Note 375.1 — Chapter XIV · MARRIAGE RITES.

Omitting as equivocal the numberless and widespread instances where the heir takes possession of his predecessor’s wives with the rest of his property, we may take note of some whose interpretation is less open to question. Usually among the aboriginal people of Bengal the younger brother, or cousin, of the deceased husband has the first claim on the widow, a claim which must be released before she is at liberty to wed any other person. The cases are few where, as among the Santals, the consent of the younger brother’s first wife must be procured; and they only exist where such consent would be necessary in any case to his second marriage.375.1 Several tribes of the North-west Provinces practise the custom. Indeed, it seems usual among the aborigines over the greater part of India; and frequently no ceremony of any kind is necessary. Where, as among the Játs of the Panjáb, a ceremony is performed, it is of the simplest kind. The husband’s brother simply throws his scarf or cloak over the widow’s head.375.2 If a Ját youth die betrothed, but before consummating the marriage, his father can claim the girl for another son, or, in default of a son, for any male relation in that degree.375.3 A virgin widow among the Baiswars of South Mirzapur can be married, but it is usual to give some remuneration to the family of the deceased husband.375.4 When a Habura is sentenced to a long term of imprisonment, or is transported for life, his wives are taken by his brothers.376.1 In the Hindu Koosh, while a man’s property passes to his children, his brother takes the widows. It is disgraceful to refuse them; and they can marry nobody else without the consent of their husband’s brothers.376.2 An Afghan ought to marry his brother’s childless widow. If any other man offer first it is a grave insult to him.376.3 Among the Ostiaks and other Turanian tribes, a younger brother is bound to marry his elder brother’s widow.376.4 On the island of Sumatra, while the inheritance descends to the sons, the brothers in order of age have a right to the widow married by jujur, or purchase. In the event of their declining her successively they may give her in marriage to any relation on the father’s side, the person who takes her replacing the deceased. If she marry a stranger, the new husband may be adopted into the family to replace the deceased, or she may be married by purchase, as the relatives please.376.5 On the adjacent island of Nias one of the sons may marry all the widows save his own mother; and if no son exercise this right, they pass to a brother. If they do not marry they must be maintained by the family of their dead consort.376.6 On Engano a man in marrying pays the value of two hundred cocoa-nuts to the bride’s family. Yet he does not thereby acquire her for himself. On the contrary, he becomes part of her family; and if she die and he marry again, an indemnity must be paid to her relatives. If he die, however, the widow must offer herself to his brothers; nor can she wed any one else until they have refused her.377.1 The widow of a Gilbert Islander is taken by his surviving brother into his own hut, and she can then marry no one else.377.2 A bachelor or widower among the Andaman Islanders is expected to marry his brother’s widow; and the term brother, as in most savage lands, includes what we call a cousin. Of the property of the deceased the widow retains as much as she requires for her personal use, dividing the rest between his male relatives.377.3 Among the Sihanaka, one of the aboriginal tribes of Madagascar, a widow is stripped and in various ways ill-treated for several months, and only allowed to return home to her own kindred after having obtained a formal divorce from her husband’s family.377.4 In Africa, individual property is hardly recognised by the Krumen of the Grain Coast: almost everything is possessed by the family community. When a Kruman dies his wife passes over to his brother or some other near relation. An Oromó widow can only marry with the consent of her husband’s brother. A Zulu is obliged to cohabit with all the widows of an elder brother. Among the Tedas in Sahara, if an affianced bridegroom die before completion of the marriage, his place is taken by his brother or nearest kinsman.377.5 On the Slave Coast a younger brother was formerly compelled to marry the headwife of his elder brother deceased, while the subordinate wives devolved with the rest of the inheritance on the sons. Compulsion has now become obsolete; but the headwife still resides with her husband’s relatives; and if she marry any other man than her first husband’s brother, the second husband repays to the relatives (apparently not to the heirs as such) of the first the amount originally paid for her.378.1 In Natal, when a Kafir dies, “those wives who have not left the kraal remain with the eldest son. If they wish to marry again, they must go to one of their late husband’s brothers.” Children born of such a marriage, however, belong to the son.378.2 On the western continent the Thlinkit, among whom we have already found traces of clan-marriage, require the eldest brother or nephew to marry the widow.378.3 In Guatemala, where, as we know, the kindred of the husband bought the wife, she passed over into her husband’s clan, and was taken on his death by his brother or her stepson.378.4 Among the Hidatsas it is a common practice for a man to marry his brother’s widow; but apparently this is subject to her consent.378.5 When one of the Blackfeet, or one of the Omahas, died, his wives became the potential wives of his eldest brother, while his property passed to his sons, though a few horses were generally given to his brothers.378.6 An Ojibway widow may be taken by her husband’s brother, or apparently by any one of the clan; and this is sometimes done at the grave by the ceremony of walking her over it, in which event she is not required to undergo the terrible ordeal of mourning. Or she has a right to go to him, and he is bound to support her.379.1 The Miwok of California destroy the property of the dead; but the eldest brother is entitled to the widow.379.2 The Aztecs regarded it as a duty to marry a brother’s widow; and the reason given is that her children, if she had any, might not remain fatherless—a reason, however, which would not apply where she had none.379.3 In Samoa, where property belonged to the kin, one of the brothers, or some other relative, took the wife; and her children were taught to regard him as their father. The reason here alleged was the desire to preserve the woman and her children to the family, whose number and influence were thus maintained.379.4 In New Caledonia, where the property seems to descend to the eldest son, the husband’s brother is bound to marry the widow.379.5 In the Loyalty Islands she could not marry again without the consent of her first husband’s family.379.6 A Tasmanian woman became common property; but she might be given in marriage again.379.7 In some at least of the islands of New Britain also, a widow became common property;379.8 and a similar custom seems to have been followed by the Eskimo.379.9 The natives of the west of Victoria divided the property of a departed tribesman equally among his widow and his children; but it was his brother’s duty to marry the widow if she had offspring, because he was bound to protect her and rear the children. He seems to have been at liberty to marry her also if she were childless.380.1 The duty or the right of a deceased husband’s brother to take the widow seems, in fact, to be general among the aborigines of Australia, and to be wholly disconnected with the right of succession to property. And the evidence that it is a survival of group-marriage is confirmed by the custom of the Gippsland tribes, which, there is reason to believe, sanctioned the occasional cohabitation of a single man with his living brother’s wife, and of a married man with his wife’s sister. “A man spoke of his sister-in-law as puppar-worcat, which means another wife; and when a wife died her sister not infrequently took her place.” In Europe, among the Moslem Albanians the sons succeed to the property, but the brother has a right to the widow with or without her consent. Nor can she marry any one else in the same village save with his consent. If, however, she marry into another family, her husband’s heirs are entitled to half the dowry. The brother of an affianced husband who dies is entitled to the bride on paying additional dowry.380.2 A trace of the right of a surviving brother to the widow is perhaps found among the Scandinavians; and the conjecture derives some support from the conduct imputed to Frigg, the wife of Odin, who is accused by Loki of laying her husband’s two brothers in her bosom.380.3