The Institution of Levirate[ ]when she marries and goes to live with her husband’s family; she cannot
return to her family of origin unless the bride-wealth is returned.^24
Potash argues that levirate unions are not forced on Luo widows;
a widow may choose to enter or avoid a levirate union, and she may
choose which of her husband’s kinsmen will act as her levir.^25 Nonethe-
less, most Luo widows choose to enter a levirate union. The preference
for a levirate union may reflect a number of considerations. Women hold
land rights, the right to farm a plot of land, only through their husbands.
A widow has no right to take her children with her if she leaves her hus-
band’s home; they are part of their father’s lineage and are expected to
remain with his family. Returning to one’s natal family is not an attrac-
tive option for a widow and holds no promise of economic opportunity.
Remarriage is not an option for Luo women, nor is it considered appro-
priate to take a lover outside of a levirate relationship. For childless wid-
ows, a levirate union is also a way to obtain children, and a Luo woman
needs sons to support her in her old age.^26
Among the Luo, the levir is usually a married man, often with chil-
dren of his own. The widow and the levir generally do not live together;
neither has social or financial obligations to the other. The levirate
union may be temporary or even a pure formality. The children of the
widow and the levir belong to the lineage of the deceased; the levir has
no financial obligations to them. A man may serve as the guardian of
his deceased brother’s property while the latter’s children are minors,
but the widow farms her husband’s land and may manage the property
as well.^27
What, then, is the purpose of levirate among the Luo? The primary
benefit to the widow is sexual; a levirate union is the only socially ap-
proved sexual relationship available to her. A secondary benefit to a
childless widow would be the possibility of children, although the le-
vir’s lack of obligation to provide support could leave a widow with the
financial burden of supporting her children alone. There is no economic
benefit to the levir, although he may occasionally receive some minor
financial gain when the children of the levirate union marry. In some
cases, an older childless man might take a young bride, knowing that
even after his death she will provide children for his lineage. Overall,
it seems that levirate unions are a way to provide a licit sexual outlet
for pre-menopausal widows. The husband’s family has no incentive to