ABSTRACT

There are several theories about the function of bridewealth: in Sukuma Customary Law its main function is to determine the status of children. The payment of bridewealth is the condition sine qua non of a customary marriage and guarantees the legitimacy of the offspring, although the act of paying bridewealth does not legitimatize the marriage. When the bridewealth is handed over, it is expressly stated before witnesses that it is a nominal bridewealth. The one or two beasts are called ngombe ya lina—cattle of the grave—because they are, figuratively, buried and will never return to the payer. The obligation of a father-in-law or his legal substitute to return bridewealth or a part of it arises in consequence of divorce or the return of a widow to her family. The man who pays back the bridewealth is called njimuji; the man who receives the repayment is called njimulilwa.