(M338) Women were given in marriage. The suitor for her hand did not
perhaps see her until marriage, but this is not likely, since he is
contemplated by the Code as capable of having cast his eyes upon another,
and so desiring to retreat from his suit. At any rate, he brought presents
to her father, who accepted or rejected him. There is no hint that the
woman had any choice. The result of this power over the child’s marriage
was that conditions might be imposed on the marriage. The bride might be
required to do service to an existing wife, or to the bridegroom’s mother.
Further, the disposal of property was not entirely free after marriage. It
depended upon what the father had laid down in the marriage-settlement on
his daughter. It was strictly limited to the woman’s children, and if
there were none it went back to her father’s house.
(M339) In early times, the father usually gives the bride. But in a great
many cases this duty fell on the mother. How this came about we do not
usually know. The father being dead, or the girl illegitimate, seem the
best explanations, as a rule. In the absence of father and mother, the
brother as head of the family assumed the duty. The examples of this are
common enough.(272)
For later times also the examples are numerous of the power of agnates to
give in marriage. It may perhaps be deduced that the children, in these
cases, were young.(273)
(M340) Women once married, were free to marry again of their own choice,
whether divorced, separated, or widowed. A betrothed girl, or bride, if
her marriage were not yet consummated, being seduced by her father-in-law,
in whose house she had gone to live, was also free to marry. But it does
not seem that women who were yet virgins could choose their own husbands.
Even princesses were given in marriage.
(M341) The man was not altogether free to marry. The Code contemplates a
boy left by the death of his father too young to marry. The brothers, when
they divided the father’s property, were bound to set aside for him, in
addition to his share of his father’s property, a sum for a bride-price,
and take him a wife. It seems probable that men married while still young
and living at home. For the Code contemplates the bride being brought to
live in her father-in-law’s house.(274)
Public-domain text, read in full here on John Shaqi.
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