A comparative Study of the levirate marriage in the Deuteronomic code and the Gusii practice of Ogochia Nyomba

Abstract

Despite the long existence of Christianity in Gusii land, few people have a proper understanding of it basic teachings in regard to the biblical teaching on levirate marriage. This ancient custom in Israel was a cultural practice that secured the right and possession of a sonless widow.

Similarly, the custom of ogochia nyomba (widow inheritance) amongst the pre-colonial Gusii people was cultural structure that guaranteed the welfare of the sonless widow. Both cases were a process of ensuring that the lineage of the dead man without an heir does not die out. Nonetheless, the two practices; levirate marriage and ogochia nyomba have evolved with time and have caused confusions and conflict within the African biblical interpretation.

Thus the thrust of the current study is focused on establishing the areas of divergence and convergence on the subject of levirate marriage and the Gusii custom of ogochia nyomba; which established that there is an imperceptible difference between the two practices. The study ascertains that levirate marriage was only possible when a man died without children especially a son whereas ogochia nyomba was possible even when there were children both sons and daughters; for the purpose of ogochia nyomba included “caring and giving birth”. Lastly, both the levirate marriage and ogochia nyomba institutions are not value neutral but reflect structures that empower men and disenfranchise women in this case the widow. Consequently, this calls for a critical and inclusive reading of the Deuteronomy 25:5-10.