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
[831] _Cf._ the remarks of WAKE, _op. cit._, 218; and
compare RATZEL, _Hist. of Mankind_, II, 434 (Zulus); and
SARASIN, _Die Weddas von Ceylon_, I, 458, 468, 469.
The rules governing the division of property are important in this
connection; for, as Westermarck suggests, the selfish interests of
the husband "prevent him from recklessly repudiating his wife. In
many instances divorce implies for the man a loss of fortune."[832]
In rare cases he is obliged to provide for the wife's support
even after the separation.[833] Often, as already seen, the woman
receives back her dotal gift and whatever she brought with her at
the marriage; while frequently the husband is obliged to surrender a
portion or all of the common property. Thus "among the Karens, if a
man leaves his wife, the rule is that the house and all the property
belong to her, nothing being his but what he takes with him. Among
the Manipuris, according to Colonel Dalton, a wife who is put away
without fault on her part, takes all the personal property of the
husband, except one drinking cup and the cloth round his loins;"
and "similar rules prevail among the Galela, and in the Marianne
Group."[834]
[832] WESTERMARCK, _op. cit._, 531.
[833] WESTERMARCK, _op. cit._, 19, gives examples.
[834] WESTERMARCK, _op. cit._, 531, and the authorities
cited in the notes. The same influence was a check upon divorce
in Athens: LETOURNEAU, _op. cit._, 304.
The conservative influence of property is even more marked in
connection with wife-purchase--a powerful deterrent of hasty
divorce. In the case of a sale-marriage, even in the weakened form
of dower to the woman, the guilty or responsible party usually
suffers a decided disadvantage from the separation. The man who
repudiates his wife without just cause, as already shown, may not
only forfeit his right to reclaim the bride-money, and incur other
losses on the division of the property; but often, particularly
where the maternal system of kinship prevails, he may have to
surrender his children as well; and the woman who unjustly leaves
her husband may lose all that she brought with her into the home or
compel her kindred to restore the purchase price.[835]
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