Levirate Marriage and the Family in Ancient Judaism

(Darren Dugan) #1
The Institution of Levirate

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In some patrilocal societies, a woman whose husband dies returns
to her family of origin. In many cases, however, a widow would have to
return without her children; in a patrilineal society, the children are as-
signed to the husband’s lineage and remain with his family. A distinc-
tion might be made between sons and daughters, with the latter free to
accompany their mother. A woman might be permitted to retain young
children until they are weaned. In some cases, women have no right to
return to their natal families if they are widowed or divorced; marriage
t ra nsfers a woma n f rom her fa m i ly of or ig i n to her husba nd’s fa m i ly, a nd
that transfer is absolute and permanent.
One option available to a widow is remarriage. Depending on the wom-
an’s age, fertility, and financial situation, she may marry a man who has
never been married or a man who has been divorced or widowed. In some
communities, a widow is not considered an appropriate wife for a never-
married man. In a polygynous society, a widow might be more likely to
become a second or third wife than the first wife of a never-married man.
Remarriage of a widow may be tied to the concerns of her husband’s
family. A man’s family might encourage his widow to remarry if they
no longer wish to support her or have her in the house. In certain situa-
tions, a man’s parents might encourage their widowed daughter-in-law
to remarry and bring her husband to their home to act as their son. A
widow with children might be discouraged from remarrying to ensure
that she will devote herself to raising her children. In some cultures, re-
marriage is seen as disrespectful toward the deceased husband; some
widows are encouraged to withdraw from society and even to go into
perpetual mourning.
Finances play a role in determining whether remarriage is desirable.
In societies in which women receive no inheritance or dowry, a widow
is left with no resources. If she has children, she might remain in her
husband’s home and be supported by her children. She is unlikely to be
sought in marriage by a man who would have to pay bride-wealth; such
a man (and his family) would seek out a woman who has never been
married. While the institution of the dowry ensures that a widow has
funds, her husband’s heirs are often reluctant to pay out the dowry. In
t he event t hat a w idow does not rema rr y, her children inherit her dow r y.
Some families encourage widows not to remarry to protect their chil-
dren’s inheritance or to avoid returning her dowry.

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