Note 67 — Chapter VI
Reading edition
9. The best recent opinion is in opposition to the theory that the levirate or niyoga is a survival of polyandry. “The levir,” says Mr. Mayne, “did not take his brother’s widow as his wife. He simply did for his brother or other near relation, when deceased, what the latter might have authorised him, or any other person to do during his lifetime. And this, of course, explains why the issue so raised belonged to the deceased and not to the begetter. If it were a relic of polyandry, the issue would belong to the surviving polyandrous husband, and the wife would pass over to him as his wife.”67