Levirate marriage is a type of marriage in which the brother of a deceased man is obliged to marry his brother's widow. Levirate marriage has been practiced by societies with a strong clan structure in which exogamous marriage (i.e. marriage outside the clan) is forbidden.

Etymology

The term ''levirate'' is derived from the Latin ''lēvir'', meaning "husband's brother;" it is unrelated to Leviticus or Levite.

Background and rationale

Levirate marriage can, at its most positive, serve as protection for the widow and her children, ensuring that they have a male provider and protector. Levirate marriage can be a positive in a society where women must rely on men to provide for them, especially in societies where women are under the authority of, dependent on, in servitude to or regarded as possessions of their husbands, and to ensure the survival of the clan. The practice of levirate marriage is strongly associated with patriarchal societies. The practice was extremely important in ancient times (e.g., Ancient Near East), and remains so today in parts of the world. Having children enables the inheritance of land, which offers security and status. A levirate marriage might only occur if a man died childless, in order to continue his family line. The anthropologist Ruth Mace also found that the practice of widow inheritance by younger brothers, common in many parts of

Africa Africa is the world's second-largest and second-most populous continent after Asia. At about 30.3 million km2 (11.7 million square miles) including adjacent islands, it covers 20% of Earth's land area and 6% of its total surfac ...

, serves to reduce population growth, as these men will be forced to marry older (and hence, less fertile) women.

Judaism

In the

Hebrew Bible The Hebrew Bible or Tanakh (;"Tanach"
. '' yibbum'', is mentioned in , under which the brother of a man who dies without children is permitted and encouraged to marry the widow. Either of the parties may refuse to go through with the marriage, but then both must go through a ceremony, known as '' halizah'', involving a symbolic act of renunciation of a ''yibbum'' marriage. Sexual relations with one's brother's wife are otherwise forbidden by Leviticus 18 and Leviticus 20. Jewish custom has seen a gradual decline of ''yibbum'' in favor of ''halizah'', to the point where in most contemporary Jewish communities, and in Israel by mandate of the Chief Rabbinate, ''yibbum'' is prohibited. This started already in time of

Mishnah The Mishnah or the Mishna (; , from the verb ''šānā'', "to study and review", also "secondary") is the first written collection of the Jewish oral traditions that are known as the Oral Torah. Having been collected in the 3rd century CE, it is ...

, "The opinion of Abba Shaul, who said, 'The

mitzvah In its primary meaning, the Hebrew language, Hebrew word (; , ''mīṣvā'' , plural ''mīṣvōt'' ; "commandment") refers to a commandment Divine law, from God to be performed as a religious duty. Jewish law () in large part consists of disc ...

of ḥalitza takes precedence over the mitzvah of levirate marriage'" (Yevamot 3a). "Now that they do not have intent for the sake of fulfilling the mitzvah, the Sages say, The mitzvah of performing ḥalitza takes precedence over the mitzvah of consummating the levirate marriage" (

Babylonian Talmud The Talmud (; ) is the central text of Rabbinic Judaism and the primary source of Jewish religious law (''halakha'') and Jewish theology. Until the advent of modernity, in nearly all Jewish communities, the Talmud was the centerpiece of Jewi ...

, ''Yevamot'' 39b). In

Yemen Yemen, officially the Republic of Yemen, is a country in West Asia. Located in South Arabia, southern Arabia, it borders Saudi Arabia to Saudi Arabia–Yemen border, the north, Oman to Oman–Yemen border, the northeast, the south-eastern part ...

, however, the practice of Levirate marriage was observed by the Jewish community there until their immigration to the Land of Israel. In 1950, the Rabbinate of Israel, along with the Chief Sephardic Rabbi, forbade its practice amongst the Yemenites, citing a need for "uniformity amongst the Jewish groups," and only permitted those who were already married through levirate marriage from outside the country.

Islam

Islamic law (''sharia'') clearly lays down rules for marriage, including who may marry whom, and although the

Quran The Quran, also Romanization, romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a Waḥy, revelation directly from God in Islam, God (''Allah, Allāh''). It is organized in 114 chapters (, ) which ...

does not prohibit a man from marrying his brother's widow, it does insist that if it were to be done, it should be treated as a normal marriage with the wife's consent and additional '' mahr''. While not being an Islamic tradition in and of itself, it has historically been widespread in the muslim world and is deemed permissible, with the consent of the wife, by most Muslim scholars, and is even recommended, depending on the circumstance, by some. It has recently come under strict scrutiny in some parts of the world like

Afghanistan Afghanistan, officially the Islamic Emirate of Afghanistan, is a landlocked country located at the crossroads of Central Asia and South Asia. It is bordered by Pakistan to the Durand Line, east and south, Iran to the Afghanistan–Iran borde ...

, under the

Taliban , leader1_title = Supreme Leader of Afghanistan, Supreme leaders , leader1_name = {{indented plainlist, * Mullah Omar{{Natural Causes{{nbsp(1994–2013) * Akhtar Mansour{{Assassinated (2015–2016) * Hibatullah Akhundzada (2016–present) ...

Eurasia

Scythia

The levirate custom was revived in Scythia if there were shaky economic conditions in the decedent's family. Khazanov, citing bramzon, 1968, p. 289 - 290 mentions that during

World War II World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...

, the levirate was resurrected in Central Asia. In these circumstances, adult sons and brothers of the deceased man held themselves responsible to provide for his dependents. One of them would marry the widow and adopt her children, if there were any.

Central Asia and Xiongnu

The levirate custom survived in the society of Northeastern Caucasus

Huns The Huns were a nomadic people who lived in Central Asia, the Caucasus, and Eastern Europe between the 4th and 6th centuries AD. According to European tradition, they were first reported living east of the Volga River, in an area that was par ...

until the 7th century CE. The

Armenia Armenia, officially the Republic of Armenia, is a landlocked country in the Armenian Highlands of West Asia. It is a part of the Caucasus region and is bordered by Turkey to the west, Georgia (country), Georgia to the north and Azerbaijan to ...

n historian Movses Kalankatuatsi states that the Savirs, one of Hunnish tribes in the area, were usually monogamous, but sometimes a married man would take his brother's widow as a polygynous wife. Ludmila Gmyrya, a Dagestani historian, asserts that the levirate survived into " ethnographic modernity" (from the context, probably 1950s). Kalankatuatsi describes the form of levirate marriage practised by the Huns. As women had a high social status, the widow had a choice whether to remarry or not. Her new husband might be a brother or a son (by another woman) of her first husband, so she could end up marrying her brother-in-law or stepson; the difference in age did not matter. Hungarians also practiced levirate marriages. Koppány's rebellion against the Christian king Stephen I and claim to marry Sarolt, the widow of his relative Géza, was qualified as an incestuous attempt by 14th-century Hungarian chronicles, but was fully in line with the pagan custom.

India

In 2017, the Indian Army removed a rule which restricted payment of monetary allowances to widows of gallantry awardees if she marries someone other than the late husband's brother. Previously, the payment of an allowance was continued until her death or until she re-married, unless the new husband was the late husband's brother. The most famous instance of levirate marriage in India was the wedding of the Panchala princess

Draupadi Draupadi (), also referred to as Krishnā, Panchali and Yajnaseni, is the central heroine of the Indian epic poetry, ancient Indian epic ''Mahabharata''. In the epic, she is the princess of Panchala Kingdom, who later becomes the empress of K ...

to the five Pandava brothers. It is a main plot point of the epic '' Mahabharata'', though heavily discussed in the text as being controversial. (

Polygamy Polygamy (from Late Greek , "state of marriage to many spouses") is the practice of marriage, marrying multiple spouses. When a man is married to more than one wife at the same time, it is called polygyny. When a woman is married to more tha ...

, however, was common at the time.)

Indonesia

According to the '' adat'' (customary practice) of the Karo people in

North Sumatra North Sumatra () is a Provinces of Indonesia, province of Indonesia located in the northern part of the island of Sumatra. Its capital and largest city is Medan on the east coast of the island. It borders Aceh to the northwest, Riau to the sou ...

, Indonesia, polygyny is permitted. A study of Kutagamber, a Karo village in the 1960s, noted one instance of the practice, as a result of levirate. The Indonesian term for it is "''turun ranjang''" (lit.: get down off one's bed).

Japan

The Japanese had a custom of levirate marriage called ''aniyome ni naosu'' (兄嫁に直す) during the

Meiji period The was an era of Japanese history that extended from October 23, 1868, to July 30, 1912. The Meiji era was the first half of the Empire of Japan, when the Japanese people moved from being an isolated feudal society at risk of colonizatio ...

Kurds

Levirate marriages among the

Kurds Kurds (), or the Kurdish people, are an Iranian peoples, Iranic ethnic group from West Asia. They are indigenous to Kurdistan, which is a geographic region spanning southeastern Turkey, northwestern Iran, northern Iraq, and northeastern Syri ...

are very common and also among the

Kurds in Turkey The Kurds are the largest ethnic minority in Turkey. According to various estimates, they compose between 15% and 20% of the population of Turkey.; ; Sandra Mackey , "The reckoning: Iraq and the legacy of Saddam", W.W. Norton and Company, 200 ...

, especially in Mardin. Levirate is practised in

Kurdistan Kurdistan (, ; ), or Greater Kurdistan, is a roughly defined geo- cultural region in West Asia wherein the Kurds form a prominent majority population and the Kurdish culture, languages, and national identity have historically been based. G ...

: a widowed woman stays with her husband's family. If she is widowed when her children are young, she is obliged to marry her deceased husband's brother. This form of marriage is called levirate. Sororate marriage is another custom: When a man loses his wife before she bears a child or she dies leaving young children, her lineage provides another wife to the man, usually a younger sister with a lowered bride price. Both levirate and sororate are practiced to guarantee the well being of children and ensure that any inheritance of land will stay within the family.

Kyrgyz

"The

Kyrgyz people The Kyrgyz people (also spelled Kyrghyz, Kirgiz, and Kirghiz; or ) are a Turkic peoples, Turkic ethnic group native to Central Asia. They primarily reside in Kyrgyzstan, Uzbekistan, and China. A Kyrgyz diaspora is also found in Russia, Tajik ...

practice levirate whereby the wife of a deceased male is very often married by a younger sibling of the deceased." "Kirghiz ... followed levirate marriage customs, i.e., a widow who had borne at least one child was entitled to a husband from the same lineage as her deceased spouse."

Korea

The Korean kingdom of

Goguryeo Goguryeo (37 BC – 668 AD) (; ; Old Korean: Guryeo) also later known as Goryeo (; ; Middle Korean: 고ᇢ롕〮, ''kwòwlyéy''), was a Korean kingdom which was located on the northern and central parts of the Korea, Korean Peninsula an ...

also had a custom of levirate marriage. An example of this was king Sansang of Goguryeo marrying the queen of

Gogukcheon of Goguryeo King Gogukcheon ( died 197, r. 179–197) was the ninth monarch of Goguryeo, one of the Three Kingdoms of Korea. According to Samguk sagi, King Gogukcheon's height was recorded as 9 chi. Family *Father: King Sindae () *Consort: ''Queen'', o ...

, who was his older brother's wife.Pae-yong Yi, 《Women in Korean History 한국 역사 속의 여성들》, Ewha Womans University Press, 2008. , pp.122-123

Manchu

The existence of levirate marriage is supported by the case of Korean Princess Uisun who was brought to the Later Jin dynasty to marry the

Manchu The Manchus (; ) are a Tungusic peoples, Tungusic East Asian people, East Asian ethnic group native to Manchuria in Northeast Asia. They are an officially recognized Ethnic minorities in China, ethnic minority in China and the people from wh ...

prince Dorgon and married his nephew after he died.Veritable Records of Shunzhi
""

Africa

Central African Republic

Levirate marriage is commonly practiced among Goula who mostly live in northern part of

Central African Republic The Central African Republic (CAR) is a landlocked country in Central Africa. It is bordered by Chad to Central African Republic–Chad border, the north, Sudan to Central African Republic–Sudan border, the northeast, South Sudan to Central ...

Cameroon

Among the Mambila of northern

Cameroon Cameroon, officially the Republic of Cameroon, is a country in Central Africa. It shares boundaries with Nigeria to the west and north, Chad to the northeast, the Central African Republic to the east, and Equatorial Guinea, Gabon, and the R ...

, in regard to "Inheritance of wives: both levirates are practised throughout the tribe".

Kenya

As among the Maragoli of western

Kenya Kenya, officially the Republic of Kenya, is a country located in East Africa. With an estimated population of more than 52.4 million as of mid-2024, Kenya is the 27th-most-populous country in the world and the 7th most populous in Africa. ...

, likewise "in the Luo case widows become mostly remarried to the deceased husband's brother". In the highlands of Kenya, it is " Nandi custom for a widow to be 'taken over' ... by a brother ... of her deceased husband." "According to customary law, it is tantamount to adultery for a widow to be sexually involved with a man other than a close agnate of her late husband."

Nigeria

In some parts of

Nigeria Nigeria, officially the Federal Republic of Nigeria, is a country in West Africa. It is situated between the Sahel to the north and the Gulf of Guinea in the Atlantic Ocean to the south. It covers an area of . With Demographics of Nigeria, ...

, it is a common practice for a woman to marry her late husband's brother if she had children. This enabled the children to retain the father's family identity and inheritance. Although less common today, it is still practiced:

Somalia

Somalia Somalia, officially the Federal Republic of Somalia, is the easternmost country in continental Africa. The country is located in the Horn of Africa and is bordered by Ethiopia to the west, Djibouti to the northwest, Kenya to the southwest, th ...

, levirate marriage is practiced and is called ''Dumaal'', and provisions are made under Somali customary law or '' Xeer'' with regard to bride price (''yarad''). The widow is usually given a choice in the matter. In the past few decades since the start of the Somali Civil War, this type of marriage has fallen out of favor due to strict Islamic interpretations that have been imported to Somalia.

South Sudan

Levirate marriages are very common among South Sudan's Nilotic peoples, especially among the Dinka and Nuer people. An alternate form, the ghost marriage, occurs when a

groom A bridegroom (often shortened to groom) is a man who is about to be married or who is newlywed. When marrying, the bridegroom's future spouse is usually referred to as the bride. A bridegroom is typically attended by a best man and Groomsman, ...

dies before marriage. The deceased groom is replaced by his brother who serves as a stand in to the bride; any resulting children are considered children of the deceased spouse.

Zimbabwe

Zimbabwe file:Zimbabwe, relief map.jpg, upright=1.22, Zimbabwe, relief map Zimbabwe, officially the Republic of Zimbabwe, is a landlocked country in Southeast Africa, between the Zambezi and Limpopo Rivers, bordered by South Africa to the south, Bots ...

, levirate marriage is practiced amongst the Shona people, and provisions are made under Zimbabwe customary law, with regard to bride price (''roora''). The widow is usually given a choice in the matter, as well as the widower. In the past few decades, this type of marriage has fallen out of favor due to increased rural-to urban migration as well as improved literacy for women and girls.

Americas

Pre-colonial Inca civilization

Spanish chronicler,

Juan de Betanzos ''Juan'' is a given name, the Spanish and Manx versions of '' John''. The name is of Hebrew origin and has the meaning "God has been gracious." It is very common in Spain and in other Spanish-speaking countries around the world and in the Phili ...

, described the practice of levirate marriage which he saw observed in Peru in the early 16th-century by the people ruled by the Inca: "If the first husband of a woman died and the woman wanted to marry, she would be married to the closest relative of her husband. If children remained from her first husband, she should rear them as her own. If the first husband left no children, the second should be from the same lineage and the lineage would continue and the blood of those of Cuzco would not be mixed with that of some other nation or disappear."

In popular culture

Levirate marriages serve as a plot-element in various works of fiction: * In William Shakespeare's iconic play

Hamlet ''The Tragedy of Hamlet, Prince of Denmark'', often shortened to ''Hamlet'' (), is a Shakespearean tragedy, tragedy written by William Shakespeare sometime between 1599 and 1601. It is Shakespeare's longest play. Set in Denmark, the play (the ...

, the titular character's paternal uncle;

Claudius Tiberius Claudius Caesar Augustus Germanicus ( ; ; 1 August 10 BC – 13 October AD 54), or Claudius, was a Roman emperor, ruling from AD 41 to 54. A member of the Julio-Claudian dynasty, Claudius was born to Nero Claudius Drusus, Drusus and Ant ...

, marries his mother, after the death of Hamlet's father. It is later revealed by the late king's ghost that Claudius murdered his brother, in order to seize the throne and marry his sister-in-law. * The plot of ''Holy Matrimony'' (1994) is based on a levirate marriage, but the real-life Hutterites don't have such custom. * In the TV series ''Deadwood'', Seth Bullock is married to his brother's widow. This is a plot point used to mitigate guilt in the adulterous affair between Alma (another widow), and Seth (2005). List of Deadwood characters#Martha Bullock * In the Tamil novel '' Arukattuthurai'' (2006), Aruldas, (younger brother of Samuel) marries his sister-in-law Samuthiravalli, nearly three years after Samuel goes missing. * In ''

A Song of Ice and Fire ''A Song of Ice and Fire'' is a series of high fantasy novels by the American author George R. R. Martin. Martin began writing the first volume, ''A Game of Thrones'', in 1991, and published it in 1996. Martin, who originally envisioned the ser ...

'', Lord Eddard Stark marries his brother Brandon's betrothed, Catelyn Tully after the death of Brandon. * In ''Hell on Wheels'' (2011–2016), it makes mention of Eva's late husband Gregory Toole having killed himself, his brother having tradition to marry her as his brother's widow.

References

{{Authority control Traditions involving siblings Widow inheritance