Levirate marriage

Levirate marriage is a custom where a man is required to marry his deceased brother's widow. This practice appears in societies with strong clan systems that forbid marrying outside the clan. The word "levirate" comes from the Latin *lēvir*, meaning "husband's brother," and has no connection to Leviticus or the Levites.

At its best, levirate marriage can protect a widow and her children by ensuring they have a male provider. It is often found in patriarchal societies where women depend on men for support, are under male authority, or are considered property. The practice helps preserve the clan and was especially important in ancient times, such as in the Ancient Near East, and continues in parts of the world today. Having children through such a marriage allows for land inheritance, which brings security and status. A levirate marriage might only take place if the deceased man died without children, to continue his family line. Anthropologist Ruth Mace also noted that in parts of Africa, where younger brothers inherit widows, this practice can lower population growth because these men then marry older, less fertile women.

In Judaism, a form of levirate marriage called *yibbum* appears in Deuteronomy 25:5–10. It permits and encourages a brother to marry his childless brother's widow. Either party can refuse, but then both must undergo *halizah*, a ceremony renouncing the marriage. Sexual relations with a brother's wife are otherwise forbidden in Leviticus 18 and 20. Over time, Jewish custom shifted from *yibbum* to *halizah*. Today, most Jewish communities, and Israel by order of the Chief Rabbinate, prohibit *yibbum*. This trend began in the Mishnah, with Abba Shaul stating that *halizah* takes precedence over levirate marriage. The Babylonian Talmud later said that since people no longer have the proper intent for fulfilling the commandment, *halizah* is preferred. However, the Jewish community in Yemen practiced levirate marriage until they immigrated to Israel. In 1950, the Israeli Rabbinate and the Chief Sephardic Rabbi banned it among Yemenites, citing a need for uniformity, and only permitted those already married through levirate marriage from outside the country.

In Islam, Sharia law sets rules for marriage, including who can marry whom. The Quran does not forbid a man from marrying his brother's widow, but insists it be treated as a normal marriage, requiring the wife's consent and an additional *mahr*. The Quran says, "O you who have believed, it is not lawful for you to inherit women by compulsion. And do not make difficulties for them in order to take [back] part of what you gave them unless they commit a clear immorality. And live with them in kindness." While not an Islamic tradition itself, levirate marriage has been widespread in the Muslim world. Most scholars deem it permissible with the wife's consent, and some even recommend it depending on the situation. It has recently faced strict scrutiny in places like Afghanistan under the Taliban.

In Eurasia, the levirate custom was revived in Scythia when a family faced shaky economic conditions. During World War II, it was resurrected in Central Asia, where adult sons and brothers of the deceased felt responsible for his dependents. One would marry the widow and adopt her children if any. Among the Northeastern Caucasus Huns, the custom survived until the 7th century CE. The Armenian historian Movses Kalankatuatsi noted that the Savirs, a Hunnish tribe, were usually monogamous but sometimes a man would take his brother's widow as a polygynous wife. Dagestani historian Ludmila Gmyrya claims the practice survived into the 1950s. Kalankatuatsi described that among the Huns, women had high social status, so a widow could choose whether to remarry. Her new husband could be a brother or even a stepson, with age difference not mattering. Hungarians also practiced levirate marriage. Koppány's rebellion against King Stephen I, which included a claim to marry Sarolt, the widow of his relative Géza, was seen as incestuous by 14th-century chronicles but was in line with pagan custom.

In India, in 2017, the Indian Army removed a rule that restricted monetary allowances for widows of gallantry awardees if she married someone other than her late husband's brother. Previously, the allowance continued until her death or remarriage, unless the new husband was the brother.