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
[740] POST, _op. cit._, 252. In some instances,
however, mutual agreement is only one of several grounds on
which dissolution of the marriage is allowed. "So ist z. B. auf
Mukuhiva, auf den Marianen, bei den Koluschen eine Trennung
der Ehe durch gegenseitige Uebereinkunft gestattet. Ebenso in
Birma."--POST, _loc. cit._, 252, 253.
[741] DAWSON, _Australian Aborigines_, 33-36. Divorce by
mutual consent is lawful in Polynesia, but it rarely occurs if
there are children: AVERY, "The Indo-Pacific Oceans,"
_Am. Ant._, VI, 366; the same is true of some American peoples:
WAITZ, _Anthropologie_, III, 328.
Among the Marea, when husband and wife can no longer tolerate each
other, they are given a year's probation by the "family council;"
and only after the expiration of this period does the formal divorce
take place. A discontented Marea dame of noble (patriarchal) rank
may not of her own will leave her husband; for this would offend
social usage. But a Tigrait, or woman of the servile class, may
under such circumstances abandon her spouse, provided thenceforth
she live abroad.[742]
[742] MUNZINGER, _Ostaf. Studien_, 241.
4. Again it is very common among uncivilized as well as more
advanced races for a man to have absolute right of divorce, putting
away his wife when he likes, without the assignment of any reason,
or on the most frivolous grounds.[743] Sometimes, even among the
same peoples, the woman has a reciprocal right, as will presently
appear; but very often divorce is the sole prerogative of the man,
or else the woman is grudgingly allowed the privilege only for the
most serious cause. The unfavorable position in which she is thus
placed is no doubt largely due to wife-capture, and especially
to wife-purchase, through which she too often sinks to the level
of a mere chattel or beast of burden. Still even wife-purchase,
as hereafter shown, may have its compensations; for the husband
cannot act too harshly without danger of the blood-feud; and he may
suffer a decided disadvantage with respect to property by summarily
dismissing his wife. Unlimited right of divorce belongs to the
man in some parts of China,[744] and with many African[745] and
American[746] tribes. "The Aleuts used to exchange their wives for
food and clothes. In Tonga a husband divorces his wife by simply
telling her to go." In "Yucatan a man might divorce his wife for the
merest trifle, even though he had children by her."[747] Among the
California Yurok "divorce is very easily accomplished at the will
of the husband, the only indispensable formality being that he must
receive back from his father-in-law the money which he paid for his
spouse."[748] If dissatisfied with his wife, the young Gallinomero
of the same region may "strike a bargain with another man" and sell
her "for a few strings of shell-money."[749] In the so-called "straw
dance" the Dakota husband may "throw away" the wife whom he no
longer desires.
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