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
[37] ROBERTSON SMITH, _Kinship and Marriage_;
WILKEN, _Das Matriarchat bei den alten Arabern_, a
work suggested by SMITH'S "Animal Worship and Animal
Tribes," _Journal of Philology_, IX, 75-100. These writers have
found among these Semitic tribes the system of kinship through
the mother in actual use, with traces of polyandry, exogamy, and
the totem _gens_; and Wilken believes that he finds evidences
of early promiscuity. See especially KOHLER, _Ueber
das vorislamitische Recht der Araber_, _ZVR._, VIII, 238-61;
and FRIEDRICHS, _Das Eherecht des Islam_, _ibid._,
VII, 240-84, especially 255 ff., who shows that the Mohammedan
house-father exercises great authority over his wife, yet she has
her own property and receives a dower. At present, relationship
in Arabia is generally counted in the male line; and therefore,
WESTERMARCK, _Human Marriage_, 102, note 4, regards the
conclusion of Smith that originally the system of female kinship
exclusively prevailed as "a mere hypothesis."
[38] WAKE, _Marriage and Kinship_, 244.
[39] According to EWALD the ancient Hebrew father might
"sell his child to relieve his own distress, or offer it to a
creditor as a pledge."--_The Antiquities of Israel_ (London,
1876), 190; WESTERMARCK, _op. cit._, 228; and the
Levitical law prescribes death as the penalty for striking a
parent (Leviticus 20:9; Exodus 21:15, 17); but the penalty could
only be administered through appeal to the whole community,
WESTERMARCK, _op. cit._, 228. _Cf._ MICHAELIS,
_Commentaries on the Laws of Moses_, I, 444, who shows that the
mother, as well as the father, might sometimes choose wives for
the sons; while McLennan and Locke prove that the position of
the mother in Israel was higher than is consistent with Roman
patriarchalism.
III. THE THEORY IN THE LIGHT OF RECENT RESEARCH
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