CHAPTER ONE
AREA OF INVESTIGATION
Introduction
This study falls in the precincts of the New Testament studies taking cognisance of the plight and challenges of widows in Zimbabwe. The challenges, entreaties and cries of widows in Zimbabwe are similar to those discerned in some gospel narratives. The study seeks to contextualise the story of the persistent widow (Luke 18:1-8) taking a cue from her in fighting for justice in an unjust society and system.
Statement of the problem
Courts reports, electronic and print media are awash with stories of prominent and ordinary widows whose lives are drastically changed after the death of the spouse, because their property is taken away. Informal conversation also reveal untold stories of suffering widows who are left dejected while laws that purport to support their causes were disregarded or even not known . Elphas Mukonoweshure elaborates by asserting that:
A widow just watched whilst her deceased husband’s relatives were packing the property and never said a word. In reply to the question why she had not even protested, she answered that she had to be seen as a muroora, respectful daughter-in-law. She showed this respect by letting them do as they please. This behaviour follows the Shona custom/belief that the relationship between a married woman or widow and her in-laws is that of respect mixed with fear. (Mukonoweshuro June, 1992, 81)
Why have women suffered so much? Are there laws that defend and protect the cause of the widows? If so, has the judicial system turned a blind eye and failed the widow? To whom or where can these deprived widows turn to? Can contextualising the story of the importunate widow (Luke 18:1-8) be of help in this? Can she be a role model? And if so how?
This study examines how the story of the widow can conscientise and encourage widows to fight for their rights.
Justification
So much have been written on the plights and challenges of widows in Zimbabwe. Felicia Sakala wrote on Violence against Women in Southern Africa (1998). In the same vein Gaynor Gamuchirai Paradza wrote on Widow’s Experience with Property Inheritance in Context of HIV in Zimbabwe, Furthermore Mercy Shumbamhini (2005) wrote on the reason why widows are marginalised. She stated her reasons for writing saying:
I wanted each widow to discover her preferred identity as a widow. Furthermore I wanted them to develop their own preferred practices and be able to celebrate their own identities. My hope and desire was also to see them as participants of the study share in addressing cultural discourses and social practices that promote injustice or that create oppressive situations and deconstruct them. (Shumbamhini 2005)
She accepted the marginalisation of widows even within the Christian community but desired that they liberate themselves in what she terms practical theology. She however did not explicitly highlight the reasons why marginalised women are deprived of their property. These and other scholars accepted an increase in violence against widows including property grabbing after the death of the husband, but do not give role models to inspire the widows to act? Solutions for these authors lie to a more and thorough education on inheritance laws of the land.
If Zimbabwe is argued to be eighty percent Christians a religious approach and a religious role model can be ideal to empower widows to fight for their inheritance. My aim is to introduce widows to the possibilities of becoming producers of their own culture and destiny. I do not want them to be fascinated by the great lament of the contemporary culture and its challenges. This study approach makes use of the persistent widow (Luke 18:1-8) as the starting point and then contextualise the story give force and impetus to the fight for intended justice and freedom.
Aim and Objectives
My aim is to address the plight of women in Zimbabwe taking a cue from the story of the persistent widow (Luke 18:1-8) seeing if she could be a role model to them. The aim will be pursued by achieving the following objectives:
To explore the plight of widows in the 1st century Palestine.
To give a traditional interpretation of the persistent widow (Luke 18:1-8)
To reread the story as a way of liberating widows
To examine the inheritance laws in Zimbabwe and how they are applied to widows.
To justify the widow’s story as a model of redressing injustice.
Methodology
This is from the verb method. According to the Reader’s Digest dictionary the word comes from meth- hodos, way, which is a mode of procedure, way or order of doing things (Tulloch, Reader's Digest OxFord Word Finder 1992) .This is the set system of procedures meant to help accomplish the intended result. Therefore these are the ways/methods that shall be applied to read and contextualise the story of how disadvantaged and disgruntled widows can produce their own culture and help themselves.
Exegesis/Hermeneutics
According to J. H. Hayes and C.R.Holladay, “the term exegesis comes from the Greek word; which basically means to lead out of.” (Hayes and Holladay 1987, 5) When applied to a text, it denotes the “reading out” of the meaning or drawing out the meaning. The noun therefore could refer to, “interpretation” or “explanation.” Hermeneutical approach refers to the art of interpreting scriptures concerned with how to deduce meaning from the scriptures. So these two concepts will be used interchangeably in trying to interpret the story of the persistent widow. We seek to read the text of the persistent widow and examine an explanation that can be drawn from the passage and what the reader today can salvage from it. When we try to deduce meaning from the text that will be exegesis, and the understanding on how the persistent widow can be role model comes from understanding the meaning thrown to the reader by the text in the words used.
This method opens up the ancient text. It helps in the understanding of the different key words, behavior pattern and customs used in the bible thereby providing the necessary information in contrasting two eras with different challenges to help in responding to the challenges in a much illuminated way. This helps understand why the widow was persistent and how judge responded as he did.
However the interchange of words used can pose a challenge if taken to mean the same today as meant then. Words can be a blockage as they deal with different cultures and times. This method does not itself arrive at the conclusive result but helps in the leads to the intended manner of operation.
Honour and Shame
Biblical scholars have come to appreciate the use of anthropological studies for the biblical interpretations. These studies have opened avenues for scholars in discover valuable truths of the Mediterranean culture and other cultures as well. Scholars then come to the conclusion that “we must apply ourselves to understanding the culture out of which they spoke.” (David 2000, 79) It is from this understanding that certain behaviours are appreciated. If not, we might fail to understand the dynamics and might lead to lack of understanding of the life of this communities.
It is from this concept that the theory of Honour and Shame become apparent. Human beings in all settings of life be it social, religious, economic or even political circles do exist in categories that regulate their access to and privileges to life’s needs, so “Honour and shame exist virtually in all culture” (Rohrhaugh 1996, 80). David DaSilva defines honour as the public acknowledgement of a person’s worth, granted on the basis of how fully that individual embodies qualities and behaviours valued by the group” (David 2000, 518) for him how one behaves is according to their culture’s acceptance of what they understand as the norms. Joseph Plevnik defines shame as “claim to worth that is publicly denied and repudiated”. This is behaving in a manner not approved by one’s society and culture. According to Timothy quoting Lyn Batchel argued that “Shame stimulates fear of psychological or physical rejection (lack of belonging, abandonment, expulsion or loss of social position and relies predominantly on external pressure from individual or group, which represent the loss of innocence. (Tennent 1979, 79) So in all these public opinion is pivotal is in discussing the concept of honour and shame.
How can honour and shame demonstrate the most important values in the ancient Mediterranean world and continue to play a pivotal role on the formation of identity in widows whose rights are everyday being violated. This method helps understand human perceptions and societal regulations as the reason for a certain behaviour. That will help understand why people try to preserve their identity and dignity at the expense of their rights. This method takes us to the ancient world to unlock behaviours that buttressed people from accessing their properties in the face injustice.
This method has shortfalls because its evaluation depends entirely on people’s evaluation and the societal perception and many times disregarding the anguishes and cries of the deprived. This however can be as a result of cultural or social prejudice which may result in name calling after displaying a certain behaviour. In other words they carry restraining effects or forces a certain behaviour on individuals.
Ideological Interpretation/Feminist Interpretation
The term ideological derives from the two Greek word ideo and logos. I will also use feminist approach as an ideological interpretation. According to the definitions the term ideos is equivalent to the English word image or ideal. While the term logos is the word. In contemporary theory and language ideology refers to a complex system of ideas, values and perceptions held by a particular group or society that provides a framework for the group’s members to understand their place in the society…. Ideology motivates people to behave in specific way and accept their social as natural, inevitable and necessary (Knight 2004, 345) . So this study is about looking at the ideal world as agreed and an intellectual plan. This involves the meaning as the expression of the ideas to convey a meaning in the cultural context.
Feminist philosophy or ideology emerged in the US in the 1970s following a decade behind the rise of the United States women's movement in the 1960s. It arose from attempts to grapple with concerns that emerged from the women's movement: the identification of the nature of sexism and the basic causes of the oppression of women, questions of how to best obtain emancipation for women — such as equal rights within political and social structure versus revolutionary changes of that structure, the issue of ‘woman's nature,’ philosophical analyses of the morality of abortion, and so on” (Gqola, Pumla Dineo; 2008, 135). Feminist theology allowed a variety of women to tell their stories and to write theology from their own perspective” (Fulkerson 1994, 13).
This method will help in examining methods and how woman in challenging environments can stand up for their rights. This will help in arming women for perseverance until they achieve justice. Feminist approach as an ideological approach draws on what are considered ideals from the woman’s world who perceive that the androcentric nature of the society/community has deprived women of the rights.
Comparative analysis
This approach compares two units, situations or circumstances and find out where they are similar or different. 19th century scholars like Rasmus Rask and Karl Varner and the German Scholar Jacob Grimm are content to say that this method observes two things or units of variations. These variations become the areas of investigation. The thrust is to take two or more units that are similar in some respect and different in some respect to become the source of comparing and find out why they are diverse. The cause of variations are then produced and lines will be drawn. This method helps in scrutinising why units differ if they are of the similar circumstances and situations. As I seek to contextualise the text, comparison will play a pivotal role in assessing how these two cases can be similar and the other supplying possible solutions on the created challenges.
Interviews
I will use this method for data and material collection. According to C.N Nachmias and D. Nachmias, “a personal interview can be defined as a face to face interpersonal role situation in which one interviewee asks respondents questions defined to obtain answers pertinent to the research hypothesis.” (Nachmias C 2000, 156) This method extracts vital and necessary information to validate discoveries as it deals with people’s views and opinions. I will speak to the disinherited, deprived women and the affected people to get their view and why certain behaviors manifest.
People tend to speak from their heart thereby giving credibility to the findings. On some marginalised and harassed widows the study shall use interviews as a means to have their voices heard. However at times people tend to miss out on some important information that may point to the reasons why they were disinherited due to anger or disappointment. This can widen the gap between the victims and the laws.
Questionnaire
According to E. R. Babbie, “a questionnaire is a collection of questions” (Babbie 2010, 147) These questions then will help in analyzing the data and statistics of the affected people and how one can learn from the story of the other.
Questionnaire like interviews tend to have the bias towards the victims. Sometimes this leaves out the important facts in favor of mercy on the victims. Language can also be a barrier in the communication of the real issues on the ground, so the study shall try to use the understood and vernacular language of any victim. The good thing of this method is that, one can get the first hand feelings of the people which help in finding solutions.
Literature review
To do justice to this topic literary works both published and unpublished shall be used. I shall consult also internet resources and statutes on inheritance that regulate the affairs of women, widows and those that interpret the parable in study. Some of the material used will include stories of women and perceptions of several writers in relationship to the widow’s challenges. These books will highlight how women are viewed, treated, will look into policies in place that intend to safeguard the plights of widows. These listed below only serve as the foretaste of some of the thoughts prevalent in the study.
Administration of Estates Act 6:01, Revised Edition 1996 by the Government of Zimbabwe
This is Act 6:01 and it is defined as “an Act to consolidate and amend the law relating to the administration of the Estates of the diseased persons, minors, mentally disordered or the defective persons and persons absent from Zimbabwe and to provide for the control of the money belonging to persons whose whereabouts are unknown”.
Item 68 under estates of Africans married by African custom: when estate of African to be dealt with according to usage of his tribe states that, if any African who has contracted a marriage according to African law or custom…dies intestate his estate shall be administered and distributed according to the customs and usage of the tribe or people to which he belonged”.
This acts provides the mind of the law in the care of the survivors in times of death. So if the marriage was ‘Customary Union’ without registration it poses challenges as the surviving spouse need two relatives of her deceased husband before she can handle the estate. So it appears the husband though dead has a say over what the widow will get. This statute is essential in establishing the right approach of to the laws as well as the best distribution of the estate.
In this part of the Act the interest is drawn on understanding how the Laws in Zimbabwe pertaining the distribution of the estate of deceased are meant to be deliberated. This act is vital for it provides what the law say. From this one then can see and argue on why still many cases do not receive due respect.
George Arthur Buttrick, THE BIBLICAL INTERPRETATIONS VOLUME VIII, New York, Nashville, Abingdon Press, 1952.
The book of Luke has been accepted to have been written by Luke who is also the author of Acts. “Iranaeus A.D 85 in Against Heresies” ascribe both books to Luke and also according to the witness of the Muratorian Canon, did the Church of Rome at end of the second century” (Buttrick, The Interpretors Bible, Volume 5 1956, 756) . For the rest of the gospel it has a number of similar linguistics hence the agreement that it was written by the single author.
The Book of Luke shades light on the life of the people of the first century Palestine. While little is known to the ways in which justice and social life was administered during the time of Jesus, but there seem to have been a point to which the writer of the Gospel intended to bring across relating to the position of women. This book is useful in understanding the cultural setting and life of the people during Jesus time. It will help in understanding behaviours and responds of the people in different contexts.
Bruce J. Malina, The New Testament World-insights from cultural anthropology, John Knox press 1981, Atlanta
In this book the writer under the topic Honour and Shame: Pivotal value of the First-Century Mediterranean World brings a very important insight on how people’s lives were regulated. His row is that people are born from the mind that seeks to amplify boundary lines from each other. “We are born into a system of lines that mark off nearly all of our experiences. Such lines define the self, others, nature, time, space and Gods/gods” (Malina, The New Testament World- Insights from cultural anthropology 1981, 43) .The writer then poses several question that are relevant to this topic: Can these drawn lines be moved, changed or modified once in place? What do they lead to? When it comes to male and female relationship how much can they affect or influence each other?
After realising such, the author then goes to explain important terms in our study of Honour and Shame. Honour according to Malina is the “feeling of one’s self-worth and the public, social acknowledgements of that worth. Honour in this sense applies to both sexes” (Malina, The New Testament World- Insights from cultural anthropology 1981, 44). Accordingly then this becomes the ground of appeal of one’s position in the society. Honour can be acquired Honour –this is the socially recognised claim to worth that a person acquires by exceling over others in the social interaction… Secondly is Ascribed Honour-is honour that you get simply for being you, not because of anything you did” (Malina, The New Testament World- Insights from cultural anthropology 1981, 29) Malina argues that “it is dishonourable and against the rules of honour to go to court and seek legal justice from one’s equal… the one challenged and taking to court only aggravates his/her dishonour” (Malina, The New Testament World- Insights from cultural anthropology 1981, 29)
On the other hand shame in a positive sense is understood as “sensitivity for one’s reputation, sensitivity to the opinion of other” (Malina, The New Testament World- Insights from cultural anthropology 1981, 44). So this book is important in highlighting certain behaviours as regulated by the cultural set up and community perceptions on what is honourable. Behaviours are then by the culture one finds themselves in.
Bene E. Madunagu, Social and Gender Justice-African feminists search the experience of African woman for humanist alternative paradigms of human well-being and social development. AN ANTHOLOGY, Dawn Anglophone Africa, Nigeria, 2003.
According to the article in this book human rights recognition had always been a challenge to the world. While laws are there that protect individuals the writer poses hindrances to the implementation of the laws “While the global community is almost unanimous in its recognition of human rights as a human entitlement, the enforcement of human rights at all levels has posed major challenges. The international human rights system has depended on the good faith of governments to ensure compliance with human standards.” (Mudunagu 2003, 239) While hope had been pinned on the laws one can see that so far the implementation satisfactorily of the laws is still a distant away. Has the state realised its role in the advocacy of the women’s rights that are being violated now and then? The need for recognition of human rights is an international need but attention should be drawn on the plight of women as many women operate from disadvantaged position and have always been on the mercy of the legal system. So the writer advocates that one way of solving the women’s challenges is to understand their grievances and challenges from their point of view. This will then help in the development and formulation of policies.
Dean Fleming Contextualisation in the New Testament-patterns for Theology and missions, Intervarsity Press, Downers Grove, Illinois, 2005.
The writer seeks to address that the books of the Bible were written with a specific theme and the targeted audience. These recipients are then regarded by the circle of scholars as either “…specific church or a group of churches” (Fleming 2005, 249). The Gospel of Luke which is our spring board into the discussion is argued to have been written predominantly to the Gentile Christian audience and “…shows the strongest influence from Greco-Roman literary forms and conventions, with features of both Hellenistic biographies (the extended narrative of Jesus birth and infancy) and historical writings of the time” (Fleming 2005, 250). This brings the point that his non-Jewish audience accounts for tracing Jesus’ genealogy back to Adam and God (Luke2:23-38)
While the audience of Luke was diverse, his motive also according to Fleming is to bring good tidings to the marginalised, to which Jesus mission was for the salvation to all people. So how does Luke do that? According to Fleming “Luke demonstrates the inclusiveness of God’s saving plan by spotlighting Jesus compassion for the groups of people who were on the margins of society, the poor and the oppressed, the sick and the lepers, sinners and tax-collectors, women and children, Samaritans and Gentiles” (Fleming 2005, 252)
Michele Ruiters (Editor) Gender instruments in Africa: consolidating gains in the Southern African Development Community, The Status for Women in Africa: a reflections on the patterns and eruptions by Pumla Dineo Gqola, Cerda Communications, Cape Town ,2008
The writer of the portion of the book tries to make us appreciate the space for a woman. Further the desire is not accept what has been prescribed by men as the right position for woman, hence he argues“...we cannot proceed as though African woman simply accept as passive beings the conditions prescribed by patriarchy, since it is untrue today as it has been” (Gqola, Pumla Dineo; 2008, 31)
Women are then subjected to the prejudice of many men in the society and this has resulted in them not so much been seen or heard but really occupying the second seat in the administration of justice and the receiving of justice. “While men are required to articulate visionary strategy, women were required to engage in soul searching and personal defence. The effect was to remind woman that they were principally domestic beings, even when campaigning for public offices” (Gqola, Pumla Dineo; 2008, 34). From the authors perspective the society has regulated the position of women in the society hence the need challenges their rights in the society. Up to the point one is widowed her position is likely to have been conditioned even while the spouse was alive.
PROPERTY AND INHERITENCE JOURNAL VOLUME 1, NUMBER1, 2012, (WLSA) Woman and Law in Southern Africa Research and Education Trust & UN WOMEN.
This journal has highlighted different cases of women whose rights have been infringed and how they reacted after the incidents. In an article written by Gaynor Gamuchirai Paradzai entitled widows experiences with property inheritance in the context of Zimbabwe, she states that
“Women in Southern Africa have been historically disadvantaged when negotiating access to property. This disadvantage has persisted in spite of advances in policy and legal frameworks aimed at securing women’s access to land livelihood assets by the state. In Zimbabwe such provisions have had limited impact on securing women’s land access because of legal pluralism, practical and economic challenges which women face in accessing and enforcing legal protection accorded to them by law.” (Paradza 2012, 26)
This journal highlights the plights and case studies of women whose lives were affected by the death of the spouse and suffered and lost their inheritance. A good example is the quoted case of Priscilla Mushonga who lost all what was hers to the stepsons after they produced a will which differed from hers and them later exclaimed resigning to defeat saying “I would prefer to become another statistic of a victim of a society that unfortunately has failed not only to protect me, but to provide a platform to a majority of widows that must face this abuse every day”
Conclusion
From these and other texts we shall observe the interrelatedness of the reactions and perceptions of different widows to their culture, environment and norms of the society. We can appreciate what we can term the norm in human relationship and the need for the religious approach to the freedom of ladies. We can also appreciate why there is a huge outcry in the country. These and others sources of the related themes shall be tools for education and of understanding from different angles the challenges of widows.
CHAPTER 2
The plight of widows in the 1st century Palestine
Introduction
The plight of widows in Zimbabwe can be well contextualised if the biblical texts and ancient writings on widow’s welfare are well interpreted and hermeneutical methods applied effectively. The ethical conduct and perceptions of the first century Palestine is of paramount importance in contextualising the plights of widows.
In this Chapter I will discuss the definition of widow/ widowhood and discuss the Ancient near East view, Old Testament and the New Testament teaching on the plight of widows from these different communities.
Widow/Widowhood
A widow is defined as “a woman who has lost her husband by death and has not married again” (Tulloch, The Reader’s Digest. Oxford Complete word finder, 1994, 1795). The term widow in the Hebrew language is Almanah and is translated in the LXX to Chera “connoting not only the death of the husband but also the ideas of loneliness, abandonment and helplessness” (Brown 1973, 1073)and Almanat is widowhood. So in that mind-set she has no adult male relative (husband’s brother or grown up son) to serve as her legal protector but is alone. Her livelihood is expected to be hinged on the support of the husband’s relatives and the society generosity would be gone. The death of a husband usually meant a type of cultural death as well. This meant that her protection from exploits and help in times of distress would have gone. So because of the social stigma and context the word widow quickly acquired the undertone of a person living on a fringe of existence and in most cases in extreme poverty.
Widows in Ancient Near East
The Ancient near East world had a special place and consideration for the disadvantaged groups which are the widows, orphans and the foreigners. According to Catherine P Foster “The Near East is traditionally regarded by archaeologists and ancient historians as the region of southwest Asia, specifically the area encircled by the Mediterranean Sea, the Black Sea, the Caspian Sea, the Red Sea and the Persian/Arabian Gulf. In modern times this region includes the countries of Israel/Palestine, Lebanon, Syria, Turkey, Jordan, Iraq and western Iran. Some scholars also include Cyprus and Transcaucasia (Georgia, Armenia, and Azerbaijan) in their definition of the Near East, though these should probably be considered "eastern Mediterranean" and "the Caucasus" respectively. Egypt, though certainly a player in terms of Near Eastern ancient history,” (Foster 2011)
Several texts from there reveal the concern of the society to the widows. According to Bromiley Hammurabi who is said to be the first King of the Babylonian dynasty 1792-1750BC. He had a set of rules and laws. From these laws “The Hammurabi boasted that his laws provided justice for the poor (ANET, P.78). In his prologue in the famous law codes in the Mesopotamia, Hammurabi affirms his mission as sent by the gods saying he was called
“To make justice appear in the land. To destroy the evil and wicked (and so that) the strong might not oppress the weak (Patterson 1973, 226)
In the closing remarks he concludes the reason for the enation of the laws saying:
So that the strong might not oppress the weak (and so as) to give justice to the orphaned (homeless) girl and to the widow)
In Egypt protection of the widows, orphans and the poor were a mark of the benevolent King. Peter Longman Enns in the Dictionary of the Old Testament Wisdom and writing tells of the story of the Egyptian king Meri-kare purported to have been written by his father Khetty III, whose reign is around 20th Century dynasty giving an advice “ Do justice while thou endures upon the earth. Quite the weeper, do not oppress the widow” (Enns 2008, 687).
In the Ugarit text they mention that ‘judging the cause of the widow as a true mark of a good ruler” (Bromley 1973, 1060). In these texts they reveal the cases of two royal figures in the following fashion:
Thereupon Daniel the Raphaman…picks himself up he sits before the gate… he judges the cause of the widow(s) he adjudicates the case of the fatherless. (Patterson 1973, 226)
In another classic, King Keret, who was sick was confronted by his avid son saying:
You did not judge the cause of the widow, you did not adjudicate the case of the wretched, you did not drive them that preyed upon the poor, and you did not feed the orphan before you or the widow behind you. Since you’ve become a brother of the sickbed a companion of the bed suffering, come down from the kingship I will be the king I will sit in your authority. (Patterson 1973, 226)
It is also clear that the care of the widows was a constant pride of those in authority especially the kings. A further examination of the Ancient Near East culture reveal more the heart and the concern for the less privileged, but these can suffice to shed light that widows were a special people as far as care was concerned.
Widows in the Old Testament
The similar chain of caring and concern as found in the Ancient Near East runs through in the Old Testament. “This concern is enshrined in the covenant law God gave to the nation of Israel
The Pentateuch and the History Books
Several plights for widows are mentioned with specific examples in the Pentateuch and historical books. The best example is Tamar found in Genesis 38. The brother’s wife was asked to lie with her to produce offspring for his late brother. Even before Moses was born there was the recognition of the predicament of the childless widow and arrangements were made for her to perpetuate the heir and the name (Genesis 38) .The other widows include Ruth (Ruth 2-7), who Boaz permitted to harvest behind his gleaners due to her being a widow. 2 Kings 4:1-7, Widows at Zarepath. She is at the mercy of creditors who would attach anything from her to recover their moneys. It is through Elijah the prophet from whom she seeks help and he intervened by providing continuous flow of oil to service her credits.
In Exodus 22:22-23"Do not take advantage of a widow or an orphan. If you do and they cry out to me, I will certainly hear their cry. NIV. The scriptures reveal them as disadvantaged women who are poor and in need of some assistance. Just few more scriptural references shall suffice to reveal the ethical expectations in the Israelite community and many more shall be referred to in due course, as found in Deuteronomy 14:28-29
“At the end of every three years, bring all the tithes of that year's produce and store it in your towns, so that the Levites (who have no allotment or inheritance of their own) and the aliens, the fatherless and the widows who live in your towns may come and eat and be satisfied, and so that the Lord your God may bless you in all the work of your hands (Thompson Chain Reference New International Version 1988, 213).
The widows would then receive their share from the tithes of the land from different people in the society. They were invited to dine to share at the festive of those celebrating the feast of weeks Deuteronomy 16:10-12
“Then celebrate the Feast of Weeks to the Lord your God by giving a freewill offering in proportion to the blessings the Lord your God has given you. And rejoice before the Lord your God at the place he will choose as a dwelling for his Name — you, your sons and daughters, your menservants and maidservants, the Levites in your towns, and the aliens, the fatherless and the widows living among you. Remember that you were slaves in Egypt, and follow carefully these decrees. (Thompson Chain Reference New International Version 1988, 214)
In matters of litigations according to Exodus 22:16, Deuteronomy 10:18, 27:19, she was expected to receive justice. Anyone who withheld justice from her was cursed by Yahweh. She normally reacted with grief to her plight, and probably wore a distinct garb as a sign of her status (Genesis 38:14 Genesis 38:19 ; 2 Sam 14:2. At times disillusionment and bitterness could result such as Naomi who wanted to be called Mara instead (Ruth 1:20-21 ) a Hebrew translation for ‘bitter’. Her crisis was made worse as she had no surviving able-bodied children or grown up children to help her work the land of her late spouse” (Lanza , 2013, 54).
Poetical Books
The poetical books reveal the widows as people who desperately needed the societal, kingly or other people’s care and concern. Those who did not pay attention to the needs of the widows were considered evil and uncultured. The book of Job labels the man with an evil heart as the man who does not regard the needs and the welfare of the widows (Job 14:1-4, 14, 21). Job even defended himself and swore that he was free of such malpractices (Job 29:7-7, 31:16-17, 21-23 “If I've ever used my strength and influence to take advantage of the unfortunate, Go ahead, break both my arms, cut off all my fingers! The fear of God has kept me from these things — how else could I ever face him?” (MSG)
The psalmist clearly painted the picture of the righteous God whose acts are inclined to the plights of the widows (Psalm 68:5). Psalm 146 reveals God’s mind on the widows “The Lord takes care of those who are in a strange land; he gives help to the widow and to the child who has no father; but he sends destruction on the way of sinners. (BBE). Solomon reiterated that the ill-treatment and the downtrodden of the society incurred wrath from God himself. Further God also watches the widow’s land in the face of the greedy and the proud. Proverbs 15:25 “The Lord tears down the house of the proud, but maintains the widow's boundaries. (RSV)
Prophetic Writings
The prophets admonished God’s people to demonstrate their righteousness acts through the care of widows and orphans and the foreigners. Isaiah reveals how unconcerned Israel was to the welfare of the widows as sign of wickedness. Jeremiah 7: 4-8 and Isaiah 1:23 “Your princes are rebels and companions of thieves. Everyone loves a bribe and runs after gifts. They do not defend the fatherless, and the widow's cause does not come to them. (RSV). The prophet saw that justice had been polluted from its source and these were the princes and the officials, whom he accused that they had become renegades and rebels running after favour and bribes at the expense of helpless members of the society. “But the helpless members of the community, the orphan and the widow who should be their special charge, cannot obtain attention”. (Buttrick, The Interpreters Bible, Volume 5, 1956., 177)
The society had the obligation to protect the widow from the would be predators .Isaiah 10:1-2 Woe to those who make unjust laws, to those who issue oppressive decrees, to deprive the poor of their rights and withhold justice from the oppressed of my people, making widows their prey and robbing the fatherless. (The Preachers Complete Homiletical Commentary-Luke 1980, 767)
The care of the orphans became the litmus test for righteousness. On this the bible says Jerusalem and its rulers had failed dismally. Even the book of Malachi can be utilized in pointing to the coming ministry of the forerunner of Messiah Himself and of the righteousness that would be inaugurated as a result (Mal. 3:1-6). According to the Interpreters bible the prophet “he regards sins against the social order as the sins which God is most particularly concerned. In this list only sorcery might be classed as a religious sin all the others are social, and the prophets lay chief emphasis upon the wickedness of those who exploit the weak and the helpless” (Buttrick, The Interpreters Bible, Volume 5, 1956., 177)
According to Bromiley there are four ways in which the woman whose husband has died would find economic security “ if she had no sons, by the law of the levirate marriage (Deuteronomy 25:5-10) the husband’s brother was expected to marry her although he could refuse to perform duties, secondly she could return to her father’s house (Genesis 38:11, Ruth 1:8). Third is that she could marry if she was young or wealthy (1 Samuel 25:39-42, 2 Samuel 11:26ff, Ruth 1:9, 13 and lastly she could remain unmarried and support herself and any children she might have. (Bromley 1973, 1060)
The widow's inheritance rights were insignificant. Some scholars believe that Israelite widows could inherit land as was the case with their Mesopotamian counterparts. But the evidence is sparse. The general rule was that the land was inalienably connected to the family of the male to whom it was apportioned.
Apocryphal Writings
In these books there were some kind gestures for the widows. In 2 Maccabees 8:28-30 “And after the Sabbath, when they had given part of the spoils to the maimed, and the widows, and orphans, the residue they divided among themselves and their servants. When this was done, and they had made a common supplication, they besought the merciful Lord to be reconciled with his servants for ever. Moreover of those that were with Timotheus and Bacchides, who fought against them, they slew above twenty thousand, and very easily got high and strong holds, and divided among themselves many spoils more, and made the maimed, orphans, widows, yea, and the aged also, equal in spoils with themselves. (King James Vesrion Bible, 1611).
Figure 1 Global Press Institute
Sirach 35:12-15 “The Lord is fair[a] and does not show partiality. 13 He is not prejudiced against the poor; when someone prays who has been wronged, the Lord listens. 14 When orphans and widows pour out their prayers, he does not ignore them. 15 The tears running down a widow's cheek cry out in accusation against the one who has caused her distress” (RSV). The point is that the community and individuals had a responsibility over the welfare of the widows. Conjectures drawn from such could have arisen because of the social stigma. Widows where given names that could only denigrate her.
Widows in the New Testament
In the New Testament not much change can be gleaned on the status of widows when compared to the Ancient Near East and the Old Testament. There is a continuation in the concern. In that similar vein Jim Wallis concluded that: we found several thousand verses in the bible on the poor and God’s response to injustice…one of every sixteen verse in the New Testament is about the poor or the subject of money” (Wallis 2005, 212). This shows a new dimension in the New Testament of the concern on the less privileged including the widows.
The Gospels
Several stories of widows are mentioned with their challenges. There is Anna the prophetess, an early witness to Jesus as the fulfilment of Israel's hope (Luke 2:36-38), widow of Nain (Luke 7:11-15), whose son died and met Jesus on the way to burial. There is also a poor widow who gave as an offering her last two copper coins as an example of true devotion to God (Luke 21: 4; Mark 12:41-44). Jesus spoke about her as a women who showed piety. Some stories of the widows come in the form of parable. There is the parable of the persistent widow and the unjust Judge (Luke 18:1-8).
The widows remained the marginalised group, victims of exploitation, “even by religious leaders (Mark 12:40)”. (Bromley 1973, 1060) In Luke 7:11-17 depicts the picture that the death of the son spelt great tragedy to the widow’s livelihood who does not have the means of survival. Jesus’s appearance is a sign of the heart of God over the widows.
The Christian church inherited from Judaism the duty of providing for the widow. Jesus even then castigated the Pharisees whom he accused of devouring the widows’ houses. Mark 12:41-44
In Luke 21:2-4 some widows became the role model in the society in their poverty when it came to matters of faithfulness. This widow, through her abandonment to God’s provision, demonstrates a life of radical dependence on God, who becomes her husband.
Besides in the Gospels Jesus did not entreat directly on the plight of widows but advocated for justice and love to the disadvantaged. We can accept the notion put forward by Professor Janine that “the Gospels emphasised the duty of the Christians to the unfortunate members of the society and he frequently admonished his followers to give their wealthy to the poor.” (Lanza , 2013)
Acts of the Apostles
It seems the early church undertook to care for all the needy in the community for the reasons that some say they were many. The care of widows in the apostolic Church (Acts 6:1-6) was paramount in the ministry of the early church so that the apostles could concentrate on the preaching of the word of God. “The murmuring of the Hellenistic group because their widows, as compared with those of the Hebrews, were being put at a disadvantage, led to the choice of seven men from the Hellenistic section who were charged with the care of those widows” (Brown 1973, 1073). Their livelihood were sustained at the public expense, and their relief being daily managed in kind, under the superintendence of officers selected for this special purpose.
Due to the growth in the early church, the Hellenists and Grecian widows were being neglected in their daily distributions so, “the case of widows without legal protection was particularly hard, and the church quickly copied the Jewish custom of providing funds for their relief” (Buttrick, The Interpreters Bible, Volume 6, 1956., 89). This suggests the changed approach according to the challenges of the moment.
The Letters
It seems like later in the pastoral letters there developed a criteria of qualifying one into widowhood who deserved help from the community of believers and the church. Paul in the letter to the 1 Corinthians 7, brings in a new shift in respect to the widows. He encouraged those in the widowhood situation to search for the need for salvation than to run after the practical concern of the everyday life.
In 1 Timothy 5:3-16, out of the body of widows’ enrolments age qualifications were considered. The qualifications for the enrolment was that the widow was to be sixty-five years of age or over ; that they had been "the wife of one man," presupposing that they only once married; and that they had led valuable and charitable lives. Titus 1:6-7 “An elder must be blameless, the husband of but one wife, a man whose children believe and are not open to the charge of being wild and disobedient.” (NIV). While the church supported widows there seemed to be an understanding that the younger widows had chances of getting married hence they could not be heavily considered among the widows who needed church support. Those with relatives were encouraged to have support from their surviving relatives making it definite that there were some qualifications to be accepted on the widow’s list.
According to Bromiley “to be enrolled a widow one had to be at least sixty years and to have demonstrated a commitment, to remain unmarried and to give herself in the service of God”. (Brown 1973, 1060) In that regard she was cared for and placed in a pastoral responsibility. The New Testament Churches recognised their responsibility and duty to the widows. Taking care of the widows’ issues is considered also as the religion that is without fault. James wrote: "The religion which is holy and free from evil in the eyes of our God and Father is this: to take care of children who have no fathers and of widows who are in trouble, and to keep oneself untouched by the world”. (BBE)
Revelations
Rev 18:7. This verse paints a picture that widowhood would soon vanish with the intervention of Yahweh whose presence represented the end of suffering. This suggest that being a widow meant vulnerability hence the need for protection from the society.
Symbolic use of the term
The word was used symbolically for the defeated nation as under curse or even under God’s reproach. This could have been necessitated by how a widowed woman was viewed by the society, as a reproach before God. That could be the reason why being a widow was used when the nation was threatened and considered under curse arguing that the women would become widows, was another way of saying the men will be killed (Exodus 22:24, Psalm 109:9 and Ezekiel 22:25,Jeremiah 15:8, 18:1. This depicted the sorry state of the nation which was vulnerable to the enemies. According to Charles Draper even a “city could be called a widow figuratively” (Draper Charles 2003, 1060) Isaiah 47:5-9, Lamentations 1:1; 5:3 and Revelations 18:7. Further he gives another figurative way of saying as found in Isaiah 54:4 that “God can restore a widowed city.” (Draper Charles 2003, 1060)
Why were widows poor then
According to Azeem "The continuous and unbroken tradition since the Biblical days gives the female members of the household, wife and daughters, no right of succession to the family estate. In the more primeval scheme of succession, the female members of the family were considered part of the estate and as remote from the legal personality of an heir as the slave. Whereas by Mosaic depiction , the daughters were acknowledged to succession in the event of no male relation remaining, the wife was not accepted as heir even in such conditions." (Azeem 1995, 22). So why were the female members of the society normally poor? According to Rabbi Einstein he answers by saying that “They are owned --before marriage, by the father; after marriage, by the husband?” (Azeem 1995, 22)
The Biblical rules of inheritance are outlined in Numbers 27:1-11. According to this view, a wife is given no share in the husband's estate, while he is her first heir, even before her sons. A daughter’s inheritance was there only if there was no male heirs existing in the family. A mother could not be an heir at all while the father was alive. Widows and daughters, in case male children remained, would only get anything at the wish of the male relatives. This could account to why widows and orphan girls were found among the most destitute members of the Jewish society. Christianity has emulated that for a long time with changes having been witnessed in last century. Both the ecclesiastical and civil laws of Christendom would not allow daughters from sharing with their brothers the father's patrimony. Besides, wives were deprived of any inheritance rights. These laws survived till late 20th century.
Conclusion
In conclusion the clear observation is that throughout the Ancient Near East and the bible times the concern for widows was a mark of good leadership and the mark of true worship and moral uprightness. The judges who acted right to the widows were considered just judges. We can observe how the concern for the widows was woven supremely in into important festivals, covenant making and upholding of the religious life of the Israelite community. Donald Wayne asserts that “the early church’s hospitality was not limited to the specialised function with the poor, relief for the widows and the persecuted, but also to all the disadvantaged of the society. This was of equal importance since that operated in the dissemination of the Gospel tradition” (Wayne 1936, 145) Moses solemn challenge can summarise what should be taken in by the people today in Zimbabwe: in Deuteronomy 27:19 "Cursed is the man who withholds justice from the alien, the fatherless or the widow." Then all the people shall say, "Amen!" (Thompson Chain Reference New International Version 1988, 224)
3
TRADITIONAL Interpretation of the parable
Introduction
In this chapter I will interpret this parable according the traditional view which is the long used, accepted and the widely understood meaning. This will include the authorship, dating, audience and then will use the exegetical method in interpreting the parable. Amy Jill Levine puts it this way “parables are designed up one’s world views and question the conventional” (Levine, The Widow Keeps bothering me 2011, 125) .This understanding is vital for it seeks to take the story to its original setting, Sitz Im leben
The Gospel of Luke
Traditionally the gospel has been ascribed to the authorship of Luke who is also argued to be the writer of Acts of the Apostles. So what evidence is there to confirm Luke’s authorship of both volumes? Generally scholars have agreed that the two volumes Luke and Acts have similarities that point to a single author, while still some radicals refuse that notion. Henry J. Cadbury refusing Luke’s authorship said “there is much about the tradition and the circumstances of its origin to lead us to suspect that it is solely from the New Testament text” (Strealm 2008, 99) .Mount further argue that “The ‘I’ in Luke 1:1-4 was an unknown Luke whose name provided a handle for Iraneaus to link with the Luke of the Pauline letters.” (Strealm 2008, 99) .
Most scholars agree that the author’s name is Luke but which Luke remains a perennial problem. Since this presentation is not on authorship but the content and material found in the Gospel, I will use the title Luke as the writer of the Gospel. There are two distinct evidences on authorship that can be discussed to testify on authorship, that is external and internal evidences.
External evidence.
Several ancient texts testify to the authorship of Luke. According to Robert Stein “the oldest Greek Manuscript contain the title ‘The Gospel according to St Luke’ (Stein 1997, 21). Besides there is the Muratorian Canon (ca 170-180) and according to Stein reads “The third book of the gospel: according to St Luke” (Stein 1997, 21). Tertullian (208) against Marcion mentions also “Luke the follower of Paul as the author of the third gospel” (Stein 1997, 21).
Luke’s authorship is confirmed by Clement of Alexandria, Origen, Eusebius, Jerome and a number of other early church Fathers. From this observation we can conclude by the words of Geldenhuys that “Early third century tradition have attributed the authorship of the third gospel to Luke. However, recently some scholars have rejected the tradition that identifies Luke, the companion of Paul, as the author of the third gospel” (Geldenhuys 1999, 43). The ascribed notion puts forward the idea that the writer might not have been the companion of Paul.
Internal evidence
The prologue of both Luke (1:1-4) and Acts (1:1-11) suggest the continuation from the other addressed all to Theophilus, whose identity remains a matter of speculation. The Epilogue of Luke (24:50-53) and the beginning of Acts (1:1-11) suggest a second volume of the work previously done. Luke is mentioned by name three times in the Pauline and Deutro-Pauline epistles, and always with affection (Colossians 4:14; 2 Tim 4:11; Philemon 24). From Colossians 4:11, where the companions of Paul, "who are of the circumcision," are distinguished from those afterwards named, we gather here that he must have been before his conversion a Gentile.
In the latter of part of the second volume, Acts of the Apostles the writer does not write as an outsider but he has become a participant. This comes out in the “We” passages. “The narrator does intrude into the narrative (Acts 16:10-17; 20:1-18 and 27:1-28:16). (Pearson, Mikeal Carl and Richard I Pervo 1993, 66). Some critics have argued that the ‘we’ passages are part of the sea voyages genre while the author himself was not a participant. However it does not appear to be the case when one looks at 16:13-17; 20:7-12, 18-38; 20:2-10a. Arguments brought by Robert Stein suggest that the author used eye witness material which then he fraudulently used to claim that he was a participant. So if that’s the case can we credit the work of the man who intended to give an orderly account of things to be reliable? This can help appreciate these statements from face value that the author was a participant.
Luke’s audience
There have been many questions regarding the community to whom Luke was writing. Some scholars have argued that Luke wrote to a Gentile audience, others God fearers citing Theophilus (Luke 1:1 and Acts 1:1. Different views argued that “Theophilus is not an actual name but a metaphorical or fictional one, whom others suggest he was a Roman provincial governor who was later to hear his case.” (Stein 1997, 27). Those who subscribe to the Gentile audience cite 6:14, 8:54, 22:42 and 23:45. The audience is then argued to have been the Christian Gentile audience, whom he understood to be familiar with the tradition… so that you may know the exact truth about the things you have been taught. Luke 1:4 (NASU)
Others claim he is writing to Christians from a Jewish background. Similarly, there are questions as to the nature of the community for whom Luke is writing. Opinions vary as to whether Luke is writing to a specific community, a group of communities or an ‘open market’ (Tenney 1985, 129). Probably the most attested view is to Theophillus who has been argued to be a God fearing Gentile.
“If Luke’s readers were Gentile-Christian, there are some clear implications about the purpose of his writing. Various suggestions that Luke wrote for the purpose of evangelism or to defend Paul at his trial or to defend Christians in the eyes of Rome must be rejected. The purpose of Luke-Acts must be understood in some way as ministering to the needs of a specifically Christian audience (Stein 1997, 27)
This view tallies well with the interest of the author, the view of the society on some groupings and individuals. He has a special interest on the widows desiring society to appreciate their worth and showing the divine being successful in communicating with women/widows as compared to the traditional temple and the male dominated society or the priestly order.
Widows
King argues that “Today it is commonplace in the study of Luke-Acts that its author, more than any other in the New Testament, has a pronounced interest in women. Leonard Swidler summarizes the Statistics concisely: “Where John has eight passages dealing with women, Mark 20, and Matthew 36, Luke has 42” (King, 1987, 38-51).The Lucan narrative introduces five widows: the prophetess Anna (Luke 2:36-38); the widow at Zarepath (Luke 4:25-26); the widow at Nain (Luke 7:11-17); the importunate widow (Luke 18:1-8) and the widow and the temple treasury (Luke 21:1-4). Of the five widows found in Luke's gospel only one, the widow and the temple treasury (Luke 21:1-4), finds a parallel in Mark and there are no parallels with Matthew, Acts 6:1 mentions the widows of the Hellenists, widows appear in the account of the raising of Tabitha (Acts 9:36-42
Parables
The story of the importunate woman is not a real life story but a parable. Jesus used parables to teach his disciples and the community important life lessons and the kingdom of God principles. From the parable he teaches them on persistence when praying. These parables were clearly ideal for the community, custom and culture of that time. Their lessons are well understood if put in their context. But how could one also export the story in the 21st century and compare two different eras. But the first port of call what is a parable.
The English word parable is argued to be a loanword from the Greek word parabole with para meaning side by side while bole meaning throwing” (Bruce 1896, 45), which is from a verb signifying to put forth one thing before or beside another. The equivalent Hebrew word is marshal meaning "a proverbial saying” (Doeknsen 1970)
Several definitions have been given by several scholars. Adolf Jullicher (1963) argued that the definition of the parable is found after comparing the historical context of Jesus’ ministry. His argument being that Jesus’ setting brings clearly the meaning of the parable. Joachim Jeremias (1972) defined parable as “as a figure of speech, uttered in a situation of the life of Jesus- usually one of conflict- and is intended to correct, reprove, or attack. So for him it becomes the weapon of warfare to correct some misnomer. Don Otto via (1967), John Dominc Crossan (1988) gave his definition which he interpreted saying the parable is a story that subverts the world. In subversion he meant the undermining of the power of the known and the established world (Crossan 1988, 44).
One can see that we do have many definitions by many scholars who attempted to define the subject. But the working definition that shall be used is “A parable is a figure of speech in which a comparison is made between God’s Kingdom actions and something in this world real or imaginable. Thus for our purpose of the study, a parable is a similitude or full-length story, true to nature and to life, a picture of something which can be observed in the world of our experience, which was told by our Lord to illustrate a divine truth. Dominic Crossan’s definition shall be the thrust of the study in the idea of flipping or overturning things from the usual way of operation to achieve justice.
The use of parable was not unique to Jesus but can be gleaned from the Old Testament in the form of proverbs. The parables would include Nathan’s story of the poor man’s lamb in II Samuel 12:1-4, the two eagles and the vine of Ezekiel 17:1-10, and the prophet Joab’s story (through a woman of Tekoa) in II Samuel 14:1-13.
The parable of Luke 18:1-6
According to Ryle “The parable is told and explained by Jesus himself” (Ryle 1985, 683). Jesus is on his way to Jerusalem, travelling along the border between Samaria and Galilee (Luke 17:11-12). On his way he began to teach them on several issues including the persistence on prayer. The story reads
Then Jesus told his disciples a parable to show them that they should always pray and not give up. 2 He said: "In a certain town there was a judge who neither feared God nor cared about men. 3 And there was a widow in that town who kept coming to him with the plea, 'Grant me justice against my adversary.'
4 "For some time he refused. But finally he said to himself, 'Even though I don't fear God or care about men, 5 yet because this widow keeps bothering me, I will see that she gets justice, so that she won't eventually wear me out with her coming!'" 6 And the Lord said, "Listen to what the unjust judge says. 7 And will not God bring about justice for his chosen ones, who cry out to him day and night? Will he keep putting them off? 8 I tell you, he will see that they get justice, and quickly. However, when the Son of Man comes, will he find faith on the earth?" (Thompson Chain Reference New International Version 1988, 1164)
This parable of the unjust judge also known as the Parable of the Importunate Widow or the Parable of the Persistent Widow or the persistent widow is only found in Luke’s gospel based on the characters of two people – a widow and a judge. “The story revolves around two starkly contrasting characteristics: the powerful judge and the powerless widow”. (Bromley 1973, 1073) The widow, a person of no standing in the Patriarchal Jewish setting where in marriage she moves to stay at the husband’s place, repeatedly presents herself in a public place, before a judge, a male person of significant status, demanding her rights, the only person who can offer her justice against the person who was troubling her. The judge we are told neither feared God nor have respect for anyone. The widow is said to have persistently knocked at the judge’s door seeking justice. She got her request when the judge realised that woman continues to come and will finally wear him out.
According to Hultigren “in the context the oppression does not mean that he simply lacked respect for others, but he had outright contempt for those who came before him.” (Hultigren 2003, 255)
The widows comes to the judge to have her case settled over against an adversary. Who could that be, and what is the issue between them. We are not told. Mostly likely it could have been a money matter. Possibly she has a lawsuit against one of the heirs of her husband’s property, or perhaps she is being evicted from her home, as widows sometimes were and are also today (bolded italics are mine) (Hultigren 2003, 255)
Exegesis
While the most common accepted interpretation of this parable has been on the persistence on prayer, I will discuss this passage arguing on persistence as a virtue of the widow that earned her the title ‘The persistent widow’ (King James Version) and yielded desired results. The interpretation of the parable may be divided into four categories of concerns: (a) the character of the widow; (b) the character of the judge; (c) the widow’s demand and the judge’s response; and (d) the motive for the judge’s eventual concession.
The Character of Widow ( V 3,5)
The widow is pictured as “a symbol of helplessness” (Morris 1994, 263). While she was a symbol of helplessness it can be argued that she was a widow who had wealth because her continuous coming suggest someone who had something to fight for. Bruce adds of her character saying that she was “too weak to compel, too poor to buy justice”. (Bruce 1896, 159).What makes this widow famous is her absolute determination, shameless and constant persistence facing the judge alone. Despite judge’s reluctance to offer her justice, she never gave up. She kept coming to the judge. She kept bringing her petition and request forward, and finally, she was heard.
It’s her willingness, born out of her desperation, but still her willingness, to break the rules that governed the conduct of all Jewish women. It is argued that “Female space or female things where females are allowed are things that female deal exclusively such as the kitchen and the kitchen utensil, the public is the well and drawing water, spinning and sewing the public being the oven and bread making, sweeping the house…the place of control between the inside and the outside are the family courtyard, the village square or the area by the city gate are for females when males are with them, although females may enter when no males are present.” (Roetzel 1985, 99) “What she should have done was to find a man to represent her in court, to leave it to others to negotiate a deal for her, to be patient and respectful, even if the system was corrupt, to accept the way things worked, to keep her dignity. Instead she acts persistently to pursue her cause.” (Hicks 1991, 115). In light of this “having a woman in court meant that she was entirely alone with no man in the extended family to speak for her…” (Bailey 1980, 135). This notion is supported from a quotation from the Tractate Shebouth saying “Do the men come to the court and do not ever women come to the court..? You might say it’s not usual for a woman because ‘all the glorious King’s daughters are within (Psalm XLV), the kings daughters, the Jewish woman in modest stays inside her home as much as possible” (Bailey 1980, 135)
Character of the Judge (4,6-7)
He is called the unjust judge. He is described as the judge “...who neither feared God nor cared about man” (V2b). His character is confirmed in his monologue in verse 4 “…Even though I don’t fear God or care about man”. This is more confirming the character that is said of him. Plummer puts it this way “He had no respect for either the Vox Dei or the Vox Populi, consciously defying divine commands and public opinion” (Plummer 1960, 411) Judges were expect to uphold the laws of the land. But however this was not the case. He does not respect or take seriously the judgment of God nor God's regard for humans and certainly not for those such as the widow and the fatherless (Luke 18:4), “…he had outright contempt for those who came before him” (Hultigren 2003, 254). For Manson he suggest that the judge could only respond to bribes. Scholars like Bailey would argue that the judge was beyond shame, neither an appeal to God’s justice nor an appeal to human needs can evoke a sense of shame” (Herzog 1994, 218). But the scripture advocated justice as found in Isaiah. Further it states in Isaiah 1:17…learn to do right! Seek justice, encourage the oppressed. Defend the cause of the fatherless, plead the case of the widow”. (Thompson Chain Reference New International Version 1988, 758). He was however contrary to the righteousness of the judges as expected in the Jewish Torah. He was expected to listen to the cause of the fatherless and more so the disadvantaged of the society. As such the judge ignores the request of the widow and that earned him the title “unrighteous judge”. “Although the judge was the one who was to provide justice, he was often the one who perverted it.” (Hicks 1991, 215)
The Widow’s demands and the Judges’ response
The widow’s request was “Grant me justice against my adversary”. According to Schleusm quoted by Plummer said “Assere me jure dicundo ab injurio aversarii mei. The meaning is ‘preserve me against my attackers’ rather than ‘deliver me out of his power” (Plummer 1960, 412) “The widow’s request does not include the ‘notion of vengeance but that justice to be rendered to the oppressed.” (Godet 1952, 201).The judge’s response is to wait. He refuses for a long time to give her justice, her pleas were in vain. Conjectures have been made as to the judge's motivations, e.g., waiting for a bribe, not wanting to offend the more powerful person who caused the injustice to the widow. Though it is not stated whether he repented but he finally gave in to the widow’s request. Reid says that though he did not repent he simply wanted to “rid himself of her bothersome presence” (Reid 1996, 96). It is not stated why the judge won't grant her request. In the very delay the judge was showing disrespect, not only for the law of God, but for common Jewish practice.
The motive for the Judge’s eventual concession
Finally the judge consented to grant the widow her request. The motive of the judge is clearly stated in this way: “so that she won’t eventually wear me out with her coming” (Thompson Chain Reference New International Version 1988, 1164). According to the Preacher Homiletical Commentary the yielding to the widows demands was out of personal convenience, “it was troublesome to do as she wished but when it became more troublesome not to do it, he did it” (The Preachers Complete Homiletical Commentary-Luke 1980, 483). This literally meant to “strike under the eye, give a black eye to,” and occurs only in one other place in the New Testament (1 Cor. 9:27.
“She will blacken my face,” a well-known expression throughout the Orient, is not unknown in Hebrew (Lamentations. 4:8; 5:10; Jeremiah. 8:21; Joel 2:6; Nahum 2:10). “He has blackened my face” means “he has effectively slandered me, or has treated me in such a way that my prestige has fallen; he has, in effect, disgraced me.” Thus, the judge may be afraid of losing his prominent position. (Hicks 1991, 217).
“The figurative sense intended here is to ‘wear down with persistence as one boxer wears down the other”. (Strauss 2002, 141).The judge can be argued to have consented for selfish reasons, which is the fear of having a bad name or losing his position in the society with its laws. Howard Marshal puts it this way “The judge’s fear is that the woman’s continual nagging will wear her out or get him a bad name for refusing to hear her entreaties.” (Marshal 1978, 673) While he disregarded God and human beings he feared public humiliation.
Traditional Interpretation
According to Luke 17:22-37 Jesus had been discussing with his disciples telling them that they will long for his revelation. But before the revelation there shall be suffering and they were to persevere waiting for that revelation. The suffering will be due to the corrupt system that will not heed the needs of God’s people. So his emphasised the need to keep on praying while in that anticipating period. The story of the persistent widow would encourage them to remain faithful and not to fall into apostasy or compromise their faith and never to loose heart. Luke 18:1 “Then Jesus told his disciples a parable to show them that they should always pray and not give up”. (Thompson Chain Reference New International Version 1988, 1164). So the story is then said to encourage them to remain faithful.
So there are two schools of thought on the interpretation of this story. The first interpretation does not sound so much as theological sound. If Jesus was talking to his disciples about prayer then the widow was the petitioner, in this case might be the disciples or the believer/s and God is the judge. This similitude poses challenges when one looks the character of the judge and how much the widow beckons for mercy with no success. The widow (petitioner) kept coming to the judge with her plea. Luke 18:3-5 “And there was a widow in that town who kept coming to him with the plea, 'Grant me justice against my adversary.' 4 "For some time he refused. But finally he said to himself, 'Even though I don't fear God or care about men, 5 yet because this widow keeps bothering me, I will see that she gets justice, so that she won't eventually wear me out with her coming!” (Thompson Chain Reference New International Version 1988, 1164)
She can be regarded as a role model in persistence prayer as she laboured to the judge to get what she wanted. Luke 18:6-7 And the Lord said, "Hear what the unrighteous judge says. And will not God vindicate his elect, who cry to him day and night? Will he delay long over them?” (Revised Standard Version Bible 1988). The persistence of the widow is then taken by the judge to be pestering and nagging. This made him grant the widow her request for he was not amused by her nagging. This interpretation however demonises God as it paints a picture of God that he needs constant and continual nagging to answer prayer. According to William Herzog “The choice of an unrighteous and recalcitrant God does not inspire confidence in praying any more than it answers the question of delay in vindicating the elect” (Herzog 1994, 217). According to this idea if God becomes the callous judge he then delays in lifting up the suffering of those who believe in him.
The other interpretation which sounds theologically correct is that God will readily answer prayer. He does not need any inducement and nagging in order to respond because he is just and compassion. So if the unrighteous judge is ready to respond to the widow how much more God. In verses 6-8 “And the Lord said, "Listen to what the unjust judge says. And will not God bring about justice for his chosen ones, who cry out to him day and night? Will he keep putting them off? I tell you, he will see that they get justice, and quickly. However, when the Son of Man comes, will he find faith on the earth?" (Thompson Chain Reference New International Version 1988, 1164)
So for Luke the suggestion is that if one hears what the unrighteous secular judge did that would encourage one to keep praying and never to loose heart. This parable is a standard Jewish "how much more" ( qal vahomer) argument: if the unjust judge who did not care for widows can dispense justice, how much more will the righteous judge of the whole earth, who was known to be the defender of widows and orphans? . “The argument being that if the lesser case is valid [a dishonest, uncaring judge] who finally see that justice is carried out for an insignificant widow then the greater case must be valid [a holy, caring God will help his own people who ask him” (Evans 1990, 1534). Intended results are achieved by persistence in requesting and for Jesus that will be praying.
This second traditional interpretation however makes the persistent widow a model in an unjust system and society. She is an example of a widow who is prepared to fight against protocol, tradition and cultural norms in order to gain justice and win a case. The unrighteous judge however granted the request only fearing for his name. The judge might have feared stigma in the society. Isaiah 1:23 your rulers are rebels, companions of thieves; they all love bribes and chase after gifts. They do not defend the cause of the fatherless; the widow's case does not come before them. (Thompson Chain Reference New International Version 1988, 758)
This parable can then be the weapon and tool that subverts the societal norms. This then becomes the source of empowerment to the disgruntled, evicted and deprived widows in our culture today.
Conclusion
We may observe several issues on this chapter. The assertion by Robert Stein is essential here when he argues that “Whoever the author was, he meant to share with his readers his understanding of the life and teaching of Jesus Christ.” (Stein 1997, 24). We can conclude that this woman becomes a role model in an unjust society who subverted the norms and went “into the man’s world, without money for bribe or powerful friends” (Bailey 1980, 135), to gain justice.
CHAPETR 4
Re-reading the story as a way of liberating widows
Introduction
This chapter shall focus on retelling the story using some contemporary interpreting methods and ideologies so that the widows of today can fully utilise it for self-empowerment. Amy Jill Levine agreeing with the rereading says “If the parable cannot be domesticated it cannot be turned into something that neatly fits our preconceived notion of religion and morality, if it shakes up then we may be on the right track”. (Levine, The Widow keeps bothering me 2011, 124). This becomes the source to a lady today in empowerment. The methods adopted in this chapter are pertinent in finding firm ground on today’s widow’s challenges as well as the interpretations of the parable to their challenges.
Honour and Shame
The Jewish way of Honour and shame notion works and can be applied effectively in a communally based society which is typically Zimbabwean and maybe most parts of Africa. This is because in most African countries, public opinion have can become chief sanction of all conducts besides property is mostly communally owned and used. However one can argue against this modus operandus as the source of most the widow’s deprivation and suffering for fear of being called a shameless person preferring to maintain honour.
Judaism also is not an unbiased set of beliefs about God, man and the universe. It is a inclusive way of life, filled with rules and practices that affect every aspect of life in relationship to another: what one does when they wake up in the morning, what one can and cannot eat, what one can and cannot wear, how to groom yourself, how to conduct business, who you can marry, how to observe the holidays and Shabbat, and perhaps most important, how to treat God, other people, and animals (Rich 1995-2011). This set of rules and practices is branded as halakhah, which is the path that one walks.
This Jewish way of life helps and shades light in the implications and the operations of Honour and shame. This helps in understanding the expectations of the society on anyone and helps in subverting the world of the parable of the persistent widow.
Honour
Honour defined is "The positive value of a person in his or her own eyes plus the positive appreciation of that person in the eyes of his or her social group" (Malina J.B & J H Neyrey 1991, 25). So how an individual views himself/herself and the social setting of that person plays a pivotal role in giving value and worth or even remove it. Elliot adds to concept of honour saying “"This is the socially approved and expected attitudes and behaviour in the areas where power, sexual status and religion intersect. It is the public claim to worth and status along with the social acknowledgement of such worth status and reputation" (Elliot 1993, 130). So men and women alike are victims of the societal norms.
It is agreed that an honourable woman remains with her own responsibility alleviated unless she intends to courts disaster by stepping out of her socially acceptable boundaries. So the persistent subverted the norms of the world and went beyond the social boundaries, which honourable woman in her culture would not dare pass, that is of entering the man’s world. The honourable woman born with proper sentiments of positive shame, which she inherited from her mother and strives to avoid the human contacts that that might expose her to dishonour. She cannot succeed in this without the support of the male authority and control. That why woman not under the tutelage of man that is childless, widow and divorced women without family are viewed as stripped of honour. So socially they are sexual predators and aggressive and hence dangerous. (Malina, The New Testament World: Insights from Cultural Anthropology 2001, 48) . The persistent widow could have been regarded as a danger to the society, that could possibly earned her the title of a loose moral somebody by constantly visiting a male person in his domain continuously, but disregarded all that.
In a context where honour and shame is both male and female, the word shame is a positive symbol. It refers to a sense of sensitivity about one’s own reputation, sensitivity to the opinion of others”. The persistent widow should have acted in a manner that was sensitive to the ascribed norms of the society and then she would be called a widow with shame.
The persistent widow however did not consider this over and above what she was seeking which was vengeance for the adversary. Priscilla Misihairambwi Mushonga, a legislator had the legal battle with the in-laws and the step-children over the million dollar worth of estate in 2011 after the death of the husband, Christopher Mushonga. When she resigned to defeat she remarked and said “ I would prefer to become a statistic of a victim of society that unfortunately has failed not only to protect me, but to provide the platform to a majority of widows that must face this abuse every day” (Mushonga Estate dispute joins the fray 2010) . she is however viewed as the victim of honour shame model because she is argued to have let down the majority of widows who looked up to her as an activist, government official and feminists who would have set the record for the rest of widows. It used to be viewed as only the uneducated who were victims of this harassment but it’s also the prominent who can succumb to maintaining honour at the expense of their inheritance. Later even the prominent Lawyer Beatrice Mutetwa is quoted to have said “actually it’s a tragic for all Zimbabwean woman that she has given up fight so easily”. She maintained but that was not good news to the ordinary widow who needed some inspiration to soldier on.
Family History
Luke 1:3 “A widow of that city came to him repeatedly, saying, 'Give me justice in this dispute with my enemy.'(Holy Bible, N LT). The widow is not mentioned by name or family only as the widow. The lack of historical connection to any family suppose that her position or influence in male dominated society was insignificant. She lacked ascribed or acquired honour .She was a vulnerable, weak and powerless in the society. She possessed not even achieved honour. This “refers to the reputation and fame an individual earns by his own merits. The traditional avenues for achieving honour in antiquity included civic benefaction, military exploits, athletic games, aesthetic competitions in drama and poetry. These represent the conduct the ancient elites expected of freeborn and noble males and consequently rewarded (Neyrey 1998, 16) “The widow in the parable understood the dictates of the society and by passed them to gain her rights. She went to the judge without any reputation or family history but alone though she was meant to have a legal male representation in form of a son or the husband’s relative before the judge. She did the shameless thing to do which could have resulted in her losing her dignity before the society or being considered a predator.
The shameful thing to the persistent widow was to invite the male relative in most cases the brother of the deceased who would represent her in court. She needed her family to represent her to achieve her goal. But she acted otherwise.
Marriage
Once one was married they would acquire honour due to marriage but how ever when the husband dies the opposite becomes true of losing the acquired honour. There are times when widowhood was considered a curse from of God hence expectation hence the society would expect them to put a certain regalia fit for the widow and would show forth that by her behaviour and to avoid certain public platforms because of her status and condition. There were expectations for the widows Genesis 38:14 “she took off her widow's clothes, covered herself with a veil to disguise herself, and then sat down at the entrance to Enaim, which is on the road to Timnah. For she saw that, though Shelah had now grown up, she had not been given to him as his wife.” NIV. It was when Tamar put off the widow’s garments that should easily disguise herself to be someone else.
Shame
Shame can be looked at as the reversal of honour. The Readers Digest Oxford Dictionary defines shame as “a feeling of distress or humiliation caused by consciousness of the guilt or folly of one’s self or an associate”. (Tulloch, Reader's Digest OxFord Word Finder 1992, 1420). To avoid those negative emotional feeling there is need to consider norms and accepted pattern of behaviour of the community. The role of the society, people group individuals acknowledged in creating a shameful attitude. The Random College dictionary defines shame as “the painful feeling of having done or experienced something dishonourable, improper and foolish…” (Sol Steimetz (Editor in Chief) 1997, 1187). So one is expected to be positively a shameful person in response to the norms of the society no matter what the pain or consequence maybe.
A shameless person is a person with a dishonourable reputation beyond all social doubts on the outside, the boundaries of acceptable moral life, hence the person must be denied the normal social countesses.” (Malina, The New Testament World: Insights from Cultural Anthropology 2001, 32) . This is equivalent to Shona idiom “Ane ganda kumeso, anombonyarawo. (She is conscious of the dictates of the society and therefore acts accordingly. The persistent widow went against societal dictates and accepted norms by venturing into the public male domain, approaching a male somebody and persistently doing that, thereby subverting the world and its customs… “And there was a widow in that town who kept coming to him with the plea- at recurring intervals…” (Luke 18:3a)” (Thompson Chain Reference New International Version 1988, 1164)
Different set ups and norms become catalysts and dictates in the honour and shame model such that reading the story of the persistent widow (Luke 18:1-8) from these environments help in trying to free the woman today.
Group Mind-set
Luke 3:1 “A widow of that city came to him repeatedly…” The society and the groups and culture one finds themselves in determines a lot on the behavioural pattern of the relationships of the people found within. The society regulates or determines the acceptance of a given conduct, and so can either call a behaviour shameless or honourable. The act of coming continuously would have earned her a bad name and had stigma associated with that. The persistent widow found herself in society that valued the behaviour of another as a direct implication of the holiness of God, which is his chief virtue. Mathew 5:48 “Be holy therefore as your heavenly father is holy” This speaks of positive shame that acts considering what the society values. Shameless then means acting contrary to the norms of accepted pattern and behaviour. In any given society people’s behaviours and characters are governed by “societal values of honour and shame” (De Silva 2000, 23). They are either determined by the deity or customs valued by the society. She was supposed to have restrained herself by not approaching a male person unendingly, for a case that the male person would not have deemed worthy or necessary.
A widow just watched whilst her deceased husband’s relatives were packing the property and never said a word. In reply to the question why she had not even protested, she answered that she had to be seen as a muroora, respectful daughter-in-law. She showed this respect by letting them do as they please. This behaviour follows the Shona custom/belief that the relationship between a married woman or widow and her in-laws is that of respect mixed with fear. (Mukonoweshuro June, 1992, 81)
Zimbabwean’ widows are not immune to this way of life. They are subjected to the local and cultural values to determine what is acceptable, honourable and shameless. An honourable muroora once married must exhibit and maintain acceptable behavioural values to the in-laws to which they must be regard as respectful. This includes not challenging the in-laws as that might be construed as an unbecoming behaviour of muroora. Like in the ancient Mediterranean culture even today “…people were fundamentally concerned with the approval they experienced with their fellow citizens” (De Silva 2000, 35).This has resulted in many women ascending to the view that “as a woman, I am expected to do what I am told by my brother-in-laws. I cannot make decision on my own”. However opinion differ and some look at the consequence of being a good muroora. Georgina Terere a widow in rural Areas of Rusape says “Ukada kuita good muroora mangwana vana vanotambura, izvi zvakaitika munehwangu hupenyu dai pasina kuti denga rakazondirwira, ngavakuvenge uri pachokwadi uye uchivaremekedza. (If you want to be a good daughter-in-law your future and your children’s future will be of suffering like mine. If it was not for the heavens that intervened, let them hate you as long as you are saying the truth. (Terere 2014)
When the husband dies she then has to remain under the name of the deceased who would look after her or even represent her. If she fails can that be construed and taken as shameless woman .So to remain a woman with shame she has stays with the in-laws. These are behaviour are determined by “socially preferred sanctions or orientation for behaviour” (Malina 2001, 52). This entails culturally that she act within the confines of what is accepted the community and the in-laws
Figure SEQ Figure \* ARABIC 2 A picture of a Good Muroora who is submissive: Jonathan Mhondorohuma 2013. The muroora is a common theme in Zimbabwean sculpture. She epitomises female beauty in the bloom of youth, and encapsulates the qualities that Shona traditions value in womanhood - humility, modesty and hard work (Unique Contemporary African art 2014)
In terms of regaining and maintaining reputation in a court set up, it is necessary for the ‘establishment of an alternate court of reputation.’ (De Silva 2000, 520), which helps maintaining the norms of that minority or disadvantaged group. This court of reputation is the source of courage who is God that even Jesus said in Matthew 10:28 “Do not be afraid of those who kill the body but cannot kill the soul. Rather be afraid of the one who can destroy both the soul and the body” (Thompson Chain Reference New International Version 1988, 1080).
The persistent widow customarily needed the relatives of the dead husband who would become her ‘court of opinion’ to support and the godly characters that would ensure her of the safety and security. If her case on any matter was not well represented then she could remain silent for fear of losing dignity. Furthermore showing courtesy to shameless person like what can be argued of the persistent widow who disregarded her social boundaries would make one foolish, since it will be foolish to show respect for boundaries where the person acknowledges no boundaries.
The persistent widow however did not compromise the accepted standards from the society and religious belief that the honourable thing was for the judge to be concerned with their plights hence she kept going and knocking at the judge’s door for justice. He continual knock against I suppose took the judge by surprise. Instead of fearing for the widow’s competitor the judge feared for his name and reputation in the society. This can be achieved also if the affected widows or affected groups of people stick together. De Silva amplifies that mind by saying that “group member’s need to understand (and articulate to one another) why the approval or disapproval of outsiders does not matter to the members of the group and why it is no reflection of the group members ‘true or worthy. (De Silva 2000, 40). The unity of widows or the formation of associations or groups of the like-minded and those of the similar challenges can be the beginning of emancipation of the widows. Though she can be regarded as shameless one can still argue that this was due to what had caused heartache to her.
Relationships
To whom one is related matter a lot in how honour is maintained. The persistent widow disregarded the concept of the honour and became shameless widow. Jerome defines ascribed honour as honour “which comes from being born into a certain family. Families have certain ratings in the eyes of their neighbour; some are noble (i.e. aristocrats) but even among village families there will always be some ranking of families in terms their reputation, wealthy and standing” (Neyrey 1998, 15). She is not mentioned not by any relationship but by her plight. That in itself could have spelt vulnerability and powerless. The widow continual going to the judge alone presupposes that she had no male representative, but used persistence as her only weapon against injustice. But however for de Silva to encourage the deprived widows where two opinions are at play that is, cultures and mind-set exist the most important thing for him is “…for the minority group to define the honourable in terms of that which protected the identity of the group. It was the task of the leader to orient (and re-orient) the group’s attention to the value system of the minority culture. Failure to do so would inevitably lead to the demise of the group as individuals vacillated in their commitment to the ideal for the subculture and leading to the loss of its distinct identity” (de Silva 2000, 518).
This can come through various organisation that represent women such as WlLSA and ZWLA and Musasa Project more can be achieved. However she went alone and uttered her concerns till she got the reprieve.
Feminist Interpretations
Liberation theological interpreters and most feminist biblical critiques have shown that the bible, in order to empower all people, must be read through the lenses of the disadvantaged. When we read the biblical stories through today’s experience, they come alive with new significance. Feminist interpreters then seek understand whether the language, and cultural values undermine the importance of a woman or widows. As such many have argued that the portrayal of the widow as hopeless, helpless and powerless is the work of the redactor or a result of female chauvinism. The argument being since she had a voice, had wealthy to stand up for to presuppose that she could have been a well to do person in the likes of Priscilla Mushonga today. So her courage can be understood from that perspective as well.
Feminist methodology allows widows to tell their stories and to write their story and their theology from their own perspective. However due to injustice in the society when widows dare attempt to take their cases to courts and write their story, there are few successes. Or, even should a widow have her claim upheld, she may be unable to enforce her remedies back in her family or community. The persistent widow wrote her story in the courts and was granted justice. The world today is looking for fearless, daring women who challenge the status quo to attain justice.
According to Schotroff “the injustice done against this (persistent widow) woman is in two fronts: she is a victim of a man who undermined the economic foundation of her life. She attempts to defend herself against the man with the help of the judge. She lays charges against whom the parable calls adversary. She is also a victim of unjust judgement that ignores her rights… because the judge thinks that he is powerful” (Schotroff 1995, 101). This view then gives the feminists the starting point as it appears that women are suffering the threat from men in different fronts because of they think they are powerful. Lamenting on Mushonga’s legal battle who accused the police of being impartial on her surrender these were some of the comments.
Women and Law in Southern Africa director Sylvia Chirau said they were quiet because they assumed that the minister was going to win her case. “We assumed everything was going to be okay because the law was on her side. We did not know that this was going to happen; she was not supposed to give up,” said Chirau. She said they had expected the minister to win her case easily because she was an “empowered woman”. “I can understand the decision, but it was a bad decision, she is someone who is powerful and empowered,” said Chirau. “She should have stood up for her rights.” (The Zimbwean 2011) Many women are said to have watched from a distance and did not render her the necessary support to her ordeal. The unity of widows can help in challenging the unjust system of the world.
Feminists are of the opinion that gender discrepancies are result of disregarding one another. The thrust and fight of feminists is to have equal rights and be the voice of the voiceless. The persistent widow had to have a voice heard and not to have struggled for a long time till one fears to be worn out. So her continuous nagging brought her voice out even though she might have been regarded as powerless. Feminist critics have re-valued the political, social, geographical, and historical contexts within which such literature exits. “Here a female victim of injustice- the ever vulnerable widow (chera)-at the hands of an exploitative male oppressor (antidikos) and in the face of unresponsive male judge ( rises above her victim position to secure through persistent speech and action (Spencer 2012, 264). There is an identification of the weapon for salvation to the feminists as persistence.
The key question for feminist’s interpretation is whether feminists can find anything of value or revelatory once the texts of patriarchal and androcentricism is confronted and questioned. It is through the questioning that the world’s oppressive systems are subverted. From the text one discover the bias to male judge as the powerful, authoritative and chooses to react in a way only if it benefits and saves them. So her confrontation is the only way out for the estranged widows. The general survey on interviewing males reveal that most man do not share the similar pain as women when it comes to that matter. It seems man do have soft spots with their relatives. Interviewing Gift Kamfungu a 29 year and just married on that matter responded by saying “Politely u have to interfere knowingly that vabereki (parents) but don’t let them loot. It is more like they males and the pendulum should swing towards them more the daughter in law should show respect to the in- laws. (kamfungu 2014) . What should be done to show that she is showing respect is the question. The persistent widow becomes a model when she confronts a male judge who is reluctant to offer her justice because she is vulnerable, powerless and in most the judges responded to bribes. The intention being to demystify the agreed and practiced norms that tend to arrest people in life in favour of other sexes. Answering on why this is more on women Vimbai responded “ it’s very rare for the wife's family to take everything ,weakness iri kuhama dzemurume, they are of the mentality that hama yavo owns everything including the wife,bhaibheri rinoti uchasiya baba naamai wonogara nemudzimai wako,moparadzaniswa nerufu,then hama dzoda kuita as if vanga varipo when this couple was toiling and suffering kumisa musha wavo.Tsvimborume zhinji dzikafirwa hadzina moyo wekufunga vana after remarrying,they usually get other women whereas vakadzi tinofunga kuti if l remarry vana vangu vanozoita sei?
“Yet because the widow keeps bothering me. This attitude of the widow is vital in fighting never to get tired but soldier on. Vimbai’s opinion brings out the issue of male society that seem not caring so much on women and their plight hence feminism seeks to demystify the ideology. Where there solution might be on persistence.
Rosemary Ruether argues that “the critical principle of the feminist theology is the promotion of the full humanity of woman” and fight until it is achieved. F Spencer adds on the persistent widow that “The widow of Luke 18:1-8 is reminiscent of Elizabeth Cady Stanton, Susan B Anthony, and other women and men who fought so tirelessly foe women’s suffering for women’s suffrage….and they never stopped fighting for what was right. (Spencer 2012, 265)
Further Louise Schotroff adds encouraging remarks that“what we see in the parable is not the victim to be pitied but a woman who fights tenaciously and whom the sexiest judge denounces as the potential violent.” (Schotroff 1995, 116). This is seen from the response of the judge “…so that she won’t wear me out with her coming” (V5b). Whatever denies, diminishes, or distorts the full humanity of women is, therefore, appraised as not redemptive….the uniqueness of feminists theology is not the critical principle, full humanity, but the fact that the women claim this principle for themselves” (Ruether 1983, 19). This comes clear in the words of Schotroff “It is it not worth considering whether the stubborn widow does not hold a better model of innocent non-violent Jesus” (Schotroff 1995, 116). As a result the judge finally vindicated her in order not to be troubled anymore by her nuisance and stubbornness.
The clear intention of the feminist approach is supported by many when they say “we want to break the spell of powerlessness and oppression and act towards responsible towards ourselves and others by beginning to assume, where feasible full responsibility and power. That means defying the gender roles that collaborate to support the violent structure of the world” (Schotroff 1995, 117).
Comparative analysis
The persistent widow swam in the same boat full of challenges that have also bedevilled our society in Zimbabwe. When I came back from evening prayer, the car and my children were nowhere to be seen. I was hurt. They could take the car but not my children. No. (Sekai 2004). As women mourns and laments laws that protect them are clearly spelt out and wonder what the future hold for them.
Scholars like Schotroff have concurred with other scholars that such a fighting spirit creates peace and would not pacify anyone creating underdogs of the other. However not all of them have found the secret behind persistence. The interviews I carried reveal that there are many who are in dire need of help but have not been able to tell their story. The story form the newspaper below paints that picture of life challenged then and today.
She returned home to find her home stripped. Every piece of furniture they had struggled to buy, the ornaments she lovingly collected, clothing, crockery, even down to the brush for cleaning the toilet and pumice stone for scrubbing feet all gone. The work of thieves? No. It is just a common case of greedy brothers who gather like vultures after a man’s death, taking all his wealth and leaving the partner, who has helped him accumulate it, destitute. (Sunday Mail quoted by Charity Chakanetsa 1992:88.)
The woman in Luke 18:1-8 crossed the boundary line to approach the judge. A reading of the text which involves a creative use of imagination into the past may indicate to us that this widow in Luke’s story was definitely subverting the worldly norms considering the social status of widows in a Greco-Roman life and ethos. A widow who could approach a judge for a favourable hearing of her case spells us that not all women were passive victims in their patriarchal society. This story indicates that some even women resisted and fought against the ills and evils of their society (Amonzen May 2011, 60). So today there are women who could have a voice but have allowed property to go due to human greedy without really speaking it out.
The observation is that many of the poor of the society are submitting to the powerful ones who have determined to get anything all they have cost. However the widows in our culture can also be inspired by the understanding that they are the fortunate elect of God. This understanding has the potential to bring a new self-worth in the society that they inhabit that is infested by injustice. Even though they might be the minority they can stand encouraged by this lady. Such stories as of the persistent widow according to Reid come from the widow traditional stories and probably had exactly the same function that widow of Elijah and Elisha narrative.
Peasants tell stories about these events, shaping the narrative to celebrate their own ability to make a marvellous breakthrough in the struggle against oppressive restrictions on human life by juxtaposing an oppressive context and an extraordinary breakthrough of it (Renteria 1978, 78)
Conclusion
Having said all this, I would conclude by noting the following issues. Understanding one’s case in light of the contemporary understanding brings another angel not thought about by many. Rereading this story of the persistent widow with the contemporary eye unveils some important emancipatory medicine. A comparative analysis makes the story relevant and unearths the current position to which challenges can be addressed
5
Inheritance laws in Zimbabwe
Introduction
In this Chapter, the focus shall be to read the inheritance laws in Zimbabwe. The reason being that while injustice is rampart laws that restrain and govern the process are there. So if statues are there and are not respected, then other means of getting justice can be resorted to as used and done by the persistent widow. The Inheritance statues are clearly spelt out in Zimbabwe, the constitution and the United Nations Charter. But how has some women been deprived of their inheritance. A look at the statutes may help discover if there are any loopholes. What do we find in the statutes and what does these laws say?
Zimbabwean statutes
Zimbabwe’s law is mainly unmodified. There is no one single source of law in Zimbabwe. The law is derived from various sources, has various sources, and has various origins. Zimbabwe has a plural legal system, general or statutory law, which are based on English
Common Law, which is applied side by side with customary law and the customary practices of the local people. The remedy available to women who have experienced discrimination in inheritance matters is through the courts, which administer statutory law: The Supreme Court, the High Court and the Civil Court. Customary law administers traditional law which in practice is often discriminatory against women. Customary law refers to the customs and practices of the local tribes of Zimbabwean culture which were in practice since time immemorial. The customs are expected to be certain, reasonable and must had attained the recognition of formal law.
Statutes are law that have been formally approved and written down, which can be used in the court of Law. “When a law is written and reaches the statute book, it has been formally approved and written down and can be used in a law court” (Cambridge Dictionary 2014). Laws that govern inheritance laws in Zimbabwe are as follows: Administration of estates Act Chapter 6.01, Deceased Estate Succession Act 6.02, Wills Act (6.06) and Deceased Persons Family Maintenance Act (6.03).
Administration of estates Act Chapter 6.01
The date of the commencement of this act is dated 5 July, 1907. It intentions as outlined in the preamble: to consolidate and amend the law relating to the administration of the estate of the deceased persons, minors, mentally disordered or defective persons absent from Zimbabwe and to provide for the control of the moneys belonging to persons whose whereabouts are unknown”
When a person dies after the notification of the death, there is the appointment of the executor to facilitate the distribution of the estate. According to the legal definition the noun executor refers to “a person or institution appointed by a testator to carry out the terms of their will.” (executor 2014). From its Latin derivation execut it means to carry out. This is the person who carries out the responsibility of bringing together and distributing the estate.
When the executor is appointed at this stage they will help finalise and wound up the estate procedure. “The executor has to make sure that the deceased debts are paid from the estate. Debts have to be proved, that is evidence produced that the amount is actually owed. Wives and children and family members do not have to pay the debts of the deceased from their own money. If there is not enough money to pay all the debts, then the estate is insolvent and the family can be protected from having to find money themselves.
The executor is expected to perform the following functions: he/she is expected to List the property of the deceased in an inventory, and after that he/she can publish the estate in the Government Gazette and some local newspaper circulating in the district where the deceased resided at the time of his death to inform debtors and creditors so as to enable him to pay creditors and collect debts for estate. What follows for the executor is to prepare the accounts, which shows what the deceased had and what he owed to creditors; and distributes the estate property to the beneficiaries.
The Act states that the law in Zimbabwe expects that when an executor is to be appointed for an estate the wife or the husband is the preferred person, then the child and then other relatives of the deceased can be if there is no surviving spouse.
The estate will distributed in mainly two distinct ways: it’s either through the valid and lawful will left by the deceased as the basis of the distribution or as laid down by the law if there is no will. However if the spouse , minor children or major children who are physically disabled and mentally unable to support themselves are not given the fair share, the provision of the distribution s provided for in the Deceased Person Family Maintenance Act, which protects the interest of the family. Where there is no will (intestate succession). There are also rules set out for that
Deceased Estate Succession Act 6.02
This is the law that provides for the distribution of the Estate of someone who has died without leaving the will. This law is applicable to both Africans and to non-Africans who were married in terms of marriage Act 5:11. On this law the wife is the sole beneficiary of the Estate
1 Entitlement of spouse of deceased who dies intestate
On this the statues clearly state “The surviving spouse of every person who, on or after the 1st April, 1977, dies either wholly or partly intestate is hereby declared to be an intestate heir of the deceased spouse according to the following rules— (a) if the spouses were married in community of property and if the deceased spouse leaves any descendant who is entitled to succeed ab intestato , the surviving spouse shall— (i) be entitled to receive from the free residue of the joint estate, as his or her sole property, the household goods and effects in such estate; (ii) succeed in respect of the remaining free residue of the deceased spouse’s share of the joint estate to the extent of a child’s share or to so much as, together with the surviving spouse’s share in the joint estate, does not exceed the specified amount, whichever is the greater;
(b) if the spouses were married out of community of property and the deceased spouse leaves any descendant who is entitled to succeed ab intestato , the surviving spouse of such person shall— (i) be entitled to receive from the free residue of the deceased spouse’s estate, as his or her sole property, the household goods and effects in such estate;
(ii) succeed in respect of the remaining free residue of the deceased spouse’s estate to the extent of a child’s share or to so much as does not exceed the specified amount, whichever is the greater;
(c) if the spouses were married in or out of community of property and the deceased spouse leaves no descendant who is entitled to succeed ab intestato but leaves a parent or a brother or sister, whether of the full or half blood, who is entitled so to succeed, the surviving spouse shall— (i) be entitled to receive from the free residue of the joint estate or the deceased spouse’s estate, as the case may be, as his or her sole property, the household goods and effects in such estate; (ii) succeed in respect of the remaining free residue of the deceased spouse’s share of the joint estate or the deceased spouse’s estate, as the case may be, to the extent of a half share or to so much as does not exceed the specified amount, whichever is the greater; (d) in any case not covered by paragraph ( a), ( b) or ( c), the surviving spouse shall be the sole intestate heir.” (Zimbabwe 1997)
2 Inheritance of matrimonial home and household effects
According to the Laws in Zimbabwe the surviving spouse is entitled to their share at the death of the spouse with or without the will. The statutes categorically sates that “The surviving spouse of every person who, on or after the 1st November, 1997, dies wholly or partly intestate shall be entitled to receive from the free residue of the estate (a) the house or other domestic premises in which the spouses or the surviving spouse, as the case may be, lived immediately before the person’s death; and (b) the household goods and effects which, immediately before the person’s death, were used in relation to the house or domestic premises referred to in paragraph ( a); where such house, premises, goods and effects form part of the deceased person’s estate”. (Zimbabwe 1997)
Wills Act (6.06)
In Zimbabwe, the will (document written by the dead person while they still lived) is a very critical document that is recognised by the laws of the land because it helps on matters to do with inheritance, should the unfortunate circumstance of death befalls on any member of the society or family.
When the will is delivered to the court for the distribution of the estate and by any chance there is dispute, contests are acceptable. But however “If the court is satisfied that the deceased indeed wrote the piece of paper such information can be accepted as a will. In case where the testator dies, the person who has the will at the time of death must register it at the Master of the High Court.” (Mashangwa 2013)
Inheritance rights and procedure
Whenever a person dies, especially adults, we hear of inheritance. Many fights and family disputes have arisen over who should get what when a loved one dies. But what is inheritance and how does it work? Wikipedia defines inheritance as “the practice of passing on property, titles, debts, rights and obligations upon death of an individual. . .The rules of inheritance however differ between societies and have changed over time” (Gotora 2014).
But from the afore-mentioned definition, inheritance only occurs when someone dies. There are some societies who are still practising patrilineal inheritance where only the male descendants inherit from their fathers. There is nothing for women under this arrangement. Lots of quarrels emerge whenever there is an issue of inheritance. We have witnessed some disputes that tear the family set-up and relatives become enemies because of inheritance. Each inheritance process is a learning process.
In Shona they say “kugaranhaka huona dzevamwe”, which means there is no expert in such matters. Some squabbles end up being settled by the courts when family members fail to agree. This ignites some memories of one of the greatest musicians to emerge from this country, the late System Tazvida’s songs popularly known as “Pfuma Yababa”(not sure if it is the real name of the song), but goes like “pfuma yababa ndiyo yomorwira mose, isuvanavacho, toraramaneiko. . .”. The whole inheritance process is marred with violence and greedy (Gotora 2014)
According to the booklet produced by WlLSA the following are the procedure that can be gleaned to help and facilitate in the inheritance distribution: The death of the person should first of all be registered with the birth and dearth Registry office. This will allow the estate to be divided out among the family. The person responsible for the reporting of the estate is the wife or the husband of the deceased or children if the death pertains to both the parents. Further the book states “it is very important for the wife or the husband is able to go and report the estate wherever possible as he or she is the person who is responsible for caring for the family and the property” (WLSA 2013, 6) .
It is to the surviving spouse and the children to keep all the necessary and important documents such as the will, insurance policies, birth certificates and the death certificate so that the whole process goes smoothly. Many have taken advantage of the process on the widows and the children, these however can be construed as criminal acts that can attract arrest on the accused person. Reports can be made at the police, Master of the High court’s office, magistrate court or any legal practitioners. There are also several organisations in Zimbabwe that help in the conscientising on how to amicably and peacefully distribute the Estate such as Musasa project and ZLWA (Zimbabwe Lawyers Association) or any other.
When the deceased was in a civil marriage?
This is when one is married according to civil law that is a registered church marriage or that used to be called Chapter 37 but now is known as Chapter 5:11 then there is certain way the estate will be distributed. According to the statutes all that died after November 1997, “the husband or the wife is entitled automatically to become the owner of the home or the domestic premises that was occupied by the couple or being occupied by the surviving spouse” (WLSA 2013, 9). According to article 6 of the protocol of the African charter on human rights states that man and women should be equal partners in marriage” (Charter n.d., 8). The law further stipulates that the surviving spouse gets all the household effects such as furniture, cookery, cutlery, pots, pans and kitchen equipment that belonged to the deceased. If there were/are children the following basis is the used method:
The total value of the estate after paying the liabilities and administration expenses, less the household goods and effects and divide what is left by the number of the children left by the spouse plus his or her spouses. In cases where there are no children the spouse would take half of the entire estate as stipulated by the government while the rest is shared between the parent of thee diseased and the children left behind. Where there are children the law says all surviving children of the deceased have the right inherit in equal shares with their mother or mothers, in the case of a polygamous marriage.
The main thrust of the law is to make sure that the children and the surviving spouse/s are adequately taken care of by the estate. Sylvia Chirawu categorically states that “The law is very clear that property grabbing is a crime through the Deceased Persons Family Maintenance Act but widows are afraid at times to use the law. Also the law protects widows and children in the sense that they should inherit. Even the constitution also.” (Chirawu 2014)
Legal problems associated with death of spouse
In the Financial Gazette dated 5 May, 2014 the writer argues that “The easiest way of protecting one’s estate from greedy human vultures in the event of one’s death is to prepare a will. Practice has shown that property dispositions in terms of written wills are generally conflict free. (Webdev 2014). This document will save the day in answering the wish of those who labored for the property. According to the Wikipedia “A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his or her estate and provides for the distribution of his property at death. (Wikipedia 2012).
This documents clearly deals with some legal problems that can be encountered, as this reveals the heart mind of the testator. Not all written in Wills however will be accepted on face value, Vaida Mushangwa said “A will can be contested if it leaves out a spouse or children.” (Mashangwa 2013). Another important area is the oral will. It is agreed that “Oral wills are valid, but subject to confirmation by the master of the high court or any member of public service responsible for the administration of the will.” (Mataranyika 2009)
Marriages
All customary law marriages whether registered or unregistered, are valid for the purpose of inheritance except that if a person contracts a registered or unregistered customary law marriage when he is already married to someone else under the Marriage Act [Chapter 5:11] the customary marriage will not be valid.
According to kubatana.net “If a woman marries under the Marriage Act [Chapter 5:11] a man who is already married under customary law to someone else, then the last marriage will be treated as a customary law marriage for purposes of inheritance (kubatana.net 2006). These become some of the issues to be dealt with and adequately investigated before the distribution of the estate.
Many are of the opinion that widows married under customary law enjoy some protection when their husbands die without leaving a will, but remain disadvantaged. “For example, although 86 percent of women farm for a living on land in communal areas run by traditional chiefs, legislation is silent on the issue of land inheritance under these circumstances. According to custom, chiefs allocate land to male heads of households, but women do not automatically inherit this land upon a husband's death.” (IRIN 2004). Speaking to one of the Lawyers Mrs. Vimbai Nyemba a lawyer and the vice president of the Law Society of Zimbabwe (LSZ), she emphatically agree that women have remained disadvantaged when it comes to inheriting land in the village they were married. As such one can see that inheritance of land seems to have gone in the male relatives and little to nothing with the males. So there posed a great challenge in the lives of widows after the death of the spouse. Widows are more to have other effects than livelihood issues.
Intestate
Most problems affecting surviving spouses arise where no wills are left. Thus, the intestate succession by spouses is governed by the Deceased Estates Succession Act (Chapter 6:02). In terms of this law, whether one is married in community of property or out of community of property, where no will is left, the surviving spouse is entitled to receive from the free residue of the estate all household goods and effects. (Webdev 2014)
If a person dies without having made a will or if the will is invalid for whatever reason, that person is said to have died "intestate". If there is a valid will, but part of it is invalid then that part is dealt with as if there was an intestacy. The rules for division of property on intestacy are as follows: If the deceased is survived by spouse/civil partner but no children - spouse/civil partner gets entire estate or if they are survived by spouse/civil partner and children - spouse/civil partner gets two-thirds, one-third is divided equally between children (if a child has already died his/her children take a share) (Webdev 2014)
If there are parents, no spouse or civil partner or children all the property will be divided equally or entirely to one parent if only one survives. If there are children, and no spouse/civil partner the estate is divided equally between children. If there are brothers and sisters only they share equally, the children of a deceased brother or sister take the share or if there are nieces and nephews only - divided equally between those surviving. In distant and other relatives the Estate divided equally between nearest equal relationship. Finally if there are no relatives - the state gets take everything (Information 2013)
Conclusion
In conclusion, Philani Moyo a young lady who was left by her parent with her siblings and now is haunted by facing the relatives in the court but also optimistic that this is her only way out.
Moyo says she is aware of all the progress that is being made but troubled by the fact that all her relatives seem to be of the opinion that tradition is the way to go. She says that if she engages the courts to deal with her relatives, this may further strain their relationship. She says her only hope lies in the inheritance campaigns, which she wishes can change the mind-set of her relatives. (Institute, Inheritance laws haunt women despite improvements toward gender equality 2011). So, in dealing with deceased estates matters one should be well- acquainted with all the applicable laws. The most relevant ones are the Administration of Estates Act (Chapter 6:02), the Wills Act (6.06) as well as the Deceased Persons Family Maintenance Act (6.03). Understanding these will lessen the burden of the wrangles or fight for justice that follow the death of one of the spouse as well as when giving the necessary assistance for the survivors.
6
The Persistent widow as a model of redressing injustice.
Introductions
Having covered the plight of widows and their challenges, I set to unveil the heroic nature of the persistent widow. The focus of this chapter is two pronged. First I shall discuss lessons that can be drawn from the persistent widow and then second will deal with what I deem necessary way forward step in alleviating widows from their daily challenges.
How she can be a role model
A role model is defined as “a person looked to by others as an example in a particular part.” (Tulloch, The Reader's Digest 'Oxford' Complete Word Finder 1994) He or she becomes someone whose character and behaviour is worthy imitating and emulating. Such that when one looks at that person and their conduct one wants to copy and imitate them. Models in any discipline shape and moulds people’s ideas, lifestyles and character for adaptation.
When we look to the persistent widow, what can be learnt and how can her character be of us to women today? Several lessons can be drawn from the persistent widow. Her courage, persistence and continuous coming to court of the judge can unveil important life lessons. These can be used by widows and even women in general in various wrangles, difficulties to face their challenges
The importunate/persistent widow is one of the life instructors in a culture that lacks justice. Her character shatters the stereotype of the poor widow, dependent, weak woman even as she epitomised the strength and cleverness in an unjust system. She exhibits valuable tenacious character that refuses to back down for the sake of survival even if it means losing her identity or being called by any name. This is because widows like all women and like all human beings have a complex personality and not always transparent. (Levine, The Widow keeps Bothering me 2011, 124) , so can surprise even the judges by her persistence for justice.
She stands as a woman who understood the Old Covenant teaching on how widows should be treated. This is vital for widows today to be conversant with laws that govern their position and how they should be treated in inheritance matters. William Herzog elaborates her subversion of the norms through the use of the Torah saying this parable, “brings the importance of the widow as an oppressed woman whose voice breaks the culture of silence in which she is immersed and forces an accommodation with the Torah as practiced by the judge of unrighteousness and unjust” (Herzog 1994, 215). In regard to her understanding of the Hebrew scripture A.R Diamond says “The widow is the archetype of the woman who put her understanding of the biblical justice into action. She then proceeds to demand right action from the one responsible until it is done.” (Johnson 1999, 249) As Jewish woman she might have read the laws and understood what is said in the Hebrew Scriptures such as in Exodus 22:22-24 “Do not take advantage of a widow or an orphan. If you do and they cry out to me, I will certainly hear their cry. My anger will be aroused, and I will kill you with the sword; your wives will become widows and your children fatherless. NIV. So being well versed in laws that govern the land is a huge stepping stone to freedom.
Also she could have had the Apocryphal understanding that clearly reveal the heart of the divine/God that could have been the source of her inspiration even to the point of being called the shameless widow.
Sirach 35:12-15 “The Lord is fair[a] and does not show partiality. 13 He is not prejudiced against the poor; when someone prays who has been wronged, the Lord listens. 14 When orphans and widows pour out their prayers, he does not ignore them. 15 The tears running down a widow's cheek cry out in accusation against the one who has caused her distress” (RSV).
Her understanding of the religious obligations could have been her basis of argument hence her persistence. It is in knowing the governing laws and statues that protect, safeguard opens avenues for women that can empower them for better and for good. One can also see that the widow cannot be regarded as weak widow more than Tamar (Genesis 38) or Ruth (2-7). This can encourage deprived widows that for them to know that staying in patriarchal society does not entail being weak. That’s why later in the apostolic age in 1 Timothy 5:9-15 they had to put measures to control widows. For the practitioners of Feminist liberation theology, the widow is a role model… like feminists scripture students, she sits with the Torah and compares the justice it promises with the justice administered in her time and publishes her findings.
Social justice had stood at the heart of the Israelite community. Some have suggested that they copied from the Ancient Near East, while the other view say it’s the exodus experience that promoted treating the weak with care, love and justice. For Zimbabwe constant reference to the independence of 1980 similar to the exodus can be a catalyst to the care of the less privileged. This as seen can part of the ruling and elite class today for the common poor. The care of the weak begins with the gods. A hymn to Shamash says:
You create justice for the weak
Give judgement to the orphan girl
The weak you make a hero,
The insignificant you make hero (Malchow 1996, 1)
According to Bruce Malchow justice originated from the gods who passed it down to the monarch. Those in authority are said to represent the gods in carrying out the duty and the implementation of justice. Even in Mesopotamia they believed that it is the gods that gave divine justice to the rulers. The Laws of the independent Zimbabwe are essential in formulating the code of conduct. This is further extended form the rulers to everyone to take of the weak. For the Hebrews this has its roots in the exodus experience. The Exodus then became the foundation of the faith. Deuteronomy 5:15 “Remember that you were slaves in Egypt and that the Lord your God brought you out of there with a mighty hand and an outstretched arm….” (Thompson Chain Reference New International Version 1988, 202). As a role model she could have been well in the know of these laws and used them to gain her inheritance.
However some widows have come up in the open arguing that “Women are reluctant to take legal action in such situations because of the allegedly unsympathetic attitude of police and/or threats from the deceased's relatives, whose cooperation is needed for confirmation of unregistered unions and birth registration.” (IRN 2004). But however the widow achieved her goal without resorting to the use of violence or appeal to any law enforcement system but used her knowledge of the Torah. The narrator brings the point that the widow threatened the judge by her continual going to him or the judge felt threatened, and perceived the widow to be a threat. This reveals the power of words especially if one understands fully the perception of the community and the laws that protect them.
The widow also achieved a lot in making the judge interact with other people. It can be argued the judge had no relationship with human beings for he said “even though I don’t fear God or care about men.” He however later he had and this is due to the widow’s request and continuous coming to his door. At least she got a response. One can say that a bad response is better than a no response at all. “The widow forced the judge to interact with humanity and not by the objective stance but he had to interact with the widow because she forced him to do so” (Levine, The Widow keeps Bothering me 2011, 146)
Louise Schotroff also gives a sound conclusion when he argued that this widow is a good symbol of resistance. She knew what was entitled to her and resisted and refused to be looked down upon because of her social status or condition. I had a chance to interview and talk to some ladies on what they think on this matter of challenging the in-laws and their system, one of the ladies who is currently staying with her husband but they are all working in the diaspora and sending money back for their future use said “As for me l will never lie to you, l will fight tooth and nail because it’s not fair, patinotambura we are on our own then some people just come and reap where they didn’t sow, no, ndinoita good muroora if they respect the fact that we were working together but if they want to just grab they should be prepared for a big and fierce fight . (Masunda 2014). This also reveals the pain that involves the grabbing and at times what one can do to protect what they worked for though in a violent manner. The persistent widow however by her unrelenting approach unmasked the sexism inherent of accusing woman of being evil or violent by using words and not violent.
William Herzog would like also people to see that the parable is about systematic oppression and the collision of those trapped by it. As found in Luke 18:4-5'…I don't fear God or care about people, but this woman is driving me crazy. William Herzog remarks “This is all about conscientization, a political interpretation where people realise their entrapment in injustice and also can work to change the system.” (Herzog 1994, 215). The widow is a model in helping unearth the attitude and character of people trapped by their system.
Way Forward
Many suggestion can come in trying to drive the point home. The way forward is best understood in the context of the hurting, those hurt by the paternal or maternal relatives. The sad story that follow of Children of Queens Park, a suburb of Bulawayo who were left when their parents died. They were left at the mercy of the relatives, who by their refusal to participate in traditional ceremonies committed a heinous crime.
"My paternal relatives organized the umbuyiso ceremony at our rural home," Philani Moyo says, referring to a traditional ceremony of the Ndebele ethnic group that is performed about a year after a family member dies in order to settle the deceased's estate. "That was the start of the conflict. My young sisters and I refused to go there because we felt that it was against our Christian beliefs. Our parents raised us in the Christian way. We feel that it is not good to start engaging in practices that we were not familiar with." Philani Moyo says that by refusing to participate in the umbuyiso ceremony, she and her siblings had committed a serious abomination according to members of the extended family (Institute, Thomson Reuters Foundation 2011 )
The other area to be considered by legislators is to state clearly that, upon marrying and remarrying, a surviving spouse retains the full rights in any property she inherited from the deceased’s estate. The other consideration is to impose more stiffer and stringent punishment on those who infringe on the laws. Most social commentators would want to stress that upon death, whatever the couple toiled and suffered to achieve and acquire belong to the family and not to the rest of the family unless there is the death of both to which children should be the immediate beneficiaries. The implementation of the laws should be the priority and the enforcement should be done without fear or favour. This should come from the understanding that customary union are consummated in property hence that should allow the widows not to worry about their properties.
Pamela Machakanja would advocate a way forward by saying “Policymakers increasingly realise that a democratic and developmental state that internalises the norms of human rights cannot be created unless the grievances of the past are addressed. There is no future without a past, as the present and the future are shaped by what has gone before” (Machakanja 2012, 1). Her argument is that as a nation there is a failure to put into consideration the needs of victims of any conflict and make that the starting point in problem solving. Hearing the voice of women in such means a lot in solving their problems and in creating empowerment programs.
More liberating approaches and stories of courageous women and widows can be written for other to draw inspiration. A lot of willpower can draw from past widow’s experience as the vital tool to their challenges to help in the liberation. However the current challenge is that the available literature on widows focuses almost entirely on cultural norms of widow remarriages and little is known about how to liberate the widow.
In Zimbabwe more campaigns that challenges the judiciary and the policing system are a stepping stone. The process of educating and arming widows for battles is a timely response to the plights of the widows today. The words of Marie Curie are best in the way forward summary that “Life is not easy for any of us. But what of that? We must have perseverance and, above all, confidence in ourselves. We must believe that we are gifted for something, and that this thing, at whatever cost, must be attained.” (Marie Curie > Quotes 2014)
Conclusion
This can then be said to be the icing on the cake for the widows out there. Widows can use biblical, cultural or circular stories to be inspired to for their rights. The courage one portray lays an important foundation for those who will follow behind otherwise without that no road is ever opened for anyone.
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