile cases in recent years that highlight the complexity of incest-related laws. For instance, in 2020, a brother and sister in California were arrested for attempting to marry each other after living together for several years.
It is important to note that in-law relationships are a type of kinship called affinity, which is distinct from blood relations. While the children of one's siblings are typically referred to as nieces and nephews, the children of one's siblings-in-law are also referred to as nieces and nephews, with the specification of "by marriage" to distinguish them from blood relations.
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Marrying your brother-in-law is prohibited in Islamic and Jewish law
In Islamic and Jewish law, there are specific prohibitions on whom one may and may not marry. While marrying one's brother-in-law is not explicitly mentioned in either religious tradition, there are certain circumstances under which it is prohibited or strongly discouraged.
In Judaism, the concept of levirate marriage (yibbum) is the obligation of a surviving brother to marry the widow of his childless brother to produce an heir and perpetuate the name of his dead brother. This practice is derived from Deuteronomy 25:5-6, which states: "If brothers dwell together, and one of them dies and has no son, the widow of the dead man shall not be married outside the family to a stranger. Her husband's brother shall go in to her and take her as his wife." However, this practice has fallen out of favor in modern Judaism. Additionally, the Talmud, which interprets Jewish law, states that a widow with children cannot marry her deceased husband's brother.
In Islam, there is no explicit prohibition on marrying one's brother-in-law. However, family relationships play a crucial role in marriage decisions. In some cases, families may disapprove of a marriage between a woman and her brother-in-law due to the potential for spoiling relationships between the families in the future. While Islamic law does not explicitly prohibit such marriages, it is believed that Allah has a master plan, and if a marriage is not meant to be, it will not happen.
Both Islamic and Jewish traditions have specific restrictions on marriage. In Judaism, a Kohen, a member of the priestly class, has strict marriage restrictions and cannot marry a divorced woman, a convert, or specific relatives. Similarly, in Islam, certain marriages are considered haram (prohibited), including incest and marrying one's sister-in-law. While brother-in-law marriages are not explicitly mentioned, the importance of familial consent and cultural norms may influence marriage decisions.
In conclusion, while there is no explicit prohibition on marrying one's brother-in-law in either Islamic or Jewish law, there are cultural, familial, and religious considerations that may discourage or prohibit such unions. Both traditions prioritize family harmony and adhere to divine will in their marriage practices, which can influence the acceptance or rejection of potential marriages.
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In some societies, widows marry their brothers-in-law for protection and provision
Marrying one's brother-in-law is illegal in the United States due to incest laws designed to protect public health, family structures, and prevent genetic disorders. These laws are in place to prevent marriages between individuals who are closely related by blood, such as between siblings. However, it is important to note that marrying one's brother-in-law is not considered incest if there is no blood relation involved. In some societies, the practice of a widow marrying her brother-in-law, known as levirate marriage, has been observed as a means of providing protection and provision for the widow.
Levirate marriage is rooted in ancient customs and is found in various cultural and religious contexts, including ancient Israelite society, Islamic traditions, and among certain ethnic groups in Africa. In ancient Israel, levirate marriage was codified in the Mosaic Law, which provided protections for widows to ensure they were not left destitute or without support. By requiring the brother-in-law to marry the widow, the law ensured that she would have a home, protection, and financial support. Additionally, this practice helped maintain the integrity of tribal and familial structures by preserving the deceased man's name, inheritance, and family lineage within the tribe.
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 additional mahr. In some Muslim societies, levirate marriage has been historically widespread and is deemed permissible by most scholars, especially with the consent of the widow.
Levirate marriage has also been observed among various ethnic groups in Africa, including the Shona people in Zimbabwe, the Goula in the Central African Republic, the Mambila in northern Cameroon, and the Maragoli and Nandi in Kenya. In these societies, the practice serves to protect the widow, preserve the family identity and inheritance, and maintain adherence to cultural norms regarding widows' sexual involvement only with close agnates of their late husbands.
While levirate marriage may provide a solution for widows' protection and provision in some societies, it is important to note that the practice has fallen out of favor in many places due to evolving societal perspectives and increased literacy among women and girls. Additionally, the improvement in genetic testing technologies has brought to light the potential risks of undisclosed familial relationships, further emphasizing the importance of maintaining legal safeguards against inappropriate relations.
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In other societies, widows have a choice in the matter and may refuse
The practice of marrying a brother-in-law is known as levirate marriage, which comes from the Latin word levir, meaning "husband's brother". While levirate marriage is no longer common in modern societies, it was historically practised in various cultures and religions, including ancient Israelite, Jewish, Islamic, and certain African societies.
In ancient societies, levirate marriage was practised to continue the family line and provide care for widows. If a man died without children, it was common for his unmarried brother to marry the widow and father a child. This child would then be considered the legal descendant of the deceased man, carrying on his name and inheritance. While it was once a customary duty, levirate marriage has since been modified or abolished in many societies due to changing attitudes and the recognition of women's rights.
In some societies, widows do have a choice in the matter and may refuse to enter a levirate marriage. For example, among the Savirs, a Hunnic tribe in Northeastern Caucasus, women had a high social status and could choose whether to remarry or not. Similarly, Islamic law requires the widow's consent for such a marriage and additional mahr, or dowry. In Zimbabwe, levirate marriage is practised among the Shona people, and both widows and widowers are usually given a choice in the matter.
However, refusing a levirate marriage can still lead to significant stigma, social exclusion, or financial hardship in some cultures. Levirate marriage is criticised for limiting a widow's freedom and violating her personal rights, especially if she is unable to refuse. With the rise of feminist movements and human rights advocacy, there is a growing belief that widows should have the right to decide if and whom to remarry, leading to a decline in the practice of levirate marriage.
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In some cultures, it's common for people to marry their in-laws
Marriage is a culturally and often legally recognised union between two people, known as spouses. While the definition of marriage varies between cultures and religions, it is nearly a cultural universal. In some cultures, it is common for people to marry their in-laws. For example, the Bible states that if your brother dies, you should marry your sister-in-law. Cousin marriage is also common in some societies, with more than 10% of marriages worldwide being between first or second cousins. In the Middle East and South Asia, cousin marriage is strongly favoured, and it was historically preferred by Europeans and Euro-Americans. In some cultures, cousin marriages are considered ideal and are actively encouraged.
However, in other cultures, cousin marriages are seen as incestuous and are subject to social stigma and taboo. In the United States, laws prevent marriage between first cousins, although there have been some high-profile cases of siblings attempting to marry. Incest laws in the US aim to prevent marriages between close blood relatives for legal, ethical, and health-related reasons, particularly to prevent genetic disorders. These laws vary by state but generally prohibit marriage between siblings. While incest laws are widely enforced, some recent cases and evolving societal perspectives highlight the ongoing importance of maintaining legal safeguards.
In some societies, marriage is compulsory before pursuing sexual activity, and it is nearly always a heterosexual union. In these cultures, women often internalise gender role stereotypes and conform to the role of "wife", "mother", and "caretaker". The cultural, economic, political, and legal supremacy of the husband is traditional in English law. However, some cultures require individuals to marry outside their kinship groups, and marriage is increasingly being used to ensure equal rights for women and end discrimination and harassment against interethnic, interracial, and same-sex couples.
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Frequently asked questions
No, it is illegal to marry your brother-in-law in the United States due to incest laws. These laws are designed to protect public health, family structures, and prevent genetic disorders.
A brother-in-law is the brother of your spouse or the spouse of your sibling.
Incest laws prohibit marriages between close blood relatives for legal, ethical, and health-related reasons. These laws vary by state but generally prohibit marriages between siblings.
In some cases, incest laws may not apply if there is no direct blood relation. For example, in the past, it was customary for a man to marry his deceased brother's widow in some cultures.
