It is unnecessary for my present purpose to go further into the
voluminous data connected with marriages such as these in all parts of
the world. Enough has been said to show that the prohibition of
polygamy, under severe penalties by civil and ecclesiastical law, has
been due not to any natural instinct against the practice, but to
consideration of social well-being. I conclude that equally strict
limitations to freedom of marriage might, under the pressure of worthy
motives, be hereafter enacted for Eugenic and other purposes.
2. ENDOGAMY, or the custom of marrying exclusively _within_ one’s own
tribe or caste, has been sanctioned by religion and enforced by law, in
all parts of the world, but chiefly in long settled nations where there
is wealth to bequeath and where neighbouring communities profess
different creeds. The details of this custom, and the severity of its
enforcement, have everywhere varied from century to century. It was
penal for a Greek to marry a barbarian, for a Roman patrician to marry a
plebeian, for a Hindu of one caste to marry one of another caste, and so
forth. Similar restrictions have been enforced in multitudes of
communities, even under the penalty of death.
A very typical instance of the power of law over the freedom of choice
in marriage, and which was by no means confined to Judæa, is that known
as the Levirate. It shows that family property and honour were once held
by the Jews to dominate over individual preferences. The Mosaic law
actually _compelled_ a man to marry the widow of his brother if he left
no male issue. (Deuteron. xxv.) Should the brother refuse, “then shall
his brother’s wife come unto him in the presence of the elders, and
loose his shoe from off his foot, and spit in his face; and she shall
answer and say, so shall it be done unto the man that doth not build up
his brother’s house. And his name shall be called in Israel the house of
him that hath his shoe loosed.” The form of this custom survives to the
present day and is fully described and illustrated under the article
“Halizah” (= taking off, untying) in the _Jewish Cyclopædia_. Jewish
widows are now almost invariably remarried with this ceremony. They are
as we might describe it, “given away” by a kinsman of the deceased
husband, who puts on a shoe of an orthodox shape which is kept for the
purpose, the widow unties the shoe, spits, but now on the _ground_, and
repeats the specified words.
Public-domain text, read in full here on John Shaqi.
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