Levirate Marriage and the Family in Ancient Judaism

(Darren Dugan) #1
The Institution of Levirate

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The Dukawa of Nigeria are patrilineal and patrilocal. Dukawa are
generally monogamous, although polygyny is acceptable. Divorce is un-
common and regarded as undesirable. The Dukawa are endogamous;
they marry only within the Dukawa community, and marriage is seen
as an ethnic marker.
Ma r r iage i s of ten ef fec ted t h roug h br ide-ser v ice t hat may st retch over
a long per iod of t i me. W h i le t he br ide-ser v ice is per for med, t he ma n a nd
woman are regarded as husband and wife, although they are not for-
mally married. They will engage in sexual intercourse and may have a
child. Sexual compatibility is considered important in Dukawa society;
a woman must consent to her marriage and may reject a prospective
husband if she finds him sexually unattractive. A wife acquired through
bride-service has high status among the Dukawa.^31
The death of a husband, during or after the period of bride-service,
leaves a Dukawa widow with a variety of options. She may return to her
natal family, where she is welcome. While her father would support her,
a Dukawa woman is capable of supporting herself. If the bride-service
was not completed, children of the union are part of her natal family. If
the bride-service was completed, she may take her unweaned children
with her; while they are legally part of their father’s lineage, they may
not return to their father’s family when they are older. Older children
must be left with their father’s family.
It is the duty of a Dukawa brother-in-law to offer his widowed sis-
ter-in-law a levirate union. The levir incurs financial responsibilities to
the widow and her children; the children of the union are accounted to
the deceased’s lineage.^32 The widow may accept or refuse the offer. A
Dukawa widow has options other than a levirate union. She may return
to her family of origin. She may marry any man she wishes. A Dukawa
widow for whom bride-service was performed is considered a particu-
larly desirable wife. Her children will be considered the children of her
first husband; a subsequent husband may obtain rights to his biological
children by performing bride-service for her first husband’s family.^33
According to Salamone, it is often the husband’s family that en-
courages a widow to opt for a levirate union. The union guarantees the
retention of the children of unions not yet sealed by the completion
of bride-service and those still unweaned. A widow may consider her
relationships with her prospective levir and her husband’s extended

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