CHAPTER TWO

COMPARATIVE STUDY OF THE CHALLENGES OF THE FIRST SON IN BENIN TRADITION AND THE BIBLE

REVIEW OF LITERATURE

2.0 INTRODUCTION

Our focus in this chapter is to critically examine relevant literature that would assist in explaining the research problem and furthermore recognize the efforts of scholars who had previously contributed immensely to similar research. The chapter intends to deepen the understanding of the study and close the perceived gaps.

Precisely, the chapter will be considered in three sub-headings:

2.1 THE FIRST SON IN EDO TRADITION

The position of the senior son in a Benin family has a social status to which specified roles are assigned. In the case of the position of the king, it is an institution in its own right with various roles. Although highlighting the roles and status of the senior son as a phenomenon in the Benin culture, it is of interest to recognize the concept of the role and status. To Merton and Nisbet, status may have not just a single role but also a number of associated roles, which fit together. (robert,1961) A senior son, for instance, can be a father, a husband, a neighbor, and a union member, so that his role set involves a constellation of related roles, some of which may require drastically different types of adjustment. The single status of a male child entails not only the role of the senior son to his father in the Benin family, but also an array of other roles relating to the other roles of other male children, female children, and the family Okaegbe extended family priest. There are two sorts of role and status, the ascribed and achieved. The first son is an ascribed status by birth and sex in Benin culture, and he is assigned the role of the heir and successor of the previous holder. Achieved statuses and roles, in contrast, are obtained through a person’s own effort, such as by becoming a professional such as a medical doctor, lawyer, or teacher. In Benin, the status of the eldest son is that of the heir apparent to the father. This implies that certain rights and duties are reallocated to the surviving senior son after the holder’s death. With regard to inheritance and succession, Benin patrilineal lineage comprises groups of individuals who are descendants of a known ancestor, which is clearly shown from the way they live. According to (Egharevba,1966) writing on inheritance and succession among Benin people, the first son, after performing the funeral obsequies of the deceased father, automatically succeeds to his father’s status and title, and inherits his father’s house as well as the bulk of his property. From then on, authority over his brothers and sisters passes on to him. Even though his authority may wane throughout time as his sisters are married out and the younger brothers become economically independent, their eldest brother retains a large measure of juridical authority over them as the sole intermediary between them and their ancestors.(Egharevba,1966)The Supreme Court of Nigeria recognizes the Benin system in customary law of inheritance. Uzamere, writing on customary law in Benin Kingdom, quoted the verdict reached in a case of inheritance in Arase v. Arase (1981). It ruled that the eldest son of a deceased (Benin) person does not inherit the deceased’s property until after the completion of the secondary burial ceremonies, that is, the funeral obsequies. These burial rites are marked by ceremonies, participated in by members of the family of the deceased, for the eldest son as at the latter’s request. All property of the father automatically becomes that of the eldest son. Some of the personal properties or effects may be distributed to the other children, but that takes place only after the principal personal effects have been given to the eldest son. The principal house, in which the deceased lived during his lifetime and died, is called the Igiogbe, and it always passes by way of inheritance to the eldest son.(Uzamere,1989) The Benin system of succession is characterized by primogeniture, gerontocracy, and conferment. The first two are most prominent, because Benin culture is basically a patrilineal society. Egharevba emphasized that the system of primogeniture holds in Benin with regard to both the Crown and all inherited property. A wife does not inherit her husband’s property, but Benin custom approves of the husband’s inheritance of his wife’s. If the eldest son has no children but, after performing the necessary funeral rites, dies in the process and fails to complete the funeral ceremonies, the second son automatically replaces him. If, before his death, the senior son has already spent some money to renovate the house to be inherited, the second son must pay compensation by giving the money to the children of the first son.((Egharevba,1966) Succession to Benin kingship is strictly by the rule of primogeniture, and, for other Benin titles such as the offices of the seven councilors of the state, is also hereditary and follows the same process. The Enogie and Odionwere head a typical village, and whereas the former is hereditary by the rule of primogeniture, the latter is a gerontocracy.(Ena,1992). With the advent of Christianity and other influences from the West, changes have been observed in the direction of succession and inheritance. Some individuals have adopted the Christian way of life and, as such, are not interested in inheriting titles or shrines such as the Ukhurhe (ancestral carved stave and traditional staff of office). Today, first sons can dispose of their inherited properties, including the house in which their father lived before he died, without any recourse to tradition and maintenance of the Ukhurhe.(Nosakhare,2002) Ayisi also observed that tension is inherent in all systems of inheritance and that tensions increased in periods of economic change. When polygamous marriage exists, there are more beneficiaries competing for a limited property. In such circumstances, inheritance can become a matter for litigation. Forms of land tenure also contribute significantly to the apparent difficulties of inheritance. Titles to land ownership are not transferable, and land is owned by groups of people and administered by trustees of elders and chiefs or the communities, whether tribe, clan, or lineage. There is, however, conflict in inheritance practices following the forms of economic exploitation of land.(Eric,1972) Goody explained that the universality of these families and social changes must first be dealt with before knowing which elements of economic change affect such areas of the family.(Goody,1962) Also, the introduction of fathers making wills has brought changes to the system of inheritance and succession in Benin culture.(Osunde,2002).