The Evolution of Marriage and of the FamilyLetourneau, Ch. (Charles)
Science
The Evolution of Marriage and of the Family
Letourneau, Ch. (Charles)
Families; Marriage
The verses which follow inform us that, with the Hebrews, the levirate
was rather a moral than a legal obligation; the brother-in-law could
even refuse it; but in refusing, he incurred the public contempt, and
had to submit to a degrading ceremony: “And if the man like not to
take his brother’s wife, then his brother’s wife shall go up to the
gate unto the elders, and say, My husband’s brother refuseth to raise
up unto his brother a name in Israel, he will not perform the duty of
an husband’s brother unto me; then the elders of his city shall call
him, and speak unto him: and if he stand, and say, I like not to take
her; then shall his brother’s wife come unto him in the presence of the
elders, and loose his shoe from off his foot, and spit in his face,
and she shall answer and say, So shall it be done unto that man that
doth not build up his brother’s house. And his name shall be called in
Israel, The house of him that hath his shoe loosed.”[871]
In India the principal object of the levirate, applied to the widowed
_fiancée_, was to furnish the deceased man with a fictitious son,
who could perform for him the sacrifices to the manes, a duty of the
highest importance in the religion of Brahma. For the Hebrews, a much
more practical people than the Hindoos, the levirate had only an
earthly object--that of keeping up the name or family of the deceased,
and all that belonged to it. It may be compared with the obligation
imposed at Athens on the nearest relative in the masculine line to
marry the heiress, or to supplement at need the impotence of the
husband.
The old practice of the levirate still exists in Abyssinia with this
curious detail, that it is applied during the lifetime of the husband
if he has been the victim of an accident, frequent in the Abyssinian
wars, of emasculation. The mutilated husband, being thus struck with
what might be called “virile death,” his brother succeeds him in his
marital rights and duties.[872]
Some sociologists, too much given to theorise, have tried to prove
that the levirate was a remnant of polyandry. Certainly the levirate
is practised under a polyandric _régime_, but polyandry has never been
more than an exceptional mode of marriage, and there is hardly any
trace of it among the New Caledonians, the Redskins, the Mongols, the
Afghans, the Hindoos, the Hebrews, the Abyssinians, etc., who, all of
them, practise different varieties of levirate.
The much more natural reasons that I have given above appear to me
quite sufficient and more probable.
IV. _Conclusions._
Public-domain text, read in full here on John Shaqi.
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