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LEVIRATE (Lat. levir, a husband's bro...

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Originally appearing in Volume V16, Page 512 of the 1911 Encyclopedia Britannica.
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LEVIRATE (See also:Lat. levir, a See also:husband's See also:brother)  , a See also:custom, sometimes even a See also:law, compelling a dead See also:man's See also:brother to marry his widow . It seems to have been widespread in See also:primitive times, and is See also:common to-See also:day . Of the origin and primitive purpose of the See also:levirate See also:marriage various explanations have been put forward: 1 . It has been urged that the custom was primarily based on the law of See also:inheritance; a wife, regarded as a See also:chattel, being inherited like other possessions . The social See also:advantage of providing one who should maintain the widow doubtless aided the spread of the custom . The See also:abandonment of a woman and her See also:children in the nomadic See also:stage of See also:civilization would be See also:equivalent to See also:death for them; hence with some peoples the levirate became a See also:duty rather than a right . Among the Thlinkets, for example, when a man See also:dies, his brother or his See also:sister's son must marry the widow, a failure in this duty occasioning feuds . The See also:obligation on a man to provide for his sister-in-law is analogous to other duties devolving on kinsfolk, such as the See also:vendetta . 2 . J . F . McLennan, however, would assume the levirate to be a relic of See also:polyandry, and in his See also:argument See also:lays much stress on the fact that it is the dead man's brother who inherits the widow .

But among many races who follow the custom, such as the Fijians, Samoans, See also:

Papuans of New See also:Guinea, the See also:Caroline Islanders, and some tribes in the interior of Western See also:Equatorial See also:Africa, the See also:rule of inheritance is to the brother first . Thus among the See also:Santals, " when the See also:elder brother dies, the next younger inherits the widow, children and all the See also:property." Further, there is no known See also:race where it is permitted to a son to marry his own See also:mother . Inheriting a woman in primitive See also:societies would be always tantamount to marrying her, and, apart from any See also:special See also:laws of inheritance, it would be natural for the brother to take over the widow . In polygamous countries where a man leaves many widows the son would have a right of ownership over these, and could dispose of them or keep them as he pleased, his own mother alone excepted . Thus among the See also:Bakalai, an See also:African tribe, widows may marry the son of their dead See also:husband, or in See also:default of a son, can live with the brother . The Negroes of See also:Benin and the See also:Gabun and the See also:Kaffirs of See also:Natal have similar customs . In New See also:Caledonia every man, married or single, must immediately marry his brother's widow . In See also:Polynesia the levirate has the force of law, and it is common throughout See also:America and See also:Asia . 3 . Another explanation of the custom has been sought in a semi-religious See also:motive which has had extraordinary See also:influence in countries where to See also:die without issue is regarded as a terrible calamity . The fear of this See also:catastrophe would readily arise among See also:people who did not believe in See also:personal See also:immortality, and to whom the extinction of their See also:line would be tantamount to annihilation . Or it is easily conceivable as a natural result of ancestor-See also:worship, under which failure of offspring entailed deprivation of cherished See also:rites and service.' Thus it is only when the dead man has no offspring that the Jewish, See also:Hindu and Malagasy laws prescribe that the brother shall " raise up See also:seed " to him .

In this sense the levirate forms See also:

part of the Deuteronomic See also:Code, under which, however, the obligation is restricted to the brother who " dwelleth together " (i.e. on the See also:family See also:estate) with the dead man, and the first See also:child only of the levirate marriage is regarded as that of the dead man . That the custom was obsolescent seems proved by the enjoining of ceremony on any brother who wished to evade the duty, though he had to submit to an insult from his sister-in-law, who draws off his See also:sandal and spits in his See also:face . The biblical See also:story of See also:Ruth exemplifies the custom, though with further modifications (see RUTH, See also:BOOK oF) . Finally the custom is forbidden in See also:Leviticus, though in New Testament times the levirate law was still observed by some See also:Jews . The ceremony ordained by See also:Deuteronomy is still observed among the orthodox . Among the See also:Hindus the levir did not take his brother's widow as wife, but he had intercourse with her . This practice was called niyoga . 4 . Yet another suggested origin of the levirate is agrarian, the motive being to keep together under the levirate husband the ' An expression of this See also:idea is quoted from the Mahabharata (See also:Muir's trans.), by Max See also:Miller (See also:Gifford Lectures), Anthropological See also:Religion, p . 31 That stage completed, seek a wife And gain the See also:fruit of wedded See also:life, A race of sons, by rites to See also:seal, When See also:thou See also:art gone, thy spirit's weal." property which would otherwise have been divided among all the I allowed their See also:share of the offerings (Dent. xviii . 6-8) ? The See also:brothers or next of See also:kin .

Deuteronomic See also:

history of the See also:monarchy actually ascribes to the See J . F . McLennan, Studies in See also:Ancient History (See also:London, 1886) Judaean See also:king See also:Josiah (621 B.C.) the suppression of the high-places, and " The Levitate and Polyandry,' in The Fortnightly See also:Review, n.s. and states that the See also:local priests were brought to See also:Jerusalem and vol. xxi . (1877); C . N . Starcke, The Primitive Family in its Origin received support, but did not See also:minister at the See also:altar (2 See also:Kings and Development (London, 1889) ; See also:Edward Westermarck, History See also:xxiii . Final' See also:scheme of See also:ritual for the second See also:temple raises of Human Marriage (London, 1894), pp . 510-514, where are valuable 9)• y, a notes containing references to numerous books of travel; H . See also:Spencer, this exclusion to the See also:rank of a principle . The See also:Levites who had Principles of See also:Sociology, ii . 649; A . H .

See also:

Post, Einleitung in das been idolatrous are punished by exclusion from the proper See also:Stud. d . Ethnolog . Jurisprud .

End of Article: LEVIRATE (Lat. levir, a husband's brother)
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