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
[614] LETOURNEAU, _op. cit._, 143, 144. _Cf._
KOEHNE, "Das Recht der Kalmücken," _ZVR._, IX, 461
ff., who shows that the Kalmuck wife is in a relatively worthy
position.
[615] WESTERMARCK, _op. cit._, 394, 395;
JAMIESON, _China Review_, X, 78. But compare
MÖLLENDORFF, _Das chinesische Familienrecht_, 21, 23,
_passim_; and SMITH, _Village Life in China_, chap.
xxiii. According to HUC, _Chinese Empire_, II, 225 ff.,
the price is paid in two instalments, one part at the signing
of the contract, another a few days before the wedding. Gifts
are also made by the bridegroom's parents; while the bride's
parents provide her with a trousseau. _Cf._ KOHLER,
"Aus dem chinesischen Civilrecht," _ZVR._, VI, 365 ff., 405,
406; LETOURNEAU, _op. cit._, 144, 145; RATZEL,
_Hist. of Mankind_, III, 493-508; KLEMM,
_Kulturgeschichte_, VI, 102-24.
In all branches of the Semitic race marriage, at some time, has
been a matter of simple sale and purchase. The married woman, in
early Arabia, was looked upon as merely a bond servant. "I charge
you with your women," says the prophet, "for they are with you
as captives." Accordingly, Robertson Smith informs us, in Arabic
lexicons _áwânî_, or "captives," is "actually used in the sense of
married women generally."[616] The _mahr_, or bride-price, was paid
to the woman's kindred. But under Islam it has become identical
with the _sadâc_, or present to the bride, the two terms being
synonymous.[617] The Arabic _mahr_ is the same as the Syriac _mahrâ_
and the Hebrew _móhar_; and in each case it is paid to the damsel's
father.[618] In the early days of Israel, apparently, the amount
of the bride-price established was fifty shekels of silver;[619]
and Boaz actually declares that he has purchased Ruth the Moabitess
to be his wife.[620] At this time, however, the context shows that
marriage among the Jews was something more than a mere bargain,
though there can be little doubt that actual wife-purchase
originally existed. "At a later date, a girl was, until puberty, at
the disposal of her father, who could either sell her or marry her
to whom he pleased, being a Hebrew. There were, however, certain
conditions, one of which was that the purchaser could not sell the
girl to another person, and if he did not espouse her, or marry
her to his son, he was bound, when she reached the age of puberty,
or at the end of six years, to aid her in obtaining freedom by
reclaiming from her father the price paid for her services."[621]
"In the betrothal by _kasaph_, of the later Talmudic law, purchase
appears as a mere survival. The man gives to his chosen bride, in
the presence of two witnesses, a piece of money or some other gift
of equal value, with the words: 'Be thou consecrated to me.' Even
the _peruta_ or smallest coin used in Palestine or some unimportant
friendly service was legally sufficient;[622] and this sham purchase
has been perpetuated in the modern Jewish ceremony of 'marrying by
the penny.'"[623]
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