The levirate proper not found in Greece.
The levirate, or marriage with deceased husband's brother, seems to have had no place in Greek family law. The wife was of no kin necessarily to the husband; and so it would not tend to strengthen the transmission of blood if the next of kin married the widow on taking the inheritance of his relative deceased without issue. The wife in Greek law could not inherit from her husband, whose property went to his father's or mother's relations; and only when it became a question of finding an heir to her son, and failing all near paternal kinsmen, could the [pg 028] inheritance pass through her, and then as the mother of her dead son, not as widow of her dead husband. Even then, being a woman, she had no right of enjoyment, only of transmission. She could only inherit on behalf of her issue by a second husband, and failing her issue the inheritance would pass to her brothers and so on. In Greece the claim upon the δαήρ (Latin levir) for marriage seems to have begun with his brother's daughter, not his brother's widow.
The widow returned to her guardian.
The childless widow on the death of her husband had to return to her own family or whoever of her kindred was guardian (κύριος) of her, and if she wished, be given again in marriage by him.[65]
The woman at Athens even after marriage always retained her κύριος or guardian,[66] who was at once her protector and trustee. He was probably the head of the οἶκος to which she originally belonged—her next of kin—and had great power over her.[67]
A case there is[68] where the heir to the property also takes the wife of the previous owner; but in this case the husband may have been κύριος of his own [pg 029] wife, and so could bequeath, or give her away to whomever he liked.[69]
In the Ordinances of Manu, the limitations of the levirate are very strictly defined.[70] In the case of a man leaving a widow, she must not marry again, or she lost her place in heaven by his side.
But if she was childless, the next of kin of her husband must beget one son by her; he did not marry her, and his connection with her ceased on the birth of a son.
Marriage of near relations.
The laws of Manu otherwise are strict against the marriage of close relations; a restriction not found in Greece.