Historical Inheritance Systems
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Historical inheritance systems are different systems of
inheritance Inheritance is the practice of receiving private property, Title (property), titles, debts, entitlements, Privilege (law), privileges, rights, and Law of obligations, obligations upon the death of an individual. The rules of inheritance differ ...
among various people. Detailed
anthropological Anthropology is the scientific study of humanity, concerned with human behavior, human biology, cultures, societies, and linguistics, in both the present and past, including past human species. Social anthropology studies patterns of behavi ...
and
sociological Sociology is a social science that focuses on society, human social behavior, patterns of social relationships, social interaction, and aspects of culture associated with everyday life. It uses various methods of empirical investigation and ...
studies have been made about customs of
patrilineal Patrilineality, also known as the male line, the spear side or agnatic kinship, is a common kinship system in which an individual's family membership derives from and is recorded through their father's lineage. It generally involves the inheritanc ...
inheritance, where only male children can inherit. Some cultures also employ
matrilineal Matrilineality is the tracing of kinship through the female line. It may also correlate with a social system in which each person is identified with their matriline – their mother's Lineage (anthropology), lineage – and which can in ...
succession, where property can only pass along the female line, most commonly going to the sister's sons of the decedent; but also, in some societies, from the mother to her daughters. Some ancient societies and most modern states employ
egalitarian Egalitarianism (), or equalitarianism, is a school of thought within political philosophy that builds from the concept of social equality, prioritizing it for all people. Egalitarian doctrines are generally characterized by the idea that all hum ...
inheritance, without discrimination based on gender and/or birth order.


Cross cultural research about systems of inheritance


Land inheritance

Land inheritance customs greatly vary across cultures. The ''
Ethnographic Atlas The Standard Cross-Cultural Sample (SCCS) is a sample of 186 cultures used by scholars engaged in cross-cultural studies. Origin Cross-cultural research entails a particular statistical problem, known as Galton's problem: tests of functional relat ...
'' gives the following data regarding land distribution:
primogeniture Primogeniture ( ) is the right, by law or custom, of the firstborn legitimate child to inherit the parent's entire or main estate in preference to shared inheritance among all or some children, any illegitimate child or any collateral relativ ...
predominates in 247 societies, while
ultimogeniture Ultimogeniture, also known as postremogeniture or junior right, is the tradition of inheritance by the last-born of a privileged position in a parent's wealth or office. The tradition has been far rarer historically than primogeniture (sole inhe ...
prevails in 16. In 19 societies land is exclusively or predominantly given to the one adjudged best qualified, while equality predominates in 301 societies. Regarding land inheritance rules, in 340 societies sons inherit, in 90 other patrilineal heirs (such as brothers), in 31 sister's sons, in 60 other matrilineal heirs (such as daughters or brothers), and in 98 all children. In 43 societies land is given to all children, but daughters receive less. In 472 societies, the distribution of inherited land follows no clear rules or information is missing, while in 436 societies inheritance rules for real property do not exist or data is missing; this is partly because there are many societies where there is little or no land to inherit, such as in
hunter-gatherer A traditional hunter-gatherer or forager is a human living an ancestrally derived lifestyle in which most or all food is obtained by foraging, that is, by gathering food from local sources, especially edible wild plants but also insects, fungi, ...
, pastoral societies or societies. Patrilineal primogeniture, where the eldest son inherits, was customary among many cultures around the world. Patrilineal ultimogeniture, where the youngest son inherits, was customary among a number of cultures including:
Fur Fur is a thick growth of hair that covers the skin of mammals. It consists of a combination of oily guard hair on top and thick underfur beneath. The guard hair keeps moisture from reaching the skin; the underfur acts as an insulating blanket t ...
, Fali, Sami (also called Lapp), Bashkir, Chuvash, Gagauz, Vep, Tatar, Achang, Ayi,
Atayal Atayal may refer to: * Atayal people * Atayal language The Atayal language is spoken by the Atayal people of Taiwan. Squliq and C’uli’ (Ts’ole’) are two major dialects. Mayrinax and Pa’kuali’, two subdialects of C’uli’, are uniqu ...
, Kachi, Biate, Chinantec, Hmar, Mro,
Kom Kom or KOM may refer to: Ethnic groups * Kom people (Afghanistan), a Nuristani tribe in Afghanistan and Pakistan * Kom people (Cameroon), an ethnic group of northwest Cameroon * Kom people (India) a subgroup of the Kuki in north-eastern India * ...
, Purum and Lushei or Lushai (sometimes mistakenly taken for the whole Mizo people, especially in the past). Among English peasants there was no clearly prevalent inheritance pattern, while Spanish Basques gave their land to the one considered best qualified, though they had a preference for sons. Giving more or less equal shares of land to sons, but excluded daughters was also common in many populations, as was giving relatively equal shares to both sons and daughters or slightly less to daughters. The same system prevails in contemporary Egypt and most Arab groups (see
Sharia Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the H ...
). Most non-Arab Muslims, with some exceptions (Caucasians, Iranians), historically followed their own inheritance customs, not those of the Sharia. In Ancient Egypt the eldest son inherited twice as much as other sons, and in earlier times he was the sole heir. Among the Lao, the Aceh, the Guanches, and the Minangkabau, all daughters inherited equal shares of land. The Cham, the Jaintia, the Garo, and the Khasi practiced female ultimogeniture. Primogeniture, regardless of the sex of the child, was customary among the Paiwan, the
Ifugao Ifugao, officially the Province of Ifugao ( ilo, Probinsia ti Ifugao; tl, Lalawigan ng Ifugao), is a landlocked province of the Philippines in the Cordillera Administrative Region in Luzon. Its capital is Lagawe and it borders Benguet to the wes ...
, the
Chugach Chugach , Chugach Sugpiaq or Chugachigmiut is the name of an Alaska Native people in the region of the Kenai Peninsula and Prince William Sound on the southern coast of Alaska. The Chugach people are an Alutiiq (Pacific Eskimo) people who speak ...
, and the French Basques. While ultimogeniture, regardless of the sex of the child, was customary among the Chuvash and the Mari. Bilateral primogeniture is a rarer custom of inheritance where the eldest son inherits from the father and the eldest daughter inherits from the mother. This practice was common among the Classic Mayas, who transmitted the family's household furnishings from mother to eldest daughter, and the family's land, houses and agricultural tools from father to eldest son. It was also seen in the Greek island of Karpathos, where the family's house was transmitted from mother to eldest daughter, and the family's land was transmitted from father to eldest son. Among the Igorot, the father's land is inherited by his eldest son and the mother's land is inherited by her eldest daughter. A review of numerous studies found that the pattern of land inheritance traditionally prevalent among English, Dutch and New Englander peasants was
partible inheritance Partible inheritance is a system of inheritance in which property is apportioned among heirs. It contrasts in particular with primogeniture, which was common in feudal society and requires that the whole or most of the inheritance passes to the el ...
. The pattern of land inheritance traditionally prevalent among Russian peasants was found to be close to patrilineal primogeniture, "as oldest sons may well inherit more". The conclusions of this review contradicts previous reports that Russians practiced equal inheritance of land by all sons and that the English, Dutch and New Englanders had no definite inheritance pattern. In easternmost Europe, Patrilineal ultimogeniture prevailed among most Turkic peoples. Equal inheritance of property by all sons prevailed among most Finno-Ugric peoples, and patrilineal primogeniture prevailed among Estonians and Balts. Inheritance customs are sometimes considered a culturally distinctive aspect of a society. Although it is often thought that the
Mizos The Mizo people ( Mizo: ''Mizo hnam'') are an ethnic group native to the Indian state of Mizoram and neighbouring regions of Northeast India. The term covers several related ethnic groups or clans inside the Mizo group. All Mizo tribes and cla ...
employ ultimogeniture, this is because the customs of
Lushai The Mizo people ( Mizo: ''Mizo hnam'') are an ethnic group native to the Indian state of Mizoram and neighbouring regions of Northeast India. The term covers several related ethnic groups or clans inside the Mizo group. All Mizo tribes and cla ...
s or Lusheis are confused with those of all Mizos; Mizo and Lushai have been occasionally used interchangeably. Among most non-Lushai Mizos, primogeniture predominates, just as among Kukis. In general there is great confusion about the ethnic identity of the many northeastern Indian tribes. Some regard the generic term
Zomi The Zomi are an ethnic group which can be found in India, Myanmar and in Chittagong hill tracks of Bangladesh. The word Zomi is used to describe an ethnic group, which is also known as the Chin people, Chin, the Mizo people, Mizo, the Kuki peop ...
as most appropriate.


Inheritance of movable property

The same disparity is seen regarding inheritance of movable property. Most nomadic peoples from Asia, for example the
Khalka Mongols The Khalkha ( Mongolian: mn, Халх, Halh, , zh, 喀爾喀) have been the largest subgroup of Mongol people in modern Mongolia since the 15th century. The Khalkha, together with Chahars, Ordos and Tumed, were directly ruled by Borjigin khans ...
, give a more or less equal share of the herd to each son as he marries. Typically the youngest remain behind caring for the parents and inheriting his father's tent after their death in addition to his own share of the herd. However, others, such as the
Yukaghir The Yukaghirs, or Yukagirs ( (), russian: юкаги́ры) are a Siberian ethnic group people in the Russian Far East, living in the basin of the Kolyma River. Geographic distribution The Tundra Yukaghirs live in the Lower Kolyma region ...
and the Yakuts, leave most of the herd to one son (in the above examples the youngest and the eldest, respectively). Some pastoral peoples from other geographical areas also practice unequal wealth transfers, although customs of equal male inheritance are more common among them than among agriculturalists. Patrilineal primogeniture with regards to both livestock and land was practiced by the
Tswana people The Tswana ( tn, Batswana, singular ''Motswana'') are a Bantu-speaking ethnic group native to Southern Africa. The Tswana language is a principal member of the Sotho-Tswana language group. Ethnic Tswana made up approximately 85% of the popu ...
, whose main source of wealth was livestock, although they also practiced agriculture. This practice was also seen in other southern Bantu peoples, such as the
Tsonga Tsonga may refer to: * Tsonga language, a Bantu language spoken in southern Africa * Tsonga people, a large group of people living mainly in southern Mozambique and South Africa. * Jo-Wilfried Tsonga Jo-Wilfried Tsonga (; born 17 April 1985) i ...
, or the
Venda Venda () was a Bantustan in northern South Africa, which is fairly close to the South African border with Zimbabwe to the north, while to the south and east, it shared a long border with another black homeland, Gazankulu. It is now part of the ...
. Although, among the Venda, while the livestock was inherited by the eldest son, land was not inherited within families but given to each son by village authorities as he married. Among the Tsonga, most of the land was used only for stockbreeding. Patrilineal primogeniture also prevailed among the neighboring Khoi peoples, of whom only the Nama (among whom patrilineal primogeniture also prevailed)remain. Many other African peoples also practiced patrilineal primogeniture with regards to livestock. These included: The Ngoni, the Gogo, the Mangbetu, the Rendille, the Sapo, the Boran, the Gabra, the Plains Pokot, the Hema, the Beti-Pahuin, the Buduma, the
Dogon Dogon may refer to: *Dogon people, an ethnic group living in the central plateau region of Mali, in West Africa *Dogon languages, a small, close-knit language family spoken by the Dogon people of Mali *''Dogon A.D.'', an album by saxophonist Julius ...
, the Duala, the Djafun and the
Kassena The Kassena people are an ethnic group located along the northern Ghana and Burkina Faso border. They speak the Kasem language. Their king lives in the town of Tiébélé. The Kasenna are closely related to the people of Nankanni and were brough ...
. According to the Ethnographic Atlas, the Fulbe or Fulani, the largest pastoral people in Africa, divided their livestock equally between all sons. However, according to some other sources they practiced male primogeniture. Chukchi, Koryak and
Ket Kentucky Educational Television (KET) is a state network of PBS member television stations serving the U.S. Commonwealth of Kentucky. It is operated by the Kentucky Authority for Educational Television, an agency of the Kentucky state governm ...
peoples practiced male ultimogeniture. It has been stated that the rest of Siberian peoples, such as Voguls,
Samoyeds The Samoyedic people (also Samodeic people)''Some ethnologists use the term 'Samodeic people' instead 'Samoyedic', see are a group of closely related peoples who speak Samoyedic languages, which are part of the Uralic family. They are a linguis ...
or Khantys, practiced patrilineal primogeniture, though there isn't much reliable information about the traditional customs of Siberian peoples. It is said that
Gilyaks The Nivkh, or Gilyak (also Nivkhs or Nivkhi, or Gilyaks; ethnonym: Нивхгу, ''Nʼivxgu'' (Amur) or Ниғвңгун, ''Nʼiɣvŋgun'' (E. Sakhalin) "the people"), are an indigenous ethnic group inhabiting the northern half of Sakhalin Island ...
divided their cattle equally between all sons. Patrilineal primogeniture was also traditionally prevalent among pastoral peoples from Australia, such as the Aranda, as well as among Himalayan pastoralists like the Changpa. Patrilineal primogeniture was traditionally prevalent among some pastoral peoples from Greenland and northern Canada. The neighboring indigenous peoples of the Pacific Northwest Coast were organized in societies where elder sons and their lines of descent had higher status than younger sons and their lines of descent (a "conical clan"), although a rule of patrilineal primogeniture couldn't develop among most of them since they were mostly hunter-gatherers. However, rule of patrilineal primogeniture did develop among some Canadian indigenous peoples who practiced agriculture, such as the Montagnais, the Kutchin, the Pikangikum, the
Ojibwa The Ojibwe, Ojibwa, Chippewa, or Saulteaux are an Anishinaabe people in what is currently southern Canada, the northern Midwestern United States, and Northern Plains. According to the U.S. census, in the United States Ojibwe people are one of ...
, the Klallam and the Atsugewi. Canadian indigenous peoples were influenced by the ancient
Thule Thule ( grc-gre, Θούλη, Thoúlē; la, Thūlē) is the most northerly location mentioned in ancient Greek literature, ancient Greek and Latin literature, Roman literature and cartography. Modern interpretations have included Orkney, Shet ...
culture, of which little is known with certainty.


Other sources

Intergenerational wealth transmission among agriculturalists tends to be rather unequal. Only slightly more than half of the societies studied practice equal division of real property; customs to preserve land relatively intact (most commonly primogeniture) are very common. Wealth transfers are more egalitarian among pastoralists, but unequal inheritance customs also prevail in some of these societies, and they are strongly patrilineal. A study of 39 non-Western societies found many customs that distinguished between children according to their sex and birth order. First sons, in comparison to other sons, "are likely to inherit or otherwise gain control of more family land, livestock, or other wealth." First sons inherited more than the other sons among 11 societies studied. Among the
Todas Toda people are a Dravidian ethnic group who live in the Indian states of Tamil Nadu. Before the 18th century and British colonisation, the Toda coexisted locally with other ethnic communities, including the Kota, Badaga and Kurumba, in a ...
, both first and last sons inherited more than the other sons. Last sons inherited more than the other sons among the Lolo and the Yukaghir, and inherited less among the
Luo Luo may refer to: Luo peoples and languages *Luo peoples, an ethno-linguistic group of eastern and central Africa **Luo people of Kenya and Tanzania or Joluo, an ethnic group in western Kenya, eastern Uganda, and northern Tanzania. ***Luoland, the ...
. The people found to have the greatest number of customs favourable to first sons in the study were the Tswana, followed closely by the Azande. The people with the greatest number of customs favorable to last sons in their study were the Lolo. This study confirmed ethnographers' claims that customs favorable to first sons were common in South Asia, Austronesia and Sub-Saharan Africa, while customs favorable to last sons were common among the ethnic minorities of Southwest China. The only custom that distinguished between sons among the Dagor Mongols was that first sons received more respect from his siblings and last sons received less respect from their siblings. This contradicts those theories that maintain that peoples of the Asian steppe had strong customs favorable to first or last sons. In fact, the indigenous American peoples had significantly more customs favorable to first sons than the Dagor Mongols. Among Arab peoples, such as the Egyptian Fellahin, all sons inherited the same and had the same wealth. This was also seen among the Alaska Native peoples such as the
Eyak The Eyak ( Eyak: ʔi·ya·ɢdəlahɢəyu·, literally "inhabitants of Eyak Village at Mile 6"Krauss, Michael E. 1970. ''Eyak dictionary''. University of Alaska and Massachusetts Institute of Technology 1963-1970) are a Native American indigenous ...
.
Jack Goody Sir John Rankine Goody (1919–2015) was an English social anthropologist. He was a prominent lecturer at Cambridge University, and was William Wyse Professor of Social Anthropology from 1973 to 1984. Among his main publications were ''Death, ...
was an influential anthropologist during the twentieth century. However, his theories have been mostly rejected during the last decades. He made a distinction between a complete and a preferential form of primogeniture and ultimogeniture. In the complete form of both customs, the rest of the children are excluded from the inheritance. However, in the preferential form of primogeniture, the eldest son acts as custodian of the father's rights on behalf of his brothers. In the preferential form of ultimogeniture, the youngest son inherits the residue of his father's property after elder sons have received their shares during the father's lifetime. Goody called ultimogeniture "Borough English" and primogeniture "Borough French" because in England ultimogeniture was a native custom, while primogeniture was a custom brought by the Norman invaders. According to Goody, in Late Medieval England, patrilineal primogeniture predominated in feudal tenures and among the peasantry of large parts of the Midlands. Patrilineal ultimogeniture ("Borough English") prevailed elsewhere in the champion country. Partible inheritance (''gavelkind'') prevailed in Kent, East Anglia and the Celtic areas. Both preferential primogeniture and preferential ultimogeniture were practiced in pre-revolutionary Russia, where the eldest son succeeded as family head and inherited more than the other sons. "The youngest son, if he remained with the father, inherited the house and also at times other property" (''minorat''). However, the share of land and moveables of the other sons was only slightly smaller than that of the eldest and the youngest son. Only in the southern part of the country was the house inherited by the youngest son; in the north it was inherited by the eldest son. The Russian family of around 1900 considered property such as the house, agricultural implements, livestock and produce as belonging collectively to all family members. When the father died, his role as head of the family (known as Khozain, or Bolshak ) was passed to the oldest person in the house. In some areas this was the oldest son. In others it was the oldest brother of the deceased so long as he lived in the same house. There were some areas were a new head would be elected by the family members. If all surviving members of the family were under age, a relation would become a co-proprietor. If property was divided after a death, each adult male in the house got an equal share. Sons who had left home did not have a right of succession. Females remained within the family and received a share of the inheritance when they married. In the north of Russia, the oldest son inherited the house. In the south the eldest son would have set up a separate house while the father was still alive, therefore the youngest inherited the fathers house upon his death.


Systems of inheritance among various people

Throughout history, creative inheritance systems have been created, fitting the best needs of the various people according to their unique environment and challenges.


Inheritance customs as a cultural dimension

Inheritance customs do not follow clear ethnic, linguistic or geographical patterns. Equality between all sons and a subordinate position of women, with the exclusion of daughters from inheriting, are prominent aspects of Hungarian, Albanian, Romanian, Armenian, and most Slavic or Latin American cultures. While many studies show the privileged position that the eldest son traditionally enjoyed in Slovene, Finnish or Tibetan culture. The Jaintia, the Garo and the Khasi, on the other hand, traditionally privileged the youngest daughter. Some peoples, like the Dinka, the Arakanese, the
Chins The chin is the forward pointed part of the anterior mandible ( mental region) below the lower lip. A fully developed human skull has a chin of between 0.7 cm and 1.1 cm. Evolution The presence of a well-developed chin is considered to be one ...
of Myanmar, or the
Karen Karen may refer to: * Karen (name), a given name and surname * Karen (slang), a term and meme for a demanding woman displaying certain behaviors People * Karen people, an ethnic group in Myanmar and Thailand ** Karen languages or Karenic l ...
, frequently show a compromise between primogeniture and ultimogeniture in their inheritance patterns. Although among many Chins of Myanmar, the advantage that the eldest and the youngest son have over other sons is really small, so it is not correct to speak of a true pattern of mixed primogeniture and ultimogeniture. The advantage of the eldest and the youngest son is somewhat more ample among the Dinka and the Arakanese. The compromise between primogeniture and ultimogeniture was also found among the Kachin and the Dilling, as well as among the
Sherpa Sherpa may refer to: Ethnography * Sherpa people, an ethnic group in north eastern Nepal * Sherpa language Organizations and companies * Sherpa (association), a French network of jurists dedicated to promoting corporate social responsibility * ...
to some degree. This pattern of inheritance is also reported for many Fulbe villages in the Republic of Guinea, though it seems that in past times the eldest son inherited all in Guinea. Sometimes inheritance customs do not entirely reflect social traditions. Romans valued sons more than daughters, and Thais and Shan showed the reverse pattern, though all practiced equal land inheritance between all children. The
Shan people The Shan people ( shn, တႆး; , my, ရှမ်းလူမျိုး; ), also known as the Tai Long, or Tai Yai are a Tai ethnic group of Southeast Asia. The Shan are the biggest minority of Burma (Myanmar) and primarily live in th ...
, who live mostly in northern Thailand and northeastern Myanmar, are markedly matrilocal. In Han Chinese tradition, the eldest son was of special importance. The law punished more harshly offences by a younger brother against an elder brother than vice versa. The eldest son received the family headship in cases where the family held together as a single unit, and the largest share in cases of family division, since he also inherited the cult to family ancestors. This is still practiced in Taiwan nowadays, though Chinese peasants have practiced partible inheritance since the time of the
Qin Qin may refer to: Dynasties and states * Qin (state) (秦), a major state during the Zhou Dynasty of ancient China * Qin dynasty (秦), founded by the Qin state in 221 BC and ended in 206 BC * Daqin (大秦), ancient Chinese name for the Roman Emp ...
and Han Dynasties, when the previous system of male primogeniture was abolished. In some cases, the eldest son of the eldest son, rather than the eldest son, was favored. Ritual primogeniture was emphasized in the lineage organizations of North China. During the
Longshan culture The Longshan (or Lung-shan) culture, also sometimes referred to as the Black Pottery Culture, was a late Neolithic culture in the middle and lower Yellow River valley areas of northern China from about 3000 to 1900 BC. The first archaeological fi ...
period and the period of the three Dynasties (
Xia Xia (Hsia in Wade–Giles) may refer to: Chinese history * Xia dynasty (c. 2070 – c. 1600 BC), the first orthodox dynasty in Chinese history * Xia (Sixteen Kingdoms) (407–431), a Xiongnu-led dynasty * Xia (617–621), a state founded by Dou Ji ...
, Zhou and
Shang The Shang dynasty (), also known as the Yin dynasty (), was a Chinese royal dynasty founded by Tang of Shang (Cheng Tang) that ruled in the Yellow River valley in the second millennium BC, traditionally succeeding the Xia dynasty and f ...
), patrilineal primogeniture predominated. Among
Mongols The Mongols ( mn, Монголчууд, , , ; ; russian: Монголы) are an East Asian ethnic group native to Mongolia, Inner Mongolia in China and the Buryatia Republic of the Russian Federation. The Mongols are the principal membe ...
it has been usually stated that the youngest son had a special position because he cared for his parents in their old age. On their death he inherited the parental tent, which was connected with the religious cult in Mongol traditions, though all sons received more or less equal shares of livestock as they married. However, in contrast to this popularly held notion, more rigorous and substantiated anthropological studies of kinship and family in central Asian peoples strongly indicate that in these societies elder sons and their lines of descent had higher status than younger sons and their lines of descent. In central Asia, all members of a lineage were terminologically distinguished by generation and age, with senior superior to junior. The lineage structure of central Asia had three different modes: genealogical distance, or the proximity of individuals to one another on a graph of kinship; generational distance, or the rank of generation in relation to a common ancestor; and birth order, the rank of brothers in relation to each another. The paternal descent lines were collaterally ranked according to the birth of their founders, and were thus considered senior and junior to each other. Of the various collateral patrilines, the senior in order of descent from the founding ancestor, the line of eldest sons, was the most noble. In the steppe, no one had his exact equal; everyone found his place in a system of collaterally ranked lines of descent from a common ancestor. It was according to this idiom of superiority and inferiority of lineages derived from birth order that legal claims to superior rank were couched. Furthermore, at least among Mongols, the elder son inherited more than the younger son, and this is mandated by law codes such as the
Yassa Yassa (alternatively: ''Yasa'', ''Yasaq'', ''Jazag'', ''Zasag'', mn, Их засаг, ''Ikh Zasag'') was the oral law code of the Mongols declared in public in Bukhara by Genghis Khan'' de facto'' law of the Mongol Empire even though the "law" ...
, created by
Genghis Khan ''Chinggis Khaan'' ͡ʃʰiŋɡɪs xaːŋbr />Mongol script: ''Chinggis Qa(gh)an/ Chinggis Khagan'' , birth_name = Temüjin , successor = Tolui (as regent)Ögedei Khan , spouse = , issue = , house = Borjigin , ...
. Among Arabic peoples, it is sometimes argued that the expansion of
Islam Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic religions, Abrahamic Monotheism#Islam, monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God in Islam, God (or ...
brought an end to the sharp distinction between the firstborn and other sons so characteristic of ancient
Semitic peoples Semites, Semitic peoples or Semitic cultures is an obsolete term for an ethnic, cultural or racial group. However, many peoples who have partially or completely embraced Islam, have also established inequality between sons, such as the Oromo of east Africa, who had patrilineal primogeniture in inheritance, in spite of the fact that some of them were Muslim. Other Muslim peoples, like the
Minangkabau Minangkabau may refer to: * Minangkabau culture, culture of the Minangkabau people * Minangkabau Culture Documentation and Information Center * Minangkabau Express, an airport rail link service serving Minangkabau International Airport (''see below' ...
and the Javanese of Indonesia, the Turks, or the Fur in Sudan, also have inheritance practices that contradict their Islamic beliefs. Most non-Arab Muslims historically followed their own inheritance customs, not those of the Sharia. In India, inheritance customs were (and still are) very diverse. Patrilineal primogeniture predominated in ancient times. The
Laws of Manu The ''Manusmṛiti'' ( sa, मनुस्मृति), also known as the ''Mānava-Dharmaśāstra'' or Laws of Manu, is one of the many legal texts and constitution among the many ' of Hinduism. In ancient India, the Rishi, sages often wrot ...
state that the oldest son inherits all of the father's estate. Since the Middle Ages patrilineal equal inheritance has prevailed in perhaps a majority of groups, although the eldest son often received an extra share. Under this system, the estate would be shared between all sons, but these would often remain together with their respective families under the headship of the karta or family head, who was usually the eldest son of the previous family head. However, among some South Asian peoples, such as the Western
Punjabi Punjabi, or Panjabi, most often refers to: * Something of, from, or related to Punjab, a region in India and Pakistan * Punjabi language * Punjabi people * Punjabi dialects and languages Punjabi may also refer to: * Punjabi (horse), a British Th ...
, male primogeniture continued to prevail.


Fertility and marriage strategies across diverse societies


Cross-cultural comparisons

The practice of
widow inheritance Widow inheritance (also known as bride inheritance) is a cultural and social practice whereby a widow is required to marry a male relative of her late husband, often his brother. The practice is more commonly referred as a levirate marriage, examp ...
by younger brothers has been observed in many parts of Africa and the Asian steppe, as well as small zones of South Asia. This practice forces younger brothers to marry older women. Eastern European cultures, on the other hand, are characterized by early, universal and equal access to marriage and reproduction, due to their systems of equal inheritance of land and movable property by all sons. Research on pre-industrial
Russian Karelia East Karelia ( fi, Itä-Karjala, Karelian: ''Idä-Karjala''), also rendered as Eastern Karelia or Russian Karelia, is a name for the part of Karelia that since the Treaty of Stolbova in 1617 has remained Eastern Orthodox under Russian supremacy. ...
however, suggests that younger brothers frequently remained unmarried, and the joint-family household characterized by the equal inheritance of land and moveable property by all sons and patriarchal power relations wasn't universal in Russia. The patrilineal joint-family systems and more or less equal inheritance for all son in India and China meant that there was no difference in marriage and reproduction due to birth order. In the stem-family systems of Northwest Europe however, access to marriage and reproduction wasn't equal for all sons, since only one of them would inherit most or all of the land. The survival and well-being of children in India and China is positively influenced by the number of older siblings of the opposite sex and negatively influenced by the number of older siblings of the same sex. However, definitive celibacy was historically relatively uncommon in India and China, but relatively common in many European societies where inheritance was impartible. The Han Chinese first sons historically married earlier, had lower rates of definitive celibacy and more children (especially males) than their younger brothers. However, they suffered higher mortality rates. This has been attributed to the fact that eldest sons needed to have more children to succeed them as heads and were willing to take more risks and suffer a higher drain of resources to achieve this. The Chinese joint family system had strong
inegalitarian Egalitarianism (), or equalitarianism, is a school of thought within political philosophy that builds from the concept of social equality, prioritizing it for all people. Egalitarian doctrines are generally characterized by the idea that all hum ...
traits that made it demographically more akin to a stem family system. According to
Emmanuel Todd Emmanuel Todd (, born 16 May 1951) is a French historian, anthropologist, demographer, sociologist and political scientist at the National Institute of Demographic Studies (INED) in Paris. His research examines the different family structures ar ...
and others, it be reminiscent of the system of patrilineal primogeniture prevalent during the
Longshan culture The Longshan (or Lung-shan) culture, also sometimes referred to as the Black Pottery Culture, was a late Neolithic culture in the middle and lower Yellow River valley areas of northern China from about 3000 to 1900 BC. The first archaeological fi ...
period and the period of the Three Dynasties.


Variations by class and context

There is a strong relationship between fertility and inheritance in "Malthusian" contexts of resource scarcity. In contexts where resources are plentiful, the relationship between inheritance and social outcomes can be different. In the Midwest and Northeast United States during the period from 1775 to 1875, where resources were plentiful, being the first son was positively correlated with wealth and fertility. As in other western cultures, but unlike European societies where resources were scarce, this has a complex relationship with inheritance. Inheritance practices and seniority of patriline, as well as the importance of inheritance itself, have varied over time among the
Lisu Lisu may refer to: *Lisu people, an ethnic group of Southeast Asia *Lisu language, spoken by the Lisu people * Old Lisu Alphabet or Fraser Alphabet *Lisu syllabary *Lisu (Unicode block), the block of Unicode characters for the Lisu language. *Lisu ...
. This was mostly in response to changes in resource availability and poppy cultivation. In the United States, daughters currently inherit on average more than sons. In the past, however, the eldest son was favored in matters of land inheritance. During the Colonial Period, the eldest son inherited twice more than the other sons in the northern colonies (these inheritance laws were modelled on
Mosaic Law The Law of Moses ( he, תֹּורַת מֹשֶׁה ), also called the Mosaic Law, primarily refers to the Torah or the first five books of the Hebrew Bible. The law revealed to Moses by God. Terminology The Law of Moses or Torah of Moses (Hebrew ...
), and in the southern colonies there was a rule of male primogeniture. In northern Ghana, a region where male primogeniture predominates, rich households favoured sons over daughters. It is likely that first born sons would have been preferred as they would inherit the wealth and therefore have higher reproductive prospects.


Cultural patterns of child-preference

In recent times inheritance in the western world has generally been egalitarian despite parents showing favoritism towards daughters and later-born sons. In parent-son relationships, mothers usually show favouritism towards the first son and fathers to later born sons however these tendencies have lost much of their importance with regards to inheritance. Customs of ultimogeniture among farmers has been explained as a consequence of postponing retirement so they do not feel "dethroned" early by their eldest son. This line of thinking has been linked to the preeminence of lastborn siblings in popular myth and folklore around the world. As a consequence, in some cultures that practice male preimogentiure there are ambiguous, contradictory feelings towards last born sons. Among the Hausa of West Africa, who practice primogeniture, the mother and oldest son engage in mutual avoidance behavior to mark the woman's positive change in status upon producing an heir. The father may also avoid the son if he is the mother's first male child, speaking to him through intermediaries rather than directly. Among the Mossi of central Burkina Faso in West Africa, the eldest son would be sent to relatives shortly after circumcision and return to the parental household shortly after puberty; after the death of his father he would inherit his property. A study of the people of the Pacific island Tikopia in 1929 found that the eldest son must marry and receive more land, while the younger sons remain bachelors, emigrate or even die. However, by 1952 many of the customs were being abandoned and marriage was beginning to become universal. In the succession to chieftainship, the traditional custom of male primogeniture continued though. In some societies in Sub-Saharan Africa where male primogeniture was practiced, tensions between parents and their inheriting eldest son were resolved through rituals of avoidance. This was most extreme among the
Tallensi Tallensi, also spelled Talensi, are a people of northern Ghana who speak a language of the Gur branch of the Niger-Congo language family. They grow millet and sorghum as staples and raise cattle, sheep, and goats on a small scale. Their normal do ...
. Among East Asian peoples, on the other hand, co-residence between parents and their eldest son was thought of as normal and desirable in systems of impartible inheritance, and in some countries such as Japan, Vietnam and South Korea it is widely practiced even nowadays. Historically in Japan, marriage and reproduction by the eldest son was facilitated by their status as heirs. In Japan, Korea and Vietnam, as well as in some of those European regions where male primogeniture was practiced, parents didn't transfer their property to the inheriting son at the point of his marriage as among Germans. Instead, the first son remained under his father's authority even after he had married and had had children, and the father remained the nominal head of the family until his death, relinquishing his actual authority slowly and gradually. In Japan, only the inheriting son stayed in the parental household. He could become head of the family any time between his marriage and the death of his predecessor. The timing of this was normally dictated by familial or local traditions. The Catalan and Occitan stem families in Europe closely resembled the model seen in Japan. In rural China, property and landholdings are usually divided up when the older son marries. Normally the youngest son continues to live with the parents and inherits their remaining share of the property. Prior to the
revolution In political science, a revolution (Latin: ''revolutio'', "a turn around") is a fundamental and relatively sudden change in political power and political organization which occurs when the population revolts against the government, typically due ...
in 1949, most families in rural areas of China stayed together for many years after the oldest son marries, sometimes until the youngest son married. However, there is some evidence that the practice of co-residing with the eldest son continues. In Israel, coresidence between parents and their eldest son prevails in the context of the
Moshav A moshav ( he, מוֹשָׁב, plural ', lit. ''settlement, village'') is a type of Israeli town or settlement, in particular a type of cooperative agricultural community of individual farms pioneered by the Labour Zionists between 1904 an ...
movement, that prohibited breaking up family plots; thus the eldest son inherits the family farm. In South Korea, modern businesses (
chaebol A chaebol (, ; ) is a large industrial South Korean conglomerate run and controlled by an individual or family. A chaebol often consists of multiple diversified affiliates, controlled by a person or group whose power over the group often exc ...
) are handed down according to male primogeniture in most cases. A study of family firms in the UK, France, Germany and US found that male primogeniture was the inheritance rule in more than half of family firms in France and the UK, but only in less than a third of those in the US and only in a quarter (25 per cent) of those in Germany.


Social approaches to inheritance customs

Employing differing forms of succession can affect many areas of society. Gender roles are profoundly affected by inheritance laws and traditions. Impartible inheritance has the effect of keeping large estates united and thus perpetuating an elite. With partible inheritance large estates are slowly divided among many descendants and great wealth is thus diluted. Inheritance customs can even affect gender differences in cognitive abilities. Among the Karbis, who employ male primogeniture, men perform significantly better than women in tasks of spatial abilities. There are no significant differences in the performance of men and women among the Khasis, who employ female ultimogeniture. The degree of acceptance that a society may show towards an inheritance rule can also vary. In South Africa, for example, the influence of more modern, western social ideas has caused strong opposition, both civil and official, to the customary law of patrilineal primogeniture traditionally prevalent among black peoples, and inheritance customs are gradually changing. Among the indigenous tribes of South Africa, the oldest son inherits after the death of the father. If the oldest son is also dead, the oldest surviving grandson inherits; if the eldest son has no sons, the inheritance is passed to the father's second son or his sons, and so on through all the sons and their male children if necessary. In
polygynous Polygyny (; from Neoclassical Greek πολυγυνία (); ) is the most common and accepted form of polygamy around the world, entailing the marriage of a man with several women. Incidence Polygyny is more widespread in Africa than in any ...
families which were formed of multiple units, the inheritance rules were changed slightly. Each marriage formed a new unit, independent from the others, with separate property which was inherited by the heir of each unit. Polygynous families practised either simple or complex inheritance. In the simple system the heir is the eldest son of the first wife, of if he is dead, the eldest grandson. If the first wife had no sons, the inheritance went to the oldest surviving male descendant of the second wife, and so on through all the wives if necessary. Complex inheritance happened when the homestead was separated into two or three units, depending on the number of wives, and the eldest son of each wife became heir of their unit. If there was no heir in one of the units, the heir of the other inherited both. This form of inheritance was seen among the
Xhosa Xhosa may refer to: * Xhosa people, a nation, and ethnic group, who live in south-central and southeasterly region of South Africa * Xhosa language, one of the 11 official languages of South Africa, principally spoken by the Xhosa people See als ...
people of south eastern South Africa. In
Lesotho Lesotho ( ), officially the Kingdom of Lesotho, is a country landlocked country, landlocked as an Enclave and exclave, enclave in South Africa. It is situated in the Maloti Mountains and contains the Thabana Ntlenyana, highest mountains in Sou ...
and southern Ethiopia, most people still follow the custom of male primogeniture. However, in Zambia, Namibia and Cameroon, the prevalent customary law of patrilineal primogeniture is beginning to be challenged in court. In eastern Democratic Republic of Congo, the predominant custom of
male primogeniture Primogeniture ( ) is the right, by law or custom, of the firstborn legitimate child to inherit the parent's entire or main estate in preference to shared inheritance among all or some children, any illegitimate child or any collateral relativ ...
is also beginning to be considered unfair by some women and younger sons. The custom of patrilineal primogeniture predominant in
South Sudan South Sudan (; din, Paguot Thudän), officially the Republic of South Sudan ( din, Paankɔc Cuëny Thudän), is a landlocked country in East Africa. It is bordered by Ethiopia, Sudan, Central African Republic, Democratic Republic of the C ...
, Uganda, Tanzania, Burundi, Equatorial Guinea, Zimbabwe and Gambia have not caused much opposition. In Ghana, the diverse inheritance customs across ethnic groups, such as the male primogeniture among the Ewe and the Krobos, or matrilineal inheritance among the
Akan Akan may refer to: People and languages *Akan people, an ethnic group in Ghana and Côte d'Ivoire *Akan language, a language spoken by the Akan people *Kwa languages, a language group which includes Akan *Central Tano languages, a language group w ...
, contribute to the occurrence of children living in the streets. In Sierra Leone, the inheritance customs prevalent in the country, were either the eldest son or the eldest brother inherits the property, create insecurities for widows. In South Korea, favouring the eldest son has been predominant almost up to recent times, despite laws of equal inheritance for all children. In 2005, in more than half (52.6 per cent) cases of inheritance the eldest son inherited most or all of his parents' property; in more than 30 per cent of cases the eldest son inherited all of his parents' property. In the past North Korea has the same pattern of inheritance as the South, however no details about current inheritance practices have been available since the county's proclamation of independence in 1948. Social transformations can also modify inheritance customs to a great extent. For example, the Samburu of north-central Kenya are pastoralists who have traditionally practiced an attenuated form of patrilineal primogeniture, with the eldest son receiving the largest share of the family herd and each succeeding son receiving a considerably smaller share than any of his seniors. Now that many of them have become agriculturalists, some argue that land inheritance should follow patrilineal primogeniture, while others argue for equal division of the land. The
Bhil Bhil or Bheel is an ethnic group in western India. They speak the Bhil languages, a subgroup of the Western Zone of the Indo-Aryan languages. As of 2013, Bhils were the largest tribal group in India. Bhils are listed as tribal people of the s ...
people of central India, who were hunter-gatherers in the past, adopted a system of attenuated patrilineal primogeniture identical to that of pastoral Samburu when they became agriculturalists. The same custom also prevails among some other peoples, like the
Elgeyo :''Keiyo may also refer to Keiyo, a district in Kenya, ''Keiyo Line'' a railway line in Japan or Elgeyo escarpment'' The Elgeyo (also known as Keiyo) are an ethnic group who are part of the larger Kalenjin ethnic group of Nilotic origin. They liv ...
and
Maasai Maasai may refer to: * Maasai people *Maasai language * Maasai mythology * MAASAI (band) See also * Masai (disambiguation) * Massai Massai (also known as: Masai, Massey, Massi, Mah–sii, Massa, Wasse, Wassil or by the nickname "Big Foot" Mas ...
in Kenya, or the
Nupe Nupe may refer to: *Nupe people, of Nigeria *Nupe language, their language *The Bida Emirate, also known as the Nupe Kingdom, their former state *A member of the Kappa Alpha Psi fraternity in the United States *National Union of Public Employees (Ne ...
of Nigeria and Niger. Most of the Amhara in Ethiopia divide their property between all sons, however male primogeniture is practised in some regions. Favoring the eldest son is also common among the
Dinka The Dinka people ( din, Jiɛ̈ɛ̈ŋ) are a Nilotes, Nilotic ethnic group native to South Sudan with a sizable diaspora population abroad. The Dinka mostly live along the Nile, from Jonglei to Renk, South Sudan, Renk, in the region of Bahr el Gh ...
in South Sudan. Among the
Shona Shona often refers to: * Shona people, a Southern African people * Shona language, a Bantu language spoken by Shona people today Shona may also refer to: * ''Shona'' (album), 1994 album by New Zealand singer Shona Laing * Shona (given name) * S ...
of Zimbabwe and Mozambique, the oldest son it the first to inherit and gets the best piece of the land. The oldest accounts of the Shona mention patrilineal primogeniture as their inheritance custom, with the oldest son of any of the deceased's wives becoming the main heir. The widow was inherited by her husbands brother but could choose not to be.


Systems of social stratification

Detailed anthropological and sociological studies have been made about customs of
patrilineal Patrilineality, also known as the male line, the spear side or agnatic kinship, is a common kinship system in which an individual's family membership derives from and is recorded through their father's lineage. It generally involves the inheritanc ...
inheritance, where only male children can inherit. Some cultures also employ
matrilineal Matrilineality is the tracing of kinship through the female line. It may also correlate with a social system in which each person is identified with their matriline – their mother's Lineage (anthropology), lineage – and which can in ...
succession, where property can only pass along the female line, most commonly going to the sister's sons of the decedent; but also, in some societies, from the mother to her daughters. Some ancient societies and most modern states employ egalitarian inheritance, without discrimination based on gender and/or birth order.


The evolution of inheritance practices in Europe

The right of patrilineal primogeniture, though widespread during medieval and modern times in Europe, doesn't seem to have prevailed so extensively in ancient times. In Athens, according to Demosthenes and the Laws of Solon, the eldest son inherited the house and with it the cult to family ancestors. Aristotle spoke about patrilineal primogeniture during his time in Thebes and Corinth. He also spoke about the revolts that put an end to it in Massalia, Istros, Heraclea and Cnido). While Aristotle was opposed to this right, Plato wanted it to become more widespread. However, the nature of inheritance practices in
Ancient Sparta Sparta ( Doric Greek: Σπάρτα, ''Spártā''; Attic Greek: Σπάρτη, ''Spártē'') was a prominent city-state in Laconia, in ancient Greece. In antiquity, the city-state was known as Lacedaemon (, ), while the name Sparta referre ...
is hotly debated among scholars.
Ancient Greeks Ancient Greece ( el, Ἑλλάς, Hellás) was a northeastern Mediterranean civilization, existing from the Greek Dark Ages of the 12th–9th centuries BC to the end of classical antiquity ( AD 600), that comprised a loose collection of cultu ...
also considered the eldest son the avenger of wrongs done to parents—"The
Erinyes The Erinyes ( ; sing. Erinys ; grc, Ἐρινύες, pl. of ), also known as the Furies, and the Eumenides, were female chthonic deities of vengeance in ancient Greek religion and mythology. A formulaic oath in the ''Iliad'' invokes ...
are always at the command of the first-born".
Roman law Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor J ...
didn't recognise primogeniture, but in practice Romans favored the eldest son. In
Ancient Persia The history of Iran is intertwined with the history of a larger region known as Greater Iran, comprising the area from Anatolia in the west to the borders of Ancient India and the Syr Darya in the east, and from the Caucasus and the Eurasian S ...
, succession to the family headship was determined by patrilineal primogeniture. Among Celtic and Germanic peoples, the predominant custom during ancient times seems to have been to divide the land in equal parts for each of the sons. However, the house could be left to only one of them. Evidence of actual practices and law codes such as the
Sachsenspiegel The (; gml, Sassen Speyghel; modern nds, Sassenspegel; all literally "Saxon Mirror") is one of the most important law books and custumals compiled during the Holy Roman Empire. Originating between 1220 and 1235 as a record of existing loc ...
indicate that Germans left the house to the youngest son. This was possibly connected to the cult to family ancestors, which was also inherited by the youngest son. Celts from Ireland and northern France left the house to the eldest son. Both Germans and Irish divided the land into equal shares until the early Modern Age, when impartible inheritance gradually took hold among both peoples. However, according to Tacitus the German tribe of the
Tencteri The Tencteri or Tenchteri or Tenctheri (in Plutarch's Greek, Tenteritē and possibly the same as the Tenkeroi mentioned by Claudius Ptolemy if these were not the Tungri) were an ancient tribe, who moved into the area on the right bank (the norther ...
employed patrilineal primogeniture. There is also evidence that in
Schleswig Holstein Schleswig-Holstein (; da, Slesvig-Holsten; nds, Sleswig-Holsteen; frr, Slaswik-Holstiinj) is the northernmost of the 16 states of Germany, comprising most of the historical duchy of Holstein and the southern part of the former Duchy of Schl ...
, leaving the estate to the eldest son and giving only monetary compensation to his siblings was the prevailing practice since around the year 100. Patrilineal primogeniture also prevailed among the Vikings. In Scotland, certain types of property descended exclusively to the eldest son in the Scottish Lowlands even before the Norman conquest in 1066. Patrilineal primogeniture with regards to all types of immoveable property became the legal rule in all of Scotland during the reign of
William I William I; ang, WillelmI (Bates ''William the Conqueror'' p. 33– 9 September 1087), usually known as William the Conqueror and sometimes William the Bastard, was the first Norman king of England, reigning from 1066 until his death in 1087 ...
(1165–1214). Until 1868, all immovable property, also called in Scottish law "heritable property" (buildings, lands, etc.) was inherited exclusively by the eldest son and couldn't be included in a will. After 1868, it could be included in a will or testament, but if a person died
intestate Intestacy is the condition of the estate of a person who dies without having in force a valid will or other binding declaration. Alternatively this may also apply where a will or declaration has been made, but only applies to part of the estat ...
, it was still inherited exclusively by the eldest son. In 1964, this rule of male primogeniture in cases of intestacy was finally abolished. According to
Bede Bede ( ; ang, Bǣda , ; 672/326 May 735), also known as Saint Bede, The Venerable Bede, and Bede the Venerable ( la, Beda Venerabilis), was an English monk at the monastery of St Peter and its companion monastery of St Paul in the Kingdom o ...
, the custom in Northumbria reserved a substantial birthright for the eldest son even before the Norman conquest and other local customs of inheritance also gave certain additional benefits to the eldest son. After the Norman conquest, male primogeniture became widespread throughout England, becoming the
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
with the promulgation of the
Magna Carta (Medieval Latin for "Great Charter of Freedoms"), commonly called (also ''Magna Charta''; "Great Charter"), is a royal charter of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by the ...
in 1215, only slightly later than in Scotland. After 1540, a
testator A testator () is a person who has written and executed a Will (law), last will and testament that is in effect at the time of their death. It is any "person who makes a will."Gordon Brown, ''Administration of Wills, Trusts, and Estates'', 3d ed. (2 ...
could dispose of its immovable property as he saw fit with the use of a testament, but until 1925 it was still inherited solely by the eldest son if he died intestate. However, although the gentry and the nobility in England practiced a relatively strict form of male primogeniture, there was no clearly prevalent inheritance pattern among peasants, giving rise to a sort of "proto-capitalist" rural economy, the "absolute nuclear" family. During Late Medieval Times male ultimogeniture ("Borough-English") was the predominant custom in England, as it was the customary rule of inheritance among unfree peasants, and this social class comprised most of the population according to the Domesday Book. In Scotland, by contrast, a strict form of male primogeniture prevailed (and still prevails) even among peasants. The Scottish clan of the feudal era, which survived in the Highlands until 1747, was the only known example of a conical clan in Europe, along with the Roman
gens In ancient Rome, a gens ( or , ; plural: ''gentes'' ) was a family consisting of individuals who shared the same Roman naming conventions#Nomen, nomen and who claimed descent from a common ancestor. A branch of a gens was called a ''stirps'' (p ...
according to
Fustel de Coulanges Numa Denis Fustel de Coulanges (; 18 March 1830 – 12 September 1889) was a French historian. Joseph M. McCarthy argues that his first great book, '' The Ancient City'' (1864), was based on his in-depth knowledge of the primary Greek and Latin te ...
. As Gartmore says in a paper written in 1747, "The property of these Highlands belongs to a great many different persons, who are more or less considerable in proportion to the extent of their estates, and to the command of men that live upon them, or follow them on account of their clanship, out of the estates of others. These lands are set by the landlord during pleasure, or a short tack, to people whom they call good-men, and who are of a superior station to the commonality. These are generally the sons, brothers, cousins, or nearest relations of the landlord. The younger sons of families are not bred to any business or employments, but are sent to the French or Spanish armies, or marry as soon as they are of age. Those are left to their own good fortune and conduct abroad, and these are preferred to some advantageous farm at home. This, by the means of a small portion, and the liberality of their relations, they are able to stock, and which they, their children, and grandchildren, possess at an easy rent, till a nearer descendant be again preferred to it. As the propinquity removes, they become less considered, till at last they degenerate to be of the common people; unless some accidental acquisition of wealth supports them above their station. As this hath been an ancient custom, most of the farmers and cottars are of the name and clan of the proprietor; and, if they are not really so, the proprietor either obliges them to assume it, or they are glaid to do so, to procure his protection and favour." Prior to the advent of feudalism during Late Medieval times and the creation of the system above explained, no trace of male primogeniture or a similar custom existed in Scotland or elsewhere in the Celtic world. The successor to the office of the chief was selected among the wider kin of the previous chief (
tanistry Tanistry is a Gaelic system for passing on titles and lands. In this system the Tanist ( ga, Tánaiste; gd, Tànaiste; gv, Tanishtey) is the office of heir-apparent, or second-in-command, among the (royal) Gaelic patrilineal dynasties of Ir ...
), and the land, among common families, was divided between all sons. Among many ancient Germanic tribes, on the other hand, male primogeniture determined succession to political office, the eldest son of a chief customarily succeeding his father. The common rule of land inheritance was partible inheritance, as in the Celtic world. The British custom of male primogeniture became also prevalent in some British colonies, most strongly in Australia. The contrary development occurred in South Africa, where the
Afrikaner Afrikaners () are a South African ethnic group descended from Free Burghers, predominantly Dutch settlers first arriving at the Cape of Good Hope in the 17th and 18th centuries.Entry: Cape Colony. ''Encyclopædia Britannica Volume 4 Part 2: ...
colonizers, who practiced partible inheritance, were always opposed to the custom of male primogeniture prevalent among indigenous black peoples. In New Zealand, European colonizers chose any son to succeed to the family farm, without regards to his fraternal birth order, while patrilineal primogeniture prevailed among the indigenous Maori people. In parts of northern France, giving a slightly larger share to the eldest son was common among peasants even before the 10th century; after that century, patrilineal primogeniture developed among the nobility ( impartible inheritance never obtained among peasants in most of northern France). Flanders was probably the first country where patrilineal primogeniture became predominant among aristocrats. By the time of the
French revolution The French Revolution ( ) was a period of radical political and societal change in France that began with the Estates General of 1789 and ended with the formation of the French Consulate in November 1799. Many of its ideas are considere ...
it had become almost universal in this social class in western, central and northern Europe, but inheritance customs among peasants varied widely across regions. Strabo also speaks about customs of male primogeniture among Iberian peoples (most of the Iberian peninsula was populated by then by Celtic or half-Celtic peoples, not Iberians proper). He mentions that among the Cantabrii, however, the eldest child regardless of sex inherited the family property. By the term "Cantabrii" he was most probably referring not to the actual
Cantabri The Cantabri ( grc-gre, Καντάβροι, ''Kantabroi'') or Ancient Cantabrians, were a pre-Ancient Rome, Roman people and large tribal federation that lived in the northern coastal region of ancient Iberia in the second half of the first mille ...
ans but to the
Basques The Basques ( or ; eu, euskaldunak ; es, vascos ; french: basques ) are a Southwestern European ethnic group, characterised by the Basque language, a common culture and shared genetic ancestry to the ancient Vascones and Aquitanians. Bas ...
(who were not an Iberian people); among the Basques of France, this usage survived until the French Revolution, long after it had been replaced by male primogeniture or free selection of an heir among the Basques of Spain. In
Catalonia Catalonia (; ca, Catalunya ; Aranese Occitan: ''Catalonha'' ; es, Cataluña ) is an autonomous community of Spain, designated as a ''nationality'' by its Statute of Autonomy. Most of the territory (except the Val d'Aran) lies on the north ...
, in northeastern Spain, the custom of male primogeniture survived in an exceptionally vigorous form among peasants until very recent times (in northeastern Catalonia, for example, peasants rigorously respected the right of male primogeniture until very recent times. In the province of
Lleida Lleida (, ; Spanish: Lérida ) is a city in the west of Catalonia, Spain. It is the capital city of the province of Lleida. Geographically, it is located in the Catalan Central Depression. It is also the capital city of the Segrià comarca, as ...
, too, even as late as the mid-twentieth century, only 7.11 percent of the sons who became single-heirs were not the first son. In central and southern Catalonia, male primogeniture was also predominant). However, in other past Iberian regions which were subject to greater
Muslim Muslims ( ar, المسلمون, , ) are people who adhere to Islam, a monotheistic religion belonging to the Abrahamic tradition. They consider the Quran, the foundational religious text of Islam, to be the verbatim word of the God of Abrah ...
influence, such as Valencia, this custom only survived in some areas.


Welsh laws of inheritance

The ancient Welsh laws of inheritance inform us about the evolution of inheritance practices in Great Britain. The Venedotian Code establishes that land must be partitioned between all sons and that the youngest has a preferential claim to the buildings: "If there be buildings, the youngest brother but one is to divide the tyddyns,* for in that case he is the meter; and the youngest to have his choice of the tyddyns, and after that he is to divide all the patrimony. And by seniority they are to choose unto the youngest; and that division is to continue during the lives of the brothers." "If there be no buildings on the land, the youngest son is to divide all the patrimony, and the eldest is to choose; and each, in seniority, choose unto the youngest." "Land of a hamlet is not to be shared as tyddyns, but as gardens; and if there be buildings thereon, the youngest son is not more entitled to them than the eldest, but they are to be shared as chambers." "When brothers share their patrimony between them, the younger is to have the principal tenement, and all the buildings, of his father, and eight einvs of land; his boiler, his hatchet, and his coulter, because a father cannot give these three to any one but the youngest son, and though they should be pledged they never become forfeited. Then let every brother take an homestead with eight erws of land; and the youngest son is to divide, and they are to choose in succession from the eldest to the youngest." This was later replaced by a preference for the eldest son, and the Dimetian Code provides:
Canon law Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is th ...
-dictated patrilineal primogeniture: During the Modern Age, many Welsh peasants in upland areas lived in stem families where the eldest son took over the farm when his father became old.Elwyn davies, "Hafod and Lluest: the summering of cattle and upland settlement in Wales" Perhaps most intriguingly, in the inner, lowland areas of Wales, where English culture was stronger and absolute nuclear families on the English model prevailed, male ultimogeniture predominated.


The fideicommissum

Inheritance can be organized in a way that its use is restricted by the desires of someone (usually of the decedent).A ''decedent'' is a person who owned the property before this death. The term ''decedent'' should not be confused with the term ''descendant''. An inheritance may have been organized as a
fideicommissum A ''fideicommissum'' is a type of bequest in which the beneficiary is encumbered to convey parts of the decedent's estate to someone else. For example, if a father leaves the family house to his firstborn, on condition that they will bequeath it to ...
, which usually cannot be sold or diminished, only its profits are disposable. A fideicommissum's succession can also be ordered in a way that determines it long (or eternally) also with regard to persons born long after the original descendant. Royal succession has typically been more or less a fideicommissum, the realm not (easily) to be sold and the rules of succession not to be (easily) altered by a holder (a monarch). The fideicommissum, which in fact had little resemblance to the Roman institution of the same name, was almost the standard method of property transfer among the European nobility; Austria, Germany, Switzerland,
Bohemia Bohemia ( ; cs, Čechy ; ; hsb, Čěska; szl, Czechy) is the westernmost and largest historical region of the Czech Republic. Bohemia can also refer to a wider area consisting of the historical Lands of the Bohemian Crown ruled by the Bohem ...
, Sweden and Italy were some of the countries where it became very popular among wealthy landowners, beginning in most cases around the early Modern Age. It was almost always organized around principles of male primogeniture. The Spanish
mayorazgo ''Majorat'' () is a French term for an arrangement giving the right of succession to a specific parcel of property associated with a title of nobility to a single heir, based on male primogeniture. A majorat (fideicommis) would be inherited by t ...
and the Portuguese morgado also resembled the Continental fideicommissum more than the noble customs of Great Britain and most French regions; noble customs of primogeniture in these countries were more ancient and thus took different legal forms. Inheritance of noble titles also distinguished Great Britain from Continental Europe, since in most European countries most noble titles (though not estates) were inherited by all sons, sometimes even all children.


References

{{Reflist, 30em Inheritance