A History of Matrimonial Institutions, Vol. 1 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 1 of 3
Howard, George Elliott
Families; Marriage -- History
[493] WESTERMARCK, _op. cit._, 386, citing
ZMIGRODSKI, _Die Mutter bei den Völkern des arischen
Stammes_, 250. For the ancient Greeks see MCLENNAN,
_op. cit._, I, 44-46; DARGUN, _op. cit._, 99;
SCHROEDER, _op. cit._, 15, 16; ROSSBACH, _op.
cit._, 213. According to HRUZA, _Ehebegründung_, 5;
_idem_, _Polygamie und Pellikat_, 79, 94, 95, capture of women
for wives existed only in isolated cases among the ancient
Hellenes.
[494] MCLENNAN, _op. cit._, I, 35, citing
CAMPBELL'S _Indian Journal_ (1864), 400, and
LATHAM'S _Descriptive Ethnology_, II, 215.
[495] BURNELL AND HOPKINS, _Ordinances of Manu_, III,
vss. 33, 26, pp. 48, 49, 189-91. _Cf._ MCLENNAN,
_op. cit._, I, 42, 43; DARGUN, _op. cit._, 93;
WESTERMARCK, _op. cit._, 386; LETOURNEAU,
_L'évolution du mariage_, 115; LEIST, _Alt-arisches
Jus Gentium_, 126 ff.; KOHLER, "Indisches Ehe- und
Familienrecht," _ZVR._, III, 344 ff.; MAYNE, _Hindu
Law and Usage_, 76, 77, 80; SCHROEDER, _op. cit._, 15;
JOLLY, _Rechtliche Stellung der Frauen bei den ältern
Indern_, 19; _idem_, _Hindu Law of Partition_, 73 ff.
The capture of women for wives is very prominent with savage or
barbarous peoples of the Semitic race. "At the time of Mohammed,"
says Robertson Smith, "the practice was universal" among the Arabs.
"The immunity of women in time of war which prevails in Arabia now
is a modern thing; in old warfare the procuring of captives both
male and female was a main object of every expedition, and the Dîwân
of the Hodhail poets shews us that there was a regular slave trade
in Mecca, supplied by the wars that went on among the surrounding
tribes.... Very commonly these captives at once became the wives or
mistresses of their captors--a practice which Mohammed expressly
recognized, though he sought to modify some of its more offensive
features. Such a connection does not appear to have been, properly
speaking, concubinage." The sons of a captive woman suffered no
legal disability. "According to Arab tradition the best and stoutest
sons are born of reluctant wives. And so Hâtim, the Taite, says:
'They did not give us Taites their daughters in marriage:
but we wooed them against their will with our swords.
'And with us captivity brought no abasement to them: and
they neither toiled in making bread nor boiled the pot.
'But we commingled them with our noblest women: and they
bare us fair sons white of face [_i. e._, of pure descent].
'How often shalt thou see among us the son of a captive
bride: who staunchly thrusts through heroes when he
meets them in the fight!'"[496]
[496] ROBERTSON SMITH, _Kinship and Marriage_, 72-74;
_cf._ LETOURNEAU, _op. cit._, 115, 116; KOHLER,
"Das vorislamitische Recht der Araber," _ZVR._, VIII, 240, 241,
247.
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