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
Traces of marriage by purchase, real and pretended, are also widely
diffused throughout the nations of the Aryan stock. Among the
Afghans the price of a bride is paid to the father, but he returns a
part of it as a dower.[624] In upper Albania the price is equivalent
to 600 marks; and there the symbols of rape appear in the marriage
ceremony.[625] According to Leist and Zimmer, the Hindu maiden in
Vedic times was sought of her father, not by the suitor himself, but
by a friend called the bride-wooer;[626] but, as a legal form, the
bride must be paid for by rich presents,[627] which were, however,
returned to her as a dower.[628] Here we have to do with a survival;
but originally actual wife-purchase, side by side with wife-capture,
must have existed. One of the eight forms of marriage mentioned in
the _Ordinances of Manu_ as having been proper for the two lower
castes, but here condemned as immoral,[629] is the _Âsura_ rite. It
is described as "the gift of a maiden voluntarily after presenting
to the kinsmen and the maiden wealth as much as the suitor
can."[630] Disapproval of real wife-purchase thus early produced two
very important results: the institution of dower, already mentioned,
and the _Ārsha_ rite, or ceremonial purchase, still the most common
form of marriage in India.[631] But the victory was by no means
complete. "According to Dubois, to marry and to buy a wife are in
India synonymous terms, as almost every parent makes his daughter an
article of traffic."[632]
[624] KOHLER, in _ZVR._, V, 361. _Cf._
LETOURNEAU, _op. cit._, 147, who says that so much do
they regard wives as property that in case of remarriage the
second husband has to indemnify the family of the first for the
bride-price.
[625] KOHLER, _loc. cit._, 361, 362. Even in recent
times the chieftains in middle Albania were accustomed to steal
their wives from Turkish families and to compel them to receive
Christian baptism: _ibid._, 362.
[626] The "bride-wooer" appears in many places:
SCHROEDER, _Hochzeitsbräuche_, 32-45, 200 ff.;
KOHLER, "Indische Gewohnheitsrechte," _ZVR._, VIII, 90.
[627] ZIMMER, _Altindisches Leben_, 309-11, 314.
LEIST, _Alt-arisches Jus Gentium_, 125-75, gives
a masterly discussion of marriage among the early Aryans,
with particular reference to the Hindus. With this should be
compared the able paper of KOHLER, "Indisches Ehe-
und Familienrecht," _ZVR._, III, 342-442, who differs on some
important points; and SCHRADER, _Sprachvergleichung
und Urgeschichte_, 381 ff. The "rich presents" referred to
consisted, in case of actual purchase, of one hundred cows; and
LEIST, _op. cit._, 128, notes the coincidence of this
number with one hundred beeves mentioned by HOMER,
_Iliad_, xi, l. 244.
[628] See _Apastamba_, II, 6, 13, 12.
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