The Institution of Levirate[ ]While there are characteristics associated with all or most levirate
unions, these unions vary from one society to another. In some cul-
tures, levirate is mandatory; in others, levirate may be encouraged but
not obligatory. In some communities, a man has the right to insist on a
levirate union despite the objections of the widow; in other communi-
ties, it is the widow who may insist that her husband’s kin provide her
with a levir or who may choose not to request or consent to a levirate
union. A levirate union may be a permanent arrangement, ending only
with the death of the widow or the levir, but some levirate unions are
temporary. In some cases, the widow and the levir establish a household
together; in others, the widow may remain in her deceased husband’s
home while the levir visits. Levirate unions may be mandated for all
widows, for widows of childbearing age, or only for the widows of men
who die childless.
Against the backdrop of this information, rabbinic Judaism can be
seen as employing levirate only in limited situations. Levirate is man-
dated only when the deceased left no children. Levirate can occur only
when the deceased left a brother; no other male relative can serve as a
levir. At the same time, levirate is a permanent union in Judaism and is
entered into with the expectation that the couple will live together and
that the man will have financial obligations toward the woman and the
children born to the union. Again, information about levirate in other
cultures may help us evaluate the ways in which rabbinic constructs of
levirate are rooted in biblical law and the ways in which the rabbis may
have reshaped older traditions, particularly given the paucity of infor-
mation about levirate in the Hebrew Bible.
Levirate and Marriage Systems
Levirate is a widespread practice in traditional societies. Anthropologi-
cal studies have recorded the use of levirate among peoples in North and
South America, parts of Asia, Australia, Africa, and the Middle East.^15 So-
cieties that employ levirate tend to have a number of common features.^16
While a culture may practice levirate without exhibiting all of these
cha racteristics, it is unlikely t hat it w ill ex hibit few or none of t hem. Fur-
thermore, most cultures that exhibit all or most of these characteristics
will practice levirate. Levirate reflects and promotes concerns that are
also reflected in the characteristics described below.