A History of Matrimonial Institutions, Vol. 2 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 2 of 3
Howard, George Elliott
Families; Marriage -- History
[Footnote 3: Thus Alcibiades "collected a band of men and
dragged" his wife Hipparete from the archon, when she attempted
to get a divorce on account of his licentiousness: WOOLSEY,
_Divorce and Divorce Legislation_, 31. _Cf._ GEFFCKEN, _op.
cit._, 12, 13; and in general on the Grecian law of divorce see
MEIER-SCHÖMANN, _Der attische Process_, II, 510-13; MÜLLER,
_Handbuch der Alterthumswissenschaft_; MÜLLER AND BAUER'S _Die
griech. Privat- und Kriegsalterthümer_ (1893), 152; POPP,
_Ehescheidung_, 12-18; TISSOT, _Le mariage_, 53 ff.; GLASSON,
_Mariage civil et le divorce_, 151-53; WOOLSEY, _op. cit._,
25-34. The unfavorable position of the Athenian woman is
discussed by HRUZA, _Die Ehebegründung nach attischem Rechte_,
21, 22; GIDE, _La femme_, 63 ff., 74 ff.; COMBIER, _Du divorce_,
17 ff.; TEBBS, _Essay_, 44 ff.]
By the Jewish law, as it still existed at the dawn of the present
era, divorce was the one-sided privilege of the man.[4] At most
there was only a faint trace of the woman's later right, sanctioned
by the Talmud, of demanding a separation.[5] Legally, for the
slightest reason, as the school of Hillel justly maintained, the
husband could put away the wife by simply handing her a "get" or
bill of divorce.[6] By the written law only in two cases, for
grave misconduct, was he deprived of this power;[7] though in
practice there were several ameliorating conditions which tended
to put a check upon arbitrary action. Thus, while divorce was a
private transaction, certain formalities had to be observed in
connection with the "get" which secured the restraining influence
of publicity;[8] and in case the wife was unjustly repudiated the
dower, representing the ancient _mohar_, or purchase price of
the bride, had to be paid to her from the husband's property.[9]
Moreover, some of the limitations of the husband's despotic power
recognized by the Mishnah or oral law may already have been in
force; and the highest ethical sentiment among the Jews had long
been decidedly against too great freedom of divorce. It was the
rabbi's duty as much as possible to discourage it and to effect
reconciliations between husband and wife.[10]
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