Levirate Marriage and the Family[ ]family in deciding whether to accept a levir. She may bargain with her
husband’s family; the family may offer the widow considerable finan-
cial incentives to remain with them. A Dukawa widow will presumably
agree to a levirate union only when she sees it as the most attractive of
her many options.
There are similarities and differences in the practice of levirate in
Africa. In all three of the communities discussed here, a woman may,
in theory, choose to enter into or avoid a levirate union and may select
which of her husband’s male relatives will be her partner. Remarriage
is not an option for Luo and Nandi women, but is an option for Dukawa
widows. Dukawa and Nandi widows have greater economic power than
Luo women. Du kawa women may a lso ret u r n to t hei r nata l fa m i l ies, u n-
like Luo and Nandi women.
Clearly, the possibility of remarriage, economic possibilities, and
residence options play a role in women’s decisions regarding levirate.
A Dukawa widow has many choices and may opt for levirate only when
it is made financially attractive; a Luo woman may choose a levirate
union despite its having no financial benefits, because she has few op-
tions. “Choice” is a subjective term here, since a woman’s choice will be
influenced by the range of options she has.
Studies of the options available to and choices made by African
widows indicate that levirate may be more attractive to widows under
some ci rcu msta nces t ha n ot hers. In t heor y, a w idow ’s opt ions m ig ht not
play into rabbinic levirate law, since women can be forced into levirate
u n ions aga i nst t hei r w i l l; t he choice to i n it iate or avoid lev i rate ma r r iage
is the levir’s alone.^34 However, a community that allows the remarriage
of widows might be less inclined to promote levirate, or force women
into levirate unions. Furthermore, as we shall see, the rabbis of the tal-
mudic period seem disinclined to force women into levirate marriages
despite the law affording a woman no choice. Instead, the rabbis appear
willing to take a woman’s preferences into consideration in carrying out
the law.^35
Inheritance
Laws of inheritance provide for the distribution of an individual’s prop-
erty after his or her death. Most societies have rules that govern inheri-