Polygamy

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For polygamy in plants, see Plant reproductive morphology. For polygamy in animals, see Animal sexual behaviour#Polygamy and polygyny.
  Polygamy permitted and practiced
  Legal status unknown or ambiguous
  Polygamy generally illegal, but practice not fully criminalised
  Polygamy fully outlawed/abolished and practice fully criminalised
Notes: 1India, Philippines, Singapore, Malaysia and Sri Lanka:legal for Muslims only.
2Eritrea: Muslims only may legally contract polygamous marriages in certain countries and regions with Sharia that allow it.
3Mauritius: polygamous unions are not legally recognized. Muslim men may "marry" up to four women, who do not however enjoy the legal status of wives.

Polygamy (from Late Greek πολυγαμία, polygamia, "state of marriage to many spouses" or "frequent marriage")[1][2][3][4] is a marriage that includes more than two partners.[5] When a man is married to more than one wife at a time, the relationship is called polygyny; and when a woman is married to more than one husband at a time, it is called polyandry. If a marriage includes multiple husbands and wives, it can be called group or conjoint marriage.[5] The term is used in related ways in social anthropology, sociology, as well as in popular speech. In contrast, monogamy is a marriage consisting of only two parties. Like monogamy, the term polygamy is often used in a de facto sense, applied regardless of whether the relationship is recognized by the state (see marriage for a discussion on the extent to which states can and do recognize potentially and actually polygamous forms as valid). In sociobiology and zoology, polygamy is used in a broad sense to mean any form of multiple mating.

The only form in which polygamy is legally recognised in countries which do so, is for a man to take multiple wives (polygyny). In those countries that do not permit polygamy, a person who marries a second person while still being lawfully married is committing the crime of bigamy.

In the global context, acceptance of polygamy is common. According to the Ethnographic Atlas, of 1,231 societies noted, 186 were monogamous; 453 had occasional polygyny; 588 had more frequent polygyny; and 4 had polyandry.[6] At the same time, even within societies that allow polygyny, the actual practice of polygyny occurs unevenly. There are exceptions: in Senegal, for example, nearly 47 percent of marriages are multiple.[7] Within polygynous societies, multiple wives often become a status symbol denoting wealth, power, and fame. Polyandry is less rare than the figure commonly cited in the Ethnographic Atlas (1980), which listed only those examples found in the Himalayan Mountains. More recent studies have found 53 societies outside of the 28 found in the Himalayas, which practice polyandry.[8]

Zeitzen states that Western perceptions of African society and marriage patterns are biased by "contradictory concerns of nostalgia for traditional African culture versus critique of polygamy as oppressive to women or detrimental to development."[9] Many international human rights organisations as well as women's rights groups in many countries have called for its abolition. The practice has been ruled to violate the ICCPR (International Covenant on Civil and Political Rights), and the United Nations has recommended that the practice be abolished.[10][11][12][13][14]

Forms of polygamy[edit]

Polygamy exists in three specific forms: polygyny - wherein a man has multiple simultaneous wives; polyandry - wherein a woman has multiple simultaneous husbands; or group marriage - wherein the family unit consists of multiple husbands and multiple wives. Anthropologists treat serial monogamy, in which divorce and remarriage occur, as a form of polygamy as it also establishes a series of households that continue to be tied by shared paternity and shared income.[15] Ambiguity arises when the broad term "polygamy" is used when a specific form of polygamy is being referred to. Additionally, different countries may or may not include all forms in their laws on polygamy.

Polygyny[edit]

Main article: Polygyny

Incidence[edit]

Prince Manga Bell and favorite wives

Anthropologist Jack Goody's comparative study of marriage around the world utilizing the Ethnographic Atlas demonstrated an historical correlation between the practice of extensive shifting horticulture and polygamy in the majority of Sub-Saharan African societies.[16] Drawing on the work of Ester Boserup, Goody notes that the sexual division of labour varies between the male dominated intensive plough agriculture common in Eurasia and the extensive shifting horticulture found in sub-Saharan Africa. In some of the sparsely populated regions where shifting cultivation takes place in Africa, most of the work is done by women. This favoured polygamous marriages in which men sought to monopolize the production of women "who are valued both as workers and as child bearers. Goody however, observes that the correlation is imperfect. He also discusses more male dominated but relatively extensive farming systems such as those that exist in much of West Africa, in particular the tribes of Northern Ghana on which his African studies often focused, where polygyny is desired more for the creation of sons whose labor is valued. "[17] [18]

Goody's observation regarding African male farming systems is discussed and supported by anthropologists Douglas R. White and Michael L. Burton in in "Causes of Polygyny: Ecology, Economy, Kinship, and Warfare" [19] where authors note: "Goody (1973) argues against the female contributions hypothesis. He notes Dorjahn's (1959) comparison of East and West Africa, showing higher female agricultural contributions in East Africa and higher polygyny rates in West Africa, especially in the West African savannah, where one finds especially high male agricultural contributions. Goody says, "The reasons behind polygyny are sexual and reproductive rather than economic and productive" (1973:189), arguing that men marry polygynously to maximize their fertility and to obtain large households containing many young dependent males."[20]

Types[edit]

Polygynous marriages can be distinguished between sororal polygyny, in which the co-wives are sisters, and non-sororal, where the co-wives are not related. For men, the benefits of polygyny are that it allows them to have more children, may provide them with more productive workers (where workers are family), and allows them to establish politically useful ties with a greater number of kin groups. Polygyny is also associated with a greater age gap between husbands and wives, as men must marry younger girls for their second wives; this leaves younger men without wives for longer periods.[21]

Polygyny may also result from the practice of levirate marriage. In such cases, the deceased man's heir may inherit his assets and wife; or, more usually, his brothers may marry the widow. This provides support for the widow and her children (usually also members of the brothers' kin group) and maintains the tie between the husband and wives' kin groups. The sororate is like the levirate, in that a widower must marry the sister of his dead wife. The wife's family, in other words, must provide a replacement for her thus maintaining the ties between them. Both levirate and sororate may result in a man having multiple wives.[22]

Some polygynous marriages are same-sex. In some societies such as the Lovedu in South Africa, aristocratic women who can afford to pay bridewealth in cattle can take wives as assume male political roles. Such a marriage could also be considered polyandrous since the main spouse is a woman.[21]

Even in monogamous societies, wealthy and powerful men established enduring relationships, and established separate household for, multiple female partners. This is a form of de facto polygyny that is also referred to as concubinage, or resource polygyny.[23]

Household organization[edit]

Marriage is the moment at which a new household is formed, but different arrangements may occur depending upon the type of marriage. Not all polygamous marriages result in the formation of a single household.

Polygynous matrifocal households[edit]

In many polygynous marriages the husband's wives may live in separate households, often at a great distance. They can thus be described as a "series of linked nuclear families with a 'father' in common."[24] As such, they are similar to the household formations created through divorce and serial monogamy.

Polygynous extended family households[edit]

Polyandry[edit]

Incidence[edit]

Polyandry is a practice wherein a woman has more than one husband at the same time. Polyandry is believed to be more likely in societies with scarce environmental resources, as it is believed to limit human population growth and enhance child survival.[25] It is a rare form of marriage that exists not only among poor families, but also the elite.[26] For example, in the Himalayan Mountains polyandry is related to the scarcity of land; the marriage of all brothers in a family to the same wife allows family land to remain intact and undivided. If every brother married separately and had children, family land would be split into unsustainable small plots. In Europe, this was prevented through the social practice of impartible inheritance (the disinheriting of most siblings, many who went on to become celibate monks and priests).[27]

Types[edit]

Fraternal polyandry was traditionally practiced among nomadic Tibetans in Nepal, parts of China and part of northern India, in which two or more brothers are married to the same wife, with the wife having equal 'sexual access' to them. It is most common in egalitarian societies marked by high male mortality or male absenteeism. It is associated with partible paternity, the cultural belief that a child can have more than one father.[28]

Non-fraternal polyandry occurs when the wives' husbands are unrelated, as among the Nayar of India. In this case, a woman undergoes a ritual marriage before puberty, and he is acknowledged as the father of all her children. She, however, may never cohabit with him, taking multiple lovers instead; these men must acknowledge the paternity of their children (and hence demonstrate that no caste prohibitions have been breeched) by paying the midwife. The women remain in their maternal home, living with their brothers, and property is passed matrilineally.[29] A similar form of matrilineal, de facto polyandry can be found in the institution of walking marriage among the Mosuo of China.

Polyandrous extended family households[edit]

Serial monogamy[edit]

Serial monogamy refers to remarriage after death or divorce, i.e. multiple marriages but only one legal spouse at a time.

Incidence[edit]

Many societies that we consider monogamous in fact allow easy divorce. In many western countries divorce rates approach 50%. Those who remarry do so on average 3 times. Divorce and remarriage can thus result in serial monogamy. This can be interpreted as a form of plural mating, as are those societies dominated by female-headed families in the Caribbean, Mauritius and Brazil where there is frequent rotation of unmarried spouses. In all these account for 16 to 24% of the "monogamous" category.[30]

Matrifocal households[edit]

Serial monogamy creates a new kind of relative, the "ex-". The "ex-wife", for example, remains an active part of her "ex-husband's" life, as they may be tied together by transfers of resources (alimony, child support), or shared child custody. Bob Simpson notes that in the British case, serial monogamy creates an "extended family" - a number of households tied together in this way, including mobile children (Simpson notes, you may have an ex-wife, an ex-brother-in-law, etc., but not an "ex-child"). These "unclear families" do not fit the mould of the monogamous nuclear family. As a series of connected households, they come to resemble the polygynous model of separate households maintained by mothers with children, tied by a male to whom they are married.[31]

Group marriage[edit]

Main article: Group marriage

Group marriage is a marriage wherein the family unit consists of more than two partners, any of whom share parental responsibility for any children arising from the marriage.[32] Group marriage is a form of non-monogamy and polyamory.

Contemporary religious attitudes to polygamy[edit]

Buddhism[edit]

In Buddhism, marriage is not a sacrament. It is purely a secular affair and the monks do not participate in it, though in some sects priests and monks do marry. Hence it receives no religious sanction.[33] Forms of marriage consequently vary from country to country. It is said in the Parabhava Sutta that "a man who is not satisfied with one woman and seeks out other women is on the path to decline". Other fragments in the Buddhist scripture can be found that seem to treat polygamy unfavorably, leading some authors to conclude that Buddhism generally does not approve of it[34] or alternatively that it is a tolerated, but subordinate marital model.[35]

Until 2010 polygyny was legally recognized in Thailand. In Burma, polygyny was also frequent. In Sri Lanka, polyandry was practiced (though not widespread) until recent times.[33] When the Buddhist texts were translated into Chinese, the concubines of others were added to the list of inappropriate partners. Polyandry in Tibet as well was common traditionally, as was polygyny, and having several wives or husbands was never regarded as having sex with inappropriate partners.[36] Tibet is home to the largest and most flourishing polyandrous community in the world today. Most typically, fraternal polyandry is practiced, but sometimes father and son have a common wife, which is a unique family structure in the world. Other forms of marriage are also present, like group marriage and monogamous marriage.[37] Polyandry (especially fraternal polyandry) is also common among Buddhists in Bhutan, Ladakh, and other parts of the Indian subcontinent.

Celtic traditions[edit]

Some pre-Christian Celtic pagans were known to practice polygamy, although the Celtic peoples wavered between it, monogamy and polyandry depending on the time period and area.[38] In some areas this continued on even after Christianisation began, for instance the Brehon Laws of Gaelic Ireland explicitly allowed for polygamy,[39][40] especially amongst the noble class.[41] Some modern Celtic pagan religions accept the practice of polygamy to varying degrees,[42] though how widespread the practice is within these religions is unknown.

Christianity[edit]

The Bible states in the New Testament that polygamy should not be practiced [by certain church leaders]. 1 Timothy states that certain Church leaders should have but one wife: "A bishop then must be blameless, the husband of one wife, vigilant, sober, of good behavior, given to hospitality, apt to teach" (chapter 3, verse 2; see also verse 12 regarding deacons having only one wife). Similar counsel is repeated in the first chapter of the Epistle to Titus. 1 Corinthians (chapter 7, verse 2) also writes, "Nevertheless, to avoid fornication, let every man have his own wife, and let every woman have her own husband."[43]

Periodically, Christian reform movements that have aimed at rebuilding Christian doctrine based on the Bible alone (sola scriptura) have at least temporarily accepted polygyny as a Biblical practice. For example, during the Protestant Reformation, in a document referred to simply as "Der Beichtrat" (or "The Confessional Advice" ),[44] Martin Luther granted the Landgrave Philip of Hesse, who, for many years, had been living "constantly in a state of adultery and fornication,"[45] a dispensation to take a second wife. The double marriage was to be done in secret, however, to avoid public scandal.[46] Some fifteen years earlier, in a letter to the Saxon Chancellor Gregor Brück, Luther stated that he could not "forbid a person to marry several wives, for it does not contradict Scripture." ("Ego sane fateor, me non posse prohibere, si quis plures velit uxores ducere, nec repugnat sacris literis.")[47]

"On February 14, 1650, the parliament at Nürnberg decreed that, because so many men were killed during the Thirty Years’ War, the churches for the following ten years could not admit any man under the age of 60 into a monastery. Priests and ministers not bound by any monastery were allowed to marry. Lastly, the decree stated that every man was allowed to marry up to ten women. The men were admonished to behave honorably, provide for their wives properly, and prevent animosity among them."[48][49][50][51][52][53]

The trend towards frequent divorce and remarriage is sometimes referred to as 'serial polygamy'.[54] In contrast, others may refer to this as 'serial monogamy', since it is a series of monogamous relationships.[55] The first term highlights the multiplicity of marriages throughout the life-cycle, the second the non-simultaneous nature of these marriages.

In Sub-Saharan Africa, there has often been a tension between the Christian churches' insistence on monogamy and traditional polygamy. In some instances in recent times there have been moves for accommodation; in other instances, churches have resisted such moves strongly. African Independent Churches have sometimes referred to those parts of the Old Testament that describe polygamy in defending the practice.

Roman Catholic Church[edit]

The Roman Catholic Church clearly condemns polygamy; the Catechism of the Catholic Church lists it in paragraph 2387 under the head "Other offenses against the dignity of marriage" and states that it "is not in accord with the moral law." Also in paragraph 1645 under the head "The Goods and Requirements of Conjugal Love" states "The unity of marriage, distinctly recognized by our Lord, is made clear in the equal personal dignity which must be accorded to husband and wife in mutual and unreserved affection. Polygamy is contrary to conjugal love which is undivided and exclusive."

Saint Augustine saw a conflict with Old Testament polygamy. He refrained from judging the patriarchs, but did not deduce from their practice the ongoing acceptability of polygyny. On the contrary, he argued that the polygamy of the Fathers, which was tolerated by the Creator because of fertility, was a diversion from His original plan for human marriage. Augustine wrote: That the good purpose of marriage, however, is better promoted by one husband with one wife, than by a husband with several wives, is shown plainly enough by the very first union of a married pair, which was made by the Divine Being Himself.[56]

Augustine taught that the reason patriarchs had many wives was not because of fornication, but because they wanted more children. He supported his premise by showing that their marriages, in which husband was the head, were arranged according to the rules of good management: those who are in command (quae principantur) in their society were always singular, while subordinates (subiecta) were multiple. He gave two examples of such relationships: dominus-servus - master-servant (in older translation: slave) and God-soul. The Bible often equates worshiping multiple gods, i.e. idolatry to fornication.[57] Augustine relates to that: On this account there is no True God of souls, save One: but one soul by means of many false gods may commit fornication, but not be made fruitful.[58]

As tribal populations grew, fertility was no longer a valid justification of polygamy: it was lawful among the ancient fathers: whether it be lawful now also, I would not hastily pronounce (utrum et nunc fas sit, non temere dixerim). For there is not now necessity of begetting children, as there then was, when, even when wives bear children, it was allowed, in order to a more numerous posterity, to marry other wives in addition, which now is certainly not lawful."[59]

Augustine saw marriage as a non-sacrament-friendly covenant between one man and one woman, which may not be broken. It was the Creator who established monogamy: Therefore the first natural bond of human society is man and wife.[60] Such marriage was confirmed by the Saviour in the Gospel of Matthew (Mat 19,9) and by His presence at the wedding in Cana (John 2:2).[61] In the Church—the City of God—marriage is a sacrament and may not and cannot be dissolved as long as the spouses live: But a marriage once for all entered upon in the City of our God, where, even from the first union of the two, the man and the woman, marriage bears a certain sacramental character, can in no way be dissolved but by the death of one of them..[62] In chapter 7, Augustine pointed out that the Roman Empire forbad polygamy, even if the reason of fertility would support it: For it is in a man’s power to put away a wife that is barren, and marry one of whom to have children. And yet it is not allowed; and now indeed in our times, and after the usage of Rome (nostris quidem iam temporibus ac more Romano), neither to marry in addition, so as to have more than one wife living. Further on he notices that the Church's attitude goes much further than the secular law regarding monogamy: It forbids re-marrying, considering such to be a form of fornication: And yet, save in the City of our God, in His Holy Mount, the case is not such with the wife. But, that the laws of the Gentiles are otherwise, who is there that knows not .[63]

In modern times a minority of Roman Catholic theologians have argued that polygyny, though not ideal, can be a legitimate form of Christian marriage in certain regions, in particular Africa.[64][65] The Roman Catholic Church teaches in its Catechism that

"polygamy is not in accord with the moral law. [Conjugal] communion is radically contradicted by polygamy; this, in fact, directly negates the plan of God that was revealed from the beginning, because it is contrary to the equal personal dignity of men and women who in matrimony give themselves with a love that is total and therefore unique and exclusive."[66]

The illegality of polygamy in certain areas creates, according to certain Bible passages, additional arguments against it. Paul of Tarsus writes "submit to the authorities, not only because of possible punishment but also because of conscience" (Romans 13:5), for "the authorities that exist have been established by God." (Romans 13:1) St Peter concurs when he says to "submit yourselves for the Lord's sake to every authority instituted among men: whether to the king, as the supreme authority, or to governors, who are sent by him to punish those who do wrong and to commend those who do right." (1 Peter 2:13,14) Pro-polygamists argue that, as long as polygamists currently do not obtain legal marriage licenses nor seek "common law marriage status" for additional spouses, no enforced laws are being broken any more than when monogamous couples similarly co-habitate without a marriage license.[67]

Mormonism[edit]

Mormonism and polygamy
The Family of Joseph F. Smith
A Mormon polygamist family in 1888.

The history of Mormon polygamy (specifically polygyny) began with Joseph Smith, Jr., who stated he received a revelation on July 17, 1831 that "plural marriage" should be practiced by some Mormon men who were specifically commanded to do so. This was later published in the Doctrine and Covenants by The Church of Jesus Christ of Latter-day Saints (LDS Church).[68] Despite Smith's revelation, the 1835 edition of the 101st Section of the Doctrine and Covenants, written after the doctrine of plural marriage began to be practiced, publicly condemned polygamy. This scripture was used by John Taylor in 1850 to quash Mormon polygamy rumors in Liverpool, England.[69] Polygamy was made illegal in the state of Illinois[70] during the 1839–44 Nauvoo era when several top Mormon leaders, including Smith,[71][72] Brigham Young and Heber C. Kimball took multiple wives. Mormon elders who publicly taught that all men were commanded to enter plural marriage were subject to harsh discipline.[73] On June 7, 1844 the Nauvoo Expositor criticized Smith for plural marriage. After Joseph Smith's murder by a mob on June 27, 1844, the main body of Mormons left Nauvoo and followed Brigham Young to Utah where the practice of plural marriage continued.[74]

In 1852 Brigham Young, the second president of the LDS Church, publicly acknowledged the practice of plural marriage through a sermon he gave. Additional sermons by top Mormon leaders on the virtues of polygamy followed.[75]:128 Controversy followed when polygamy became a social cause, writers began to publish works condemning polygamy. The key plank of the Republican Party's 1856 platform was "to prohibit in the territories those twin relics of barbarism, polygamy and slavery".[76] In 1862, Congress issued the Morrill Anti-Bigamy Act which clarified that the practice of polygamy was illegal in all US territories. The LDS Church believed that their religiously based practice of plural marriage was protected by the United States Constitution,[77] however, the unanimous 1878 Supreme Court decision Reynolds v. United States declared that polygamy was not protected by the Constitution, based on the longstanding legal principle that "laws are made for the government of actions, and while they cannot interfere with mere religious belief and opinions, they may with practices."[78]

Increasingly harsh anti-polygamy legislation in the US led some Mormons to emigrate to Canada and Mexico. In 1890, LDS Church president Wilford Woodruff issued a public declaration (the Manifesto) announcing that the LDS Church had discontinued new plural marriages. Anti-Mormon sentiment waned, as did opposition to statehood for Utah. The Smoot Hearings in 1904, which documented that the LDS Church was still practicing polygamy spurred the LDS Church to issue a Second Manifesto again claiming that it had ceased performing new plural marriages. By 1910 the LDS Church excommunicated those who entered into, or performed, new plural marriages. Even so, many plural husbands and wives continued to cohabit until their deaths in the 1940s and 1950s.[79]

Enforcement of the 1890 Manifesto caused various splinter groups to leave the LDS Church in order to continue the practice of plural marriage.[80] Polygamy among these groups persists today in Utah and neighboring states as well as in the spin-off colonies. Polygamist churches of Mormon origin are often referred to as "Mormon fundamentalist" even though they are not a part of the LDS Church. Such fundamentalists often use a purported 1886 revelation to John Taylor as the basis for their authority to continue the practice of plural marriage.[81] The Salt Lake Tribune stated in 2005 there were as many as 37,000 fundamentalists with less than half of them living in polygamous households.[82]

On December 13, 2013, US Federal Judge Clark Waddoups ruled in Brown v. Buhman that the portions of Utah's anti-polygamy laws which prohibit multiple cohabitation were unconstitutional, but also allowed Utah to maintain its ban on multiple marriage licenses.[83][84][85][86] Unlawful cohabitation, where prosecutors did not need to prove that a marriage ceremony had taken place (only that a couple had lived together), had been the primary tool used to prosecute polygamy in Utah since the 1882 Edmunds Act.[79]

Hinduism[edit]

The Hindu Marriage Act was enacted in 1955 by the Indian Parliament and made polygamy in any form illegal in India. Prior to 1955, polygamy was permitted for Indian Hindus. Marriage laws in India are dependent upon the religion of the parties in question. The terms under the Hindu Marriage Act, 1954 has deemed polygamy to be illegal for Hindus, Jains, Buddhists, and Sikhs. Only Muslim men in India are allowed to have up to 4 wives, as they are subject to Sharia law.[87]

There was one example of polyandry in the ancient Hindu epic, Mahabharata: Draupadi marries the five Pandava brothers. Regarding polygyny, in Ramayana, father of Ram, King Dasharath has three wives, but Ram has pledged himself just one wife.

In the post-Vedic periods, polygamy declined in Hinduism, and is now considered immoral.[88]

Islam[edit]

Main article: Polygyny in Islam
Azim Azimzade. "The old wife and the new one". 1935

In Islam, polygyny is allowed, with the specific limitation that a man can have four wives at any one time. The Muslim Prophet Muhammad had total nine wives, but not all at the same time, depending on the sources in his lifetime. He had nine wives at the time of his death. The Qur'an clearly states that men who choose this route must deal with their wives justly. If the husband fears that he cannot deal with his wives justly, then he should only marry one. The Qur'an does not give preference in marrying more than one wife but allows it to make it easier on a woman who has no support. A husband does not have to have permission from his first wife.[89] However, the wife can set a condition, before marriage, that the husband cannot marry another woman during their marriage. In such a case, the husband cannot marry another woman as long as he is married to his wife.[90]

Women, on the other hand, are only allowed to marry one husband, although they are allowed to remarry after a divorce. Although many Muslim countries still retain traditional Islamic law that permits polygyny, secular elements within some Muslim societies challenge its acceptability. Polygyny is prohibited by law in some Muslim-majority countries that have not adopted Islamic law for marital regulations, such as Azerbaijan, Tunisia and Turkey.

Polygyny, and laws concerning polygyny, differ greatly throughout the Islamic world and form a very complex and diverse background from nation to nation. Whereas in some Muslim countries it may be fairly common, in most others it is often rare or non-existent. According to traditional Islamic law, a man may take up to four wives, and each of those wives must have her own property, assets, and dowry. Usually the wives have little to no contact with each other and lead separate, individual lives in their own houses, and sometimes in different cities, though they all share the same husband.

In the modern Islamic world, polygyny is found in Saudi Arabia, and West and East Africa; in Sudan it was encouraged by the President Omar al-Bashir in 2001 to increase the population.[91] Among the 22 member states of the Arab League, Tunisia alone explicitly prohibits polygyny; however, it is generally frowned upon in many of the more secularized Arab states, such as Egypt.[citation needed] Few other countries including Libya and Morocco require the written permission of the first wife if her husband wishes to marry a second, third, or fourth wife.

Judaism[edit]

See also: Pilegesh

Multiple marriage was considered a realistic alternative in the case of famine, widowhood, or female infertility[92] like in the practice of levirate marriage, wherein a man was required to marry and support his deceased brother's widow, as mandated by Deuteronomy 25:5–10. Despite its prevalence in the Hebrew bible, scholars do not believe that polygyny was commonly practiced in the biblical era because it required a significant amount of wealth.[93] Michael Coogan, in contrast, states that "Polygyny continued to be practised well into the biblical period, and it is attested among Jews as late as the second century CE."[94]

The Torah, Judaism's central text, includes a few specific regulations on the practice of polygamy,[95] such as Exodus 21:10: "If he take another wife for himself; her food, her clothing, and her duty of marriage, shall he not diminish".[96] Deuteronomy 21:15–17, states that a man must award the inheritance due to a first-born son to the son who was actually born first, even if he hates that son's mother and likes another wife more;[97] and Deuteronomy 17:17 states that the king shall not have too many wives.[98] The king's behavior is condemned by Prophet Samuel in 1 Samuel 8. (The understanding of the Jewish perspective on co-wives may also be derived from the Hebrew word for co-wife found in the Tanakh, "צרה" [Tza'rah], which forms the same root as the Yiddush word, "צרות" [Tzoo'rus], meaning "trouble".) It is important to note, as explained by Israeli lexicographer Vadim Cherny, that the Torah carefully distinguishes concubines and "sub-standard" wives with prefix "to" (lit. "took to wives").[99] Despite these nuances to the biblical perspective on polygamy, many important figures had more than one wife, such as in the instances of Esau (Gen 26:34; 28:6-9),[96] Moses (Ex 2:21;Num 12:1),[96] Jacob (Gen 29:15-28),[96] Elkanah (1 Samuel 1:1-8),[96] David (1 Samuel 25:39-44; 2 Samuel 3:2-5; 5:13-16),[96] and Solomon (1 Kings 11:1-3).[96]

The monogamy of the Roman Empire was the cause of two explanatory notes in the writings of Josephus describing how the polygamous marriages of Herod were permitted under Jewish custom.[100]

Rabbi Chaim Gruber speculates that the underlying reason why the Torah allows a man more than one wife at a time, while a woman is permitted only one husband at a time, is biological.:[101] No one could deny that a man has the ability to simultaneously father children with more than one woman. However, it is improbable for a woman to become simultaneously pregnant from more than one man. Therefore, as "marriage", in strict or broad sense, means a joining together, as the genes of a man can simultaneously be joined together with the genes of multiple women via different conceptions, a man, Rabbi Gruber states, can be married to more than one woman at once. A woman, however, is not naturally so joined to more than one man at a time. This considered, the rabbi speculates that the intent of the allowance of polygamy is "not to say that monogamous marriage isn't ideal", but rather to create a social structure inclusive of this natural phenomenon; "…as a man may be linked to several women at once, it is better to consider these multiple relationships legit, than to criminalize them and put them outside the bounds of normality. Doing so would wrongly shame many as 'living in sin,' and also unjustly condemn countless kids as 'bastards'."

The Rabbinical era that began with the destruction of the second temple in Jerusalem in 70 CE saw a continuation of some degree of legal acceptance for polygamy. In the Babylonian Talmud (BT), Kiddushin 7a, its states, "Raba said: [If a man declares,] 'Be thou betrothed to half of me,' she is betrothed: 'half of thee be betrothed to me,' she is not betrothed."[102] The BT during a discussion of Levirate marriage in Yevamot 65a appears to repeat the precedent found in Exodus 21:10: "Raba said: a man may marry wives in addition to the first wife; provided only that he possesses the means to maintain them."[103] The Jewish Codices began a process of restricting polygamy in Judaism. The Rambam's Mishneh Torah, while maintaining the right to multiple spouses, and the requirement to provide fully for each as indicated in previously cited sources, went further: "He may not, however, compel his wives to live in the same courtyard. Instead, each one is entitled to her own household."[104] Finally, the most authoritative codex, the Shulchan Aruch, builds on all of the previous works by adding further nuances: "…but in any event, our sages have advised well not to marry more than four wives, in order that he can meet their conjugal needs at least once a month. And in a place where it is customary to marry only one wife, he is not permitted to take another wife on top of his present wife."[105] As can be seen, while the tradition of the Rabbinic period began with providing legal definition for the practice of polygamy (although this does not indicate the frequency with which polygamy in fact occurred) that corresponded to precedents in the tanakh, by the time of the Codices the Rabbis had greatly reduced or eliminated sanction of the practice.

Most notable in the Rabbinic period on the issue of polygamy, though more specifically for Ashkenazi Jews, was the synod of Rabbeinu Gershom. About 1000 CE he called a synod which decided the following particulars: (1) prohibition of polygamy; (2) necessity of obtaining the consent of both parties to a divorce; (3) modification of the rules concerning those who became apostates under compulsion; (4) prohibition against opening correspondence addressed to another.[citation needed] These prohibitions remained in force for one thousand years.

In the modern day, polygamy is uncommon in Rabbinic Judaism, especially among European Jews. Ashkenazi Jews have continued to follow Rabbenu Gershom's ban since the 11th century.[106] Some Sephardi and Mizrahi Jews (particularly those from North Africa, Yemen, Kurdistan, and Iran) discontinued polygamy much more recently, as they emigrated to countries where it was forbidden. However polygamy still occurs in non-European Jewish communities that exist in countries where it is not forbidden, such as Jewish communities in Yemen and the Arab world. Because of the Jewish exodus from Arab and Muslim countries, in the first decade of the 21st century there were only some 4,500 Jews left in the Arab world and in 2012 only 8,756 in Iran, with few young people among them.[citation needed]

Among Karaite Jews, who do not adhere to Rabbinic interpretations of the Torah, polygamy is almost non-existent today. Like other Jews, Karaites interpret Leviticus 18:18 to mean that a man can only take a second wife if his first wife gives her consent (Keter Torah on Leviticus, pp. 96–97) and Karaites interpret Exodus 21:10 to mean that a man can only take a second wife if he is capable of maintaining the same level of marital duties due to his first wife; the marital duties are 1) food, 2) clothing, and 3) sexual gratification. Because of these two biblical limitations and because most countries outlaw it, polygamy is considered highly impractical, and there are only a few known cases of it among Karaite Jews today.

Israel has made polygamy illegal.[107][108] Provisions were instituted to allow for existing polygamous families immigrating from countries where the practice was legal. Furthermore, former chief rabbi Ovadia Yosef[109] has come out in favor of legalizing polygamy and the practice of pilegesh (concubine) by the Israeli government.

Tzvi Zohar, a professor from the Bar-Ilan University, recently suggested that based on the opinions of leading halachic authorities, the concept of concubines may serve as a practical Halachic justification for premarital or non-marital cohabitation.[110][111]

Criticism[edit]

Evolution pioneer Charles Darwin alleged that men have historically practiced polygamy as a way to both please their sexual desire and maintain household dominance. In his 1871 book The Descent of Man, Darwin stated that "Judging from the social habits of man as he now exists, and from most savages being polygamists, the most probable view is that primeval man aboriginally lived in small communities, each with as many wives as he could support and obtain, whom he would have jealously guarded against all other men."[112]

Refuting allegations that polygamy helps reduce the rate of poverty among struggling widows and orphans,[113] a medical study conducted by the Croatian Medical Journal in African nations that legalized the practice found the odds are more likely that families of men having the right to marry multiple wives will conceive multiple numbers of children who will cost huge sums of money to provide for.[113] The study also noted that the temptation for sexual intercourse that has often come with polygamy, regardless of whether a man has multiple wives or vice versa, has been a major contributor to the HIV/AIDS epidemic in Africa as well.[113]

Also, a 2012 study from the University of British Columbia shows that, in polygamist cultures, "the intra-sexual competition that occurs causes greater levels of crime, violence, poverty and gender inequality than in societies that institutionalize and practice monogamous marriage".[114]

Additionally, a 2013 study published in the International Journal of Psychology and Counselling showed "that there is a significant difference in the overall academic achievement of students from monogamous families and those from polygamous families" and "that life in polygamous family can be traumatic and children brought up in such family structure often suffer some emotional problems such as lack of warmth, love despite availability of money and material resources, and disciplinary problems which may hinder their academic performance."[115]

Legalization[edit]

United States[edit]

Polygamy is currently illegal in the United States. On December 13, 2013, a federal judge, spurred by the American Civil Liberties Union and other groups,[116] struck down the parts of Utah's bigamy law that criminalized cohabitation,[117] while also acknowledging that the state may still enforce bans on having multiple marriage licenses.[117]

In the U.S., the Libertarian Party supports complete decriminalization of polygamy as part of a general belief that the government should not regulate marriages.[118] Individualist feminism and advocates such as Wendy McElroy also support the freedom for adults to voluntarily enter polygamous marriages.[119]

In an October 2004 op-ed for USA Today, George Washington University law professor Jonathan Turley "argued that, as a simple matter of equal treatment under law, polygamy ought to be legal. Acknowledging that underage girls are sometimes coerced into polygamous marriages, Turley replied that banning polygamy is no more a solution to child abuse than banning marriage would be a solution to spousal abuse."[120]

There is another, more "conservative" case for polygamy, too: "By legitimizing polygamy and allowing its practitioners to join mainstream society, we can monitor and regulate the practice, thereby reducing any problems. On Big Love, for example, one polygamous wife won't visit a hospital for fear of alerting the authorities. Legalize polygamy, the argument goes, and marriage and divorce law will protect polygamous wives, instead of scaring them into hiding."[120]

Stanley Kurtz, a fellow at the Hudson Institute, however, lamented the modern arguments made by intellectuals calling for de-criminalizing polygamy. Kurtz concluded, "Marriage, as its ultramodern critics would like to say, is indeed about choosing one's partner, and about freedom in a society that values freedom. But that's not the only thing it is about. As the Supreme Court justices who unanimously decided Reynolds in 1878 understood, marriage is also about sustaining the conditions in which freedom can thrive. Polygamy in all its forms is a recipe for social structures that inhibit and ultimately undermine social freedom and democracy. A hard-won lesson of Western history is that genuine democratic self-rule begins at the hearth of the monogamous family."[120]

See also[edit]

References[edit]

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Bibliography[edit]

External links[edit]

Media related to Polygamy at Wikimedia Commons