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
[835] On the conservative influence of wife-purchase see
WESTERMARCK, _op. cit._, 532, 535, 536; and for curious
and instructive illustrations of the effects of purchase read
especially the detailed account of the law of divorce among the
Kabyles of Algiers in LETOURNEAU, _op. cit._, 292-96.
The man has the sole right of divorce. As a condition of setting
the woman free he may demand the _lefdi_, or price of redemption,
and fix such other terms as he pleases; as that the _lefdi_ shall
be double or triple, if she marry such or such a man. The sum
may thus be so large as to amount to a prohibition of marriage.
On the other hand, a liberal price may be an inducement to free
the woman. Among some of these tribes the amount of the _lefdi_
is fixed by law, usually at a sum higher than the _thâmanth_, or
purchase price of a virgin or a widow, so as by working upon the
cupidity of the husband to induce him to pronounce the triple
formula and thus suffer the woman to contract a new marriage. The
children under all circumstances follow the father.
Here also the results of the genealogical organization must be
considered. The blood-feud, paradoxical as it may seem, often acts
as a conservative power among primitive men. The wife's kindred may
protect her from the vengeance of a brutal husband whom she has
deserted; or they may send her back when she has acted indiscreetly
or when they dread the wrath of the husband's clan. The organization
of society on the basis of kinship has another important bearing
upon the effects of divorce. It appears to be practically a
universal rule among uncivilized races that the repudiated wife or
the woman who legally puts away her husband shall return to her
own family or clan, whose duty it is to receive her. Accordingly,
the lot even of the savage woman has mitigating conditions not
always accorded by the laws of civilized society. "In savages,"
observes Mason, "where every man and woman and child is billeted
somewhere, there is no such thing as thrusting man or woman out into
nowhere.... Should the man wish to repudiate his wife, she cannot
be sent out into the jungle or forest; she must be returned to
somebody."[836]
[836] MASON, _Woman's Share in Primitive Culture_, 229,
230.
PART II
MATRIMONIAL INSTITUTIONS IN ENGLAND
CHAPTER VI
OLD ENGLISH WIFE-PURCHASE YIELDS TO FREE MARRIAGE
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