The Institution of Levirate[ ]In Chapters and , we will see that rabbinic levirate law is charac-
terized by the assignment of paternity to the levir rather than to the de-
ceased. This characteristic distinguishes rabbinic levirate from levirate
as practiced by most cultures. It also raises questions about the aim of
levirate in rabbinic law, as this undermines the goals of levirate stated
in the Hebrew Bible.
Conclusions
Levirate is widespread in traditional societies. The practice of levirate
correlates with other features that help shape marriage systems; it is
common in societies that are patrilineal, patrilocal, and patriarchal.
Levirate may be practiced in a primarily monogamous culture, but it is
more likely to operate in a polygynous society.
The practice of levirate varies from culture to culture. In some societ-
ies levirate is practiced only when a man dies without a male child, while
in others women enter into levirate unions even when their husband is
survived by sons. The choice to enter into a levirate union may be made
by the levir or by the widow.
The role levirate plays in a marriage system also varies from com-
munity to community. In some cases, levirate appears to benefit the
widow, who may gain a sexual partner and economic assistance in rais-
ing her children. In other cases, particularly when a man dies without
children, levirate can be seen as benefiting the deceased, who, through
the agency of his brother, is able to father sons from the grave. Even in
such a situation, one can argue that levirate benefits the widow insofar
as her place in a traditional societ y is enhanced by motherhood. Hav ing
sons may also ensure financial support for a widow.
Levirate unions are not necessarily beneficial to the levir, the man
who takes over his kinsman’s widow. In most societies, the children of
a levirate union are accounted to the lineage of the deceased; the le-
vir has no social or economic claim to the children he fathers on the
widow. Ironically, if the levir does not father children with his own wife
or wives, he could find himself without heirs despite having sired chil-
dren with his brother’s widow. As Wendy Doniger points out, levirate
ma r r iage may a lso place emot iona l st ress on a brot her, a s it requ i res h i m
to marry or have intercourse with a woman he previously regarded as
forbidden.^58