Is There a Law against a Man Marrying His Widow`s Sister
The eastern part has always declared that marriage to the sister of a deceased woman is “illegal”, that is, contrary to God`s law as established by Him in His written Word. In the great mass of Scripture that we have from the Fathers of the Church, there is no sanction given to such marriages; but, on the contrary, when fathers have occasion to mention something about such a union, they make it clear that it is their habit and that of the Church not to consider such marriages legal according to the Word of God. Basil said in the fourth century: “Our custom has the force of law because it is transmitted to us, that is, in the Holy Scriptures, that marriage with a woman`s sister is not considered a marriage, and we are commanded not to receive such persons for Holy Communion until they are separated. Article 4 upheld the ecclesiastical censure of a Church of England minister who had married his late wife`s sister. So if it is God`s law that “a man shall not marry the sister of his deceased wife,” there is no matter of debate. So I said “yes” for that reason: for something to be illegal, there has to be a law against it. Since there is no law prohibiting a deceased person from marrying his sister-in-law, it must be at least technically legal. But the correct answer was “no.” Now comes the Anglican division of the western part of the Church of Christ. We adhere to the same doctrine we have learned from God`s Word. Until the sixteenth century we held the same thing as the Roman par, and since the Reformation we have declared such unions illegal. In the Reformatio Legum of our Church, it is said that “the degrees that concern man also affect woman” – “paribus semper pro pinquitatum gradibus” – “are always the same degrees of relationship”. Sympathy often comes into play. People argue that the woman`s own sister will definitely take the most care of her sister`s children.
Well, every good second wife will do the same, and such sympathy is intolerable, because if God`s law is broken by her, no measure of sympathy can be allowed. The question was, “Is it legal for a man in California to marry his widow`s sister?” It is not possible for a deceased person to marry, but this answer was not an option. The choices were “Yes”, “No” and “I don`t know”. After 1835, a marriage between a widower and his late wife`s sister was still recognized in Britain if contracted abroad, where it was legal. For example, painters William Holman Hunt and John Collier married the sisters of their deceased wives in Switzerland and Norway respectively. However, this was only possible for those who could afford to travel abroad; Furthermore, in Brook v. Brook, the House of Lords ruled in 1861 that a spouse should be domiciled in the jurisdiction of marriage. [13] [14] Although the Marriage Act of 1836 permitted civil marriage, prohibitions on affinity were not affected. But the verse says, “A man cannot bring a woman to his sister during his wife`s lifetime.” So, can he after that? Certainly not if she is his wife`s own sister. What for? For several reasons. Did the cases of Abraham, Jacob, David, and Solomon renounce God`s law? Definitely not, because the practice of fallen man can never correctly interpret God`s law. If the practice of fallen man were correct, there would be no need for the law.
If there was no disobedience or no sin, there would be no law. The desire of widowers to marry their sisters-in-law was particularly popular from the 1860s and aroused strong emotions on both sides. However, it will take nearly 50 years for the campaign for a change in the law to succeed, even though Parliament has introduced bills many times. The prolonged nature of the countryside was mentioned in Gilbert and Sullivan`s opera Iolanthe (1882), in which the fairy queen sings: “He will prick this annual bull, marriage with the sister of the deceased woman.” [22] Section 3 provided that the Matrimonial Causes Act, 1857 was not affected; Adultery with the woman`s sister remained a ground for divorce proceedings, and a man was still prohibited from marrying his divorced wife`s sister. What for? Because (i.) God forbids polygamy. (ii.) It would be even more incestuous than the other, for a man cannot marry even this one, even if his wife had died, because God preserves him, since she is close to him through his deceased wife. It is clear from God`s Word that a man should never marry his deceased wife`s sister. In Great Britain, section 3 of the 1907 Act was repealed by the Supreme Court of Judicature (Consolidation) Act 1925.
[36] The Marriage Relations (Prohibited Degrees) Act 1931 extended the application of the 1907 Act to allow nieces and nephews to marry by marriage. [37] Section 4 of the 1907 Act lapsed in 1944 when the Canterbury and York Convocations voted to introduce prohibited Church of England degrees into civil law. [38] In England and Wales, the Marriage Act 1949 repealed and consolidated the 1907, 1921 and 1931 Acts. [4] In Scotland, the Marriage (Enable) Act 1960 was repealed, which also allowed marriage in the United Kingdom with a parent of a divorced and non-deceased ex-spouse. [5] The prohibition of marriage to the sister of a divorced woman is central to the plot of Cyril Hare`s 1949 novel When the Wind Blows. In 1947, the House of Lords` Personal Bills Committee rejected a petition from a couple for a private act of Parliament exempting them from the ban. [39] Other forbidden marriages are mentioned in verse 17, and many more are forbidden throughout the list. Like with your own sister or daughter, etc.