The Evolution of Marriage and of the FamilyLetourneau, Ch. (Charles)
Science
The Evolution of Marriage and of the Family
Letourneau, Ch. (Charles)
Families; Marriage
The Code of Manu gives us very complete information in regard to
the penalty for adultery in ancient India. In the first place, it is
understood that the adultery of the husband ought not to trouble the
wife at all. “Although the conduct of her husband may be blameworthy,
and he may give himself up to other amours and be devoid of good
qualities, a virtuous woman ought constantly to revere him as a
god.”[696] The adultery of the woman is naturally quite another thing.
“If a woman, proud of her family and her importance, is unfaithful
to her husband, the king shall have her devoured by dogs in a very
frequented public place.”[697] If a woman of high rank, the lover
also is not spared. “The king shall condemn her accomplice to be
burned on a bed of red hot iron.”[698] For the less aristocratic
adultery the punishment varies according to the caste. “For adultery
with a protected Brahmanee, a Vaisya loses all his property, after
imprisonment for a year; a Kchatriya is condemned to pay a thousand
panas, to have his head shaved and watered with urine of an ass.” For
the Brahmin the penalty is very light. “An ignominious tonsure is
ordered instead of capital punishment for a Brahmin in the cases where
the punishment of the other classes would be death.”[699] The Soudra,
on the contrary, who holds criminal commerce with a woman belonging
to one of the three first classes, “shall be deprived of the guilty
member, and of all his possessions, if she was not guarded; but if it
was so, he loses both his goods and his existence.”[700] It must be
noticed, also, that very slight evidence suffices to prove adultery.
“To pay little attentions to a woman, to send her flowers and perfumes,
to frolic with her, to touch her ornaments or vestments, to sit with
her on the same couch, are considered by wise men as proofs of an
adulterous love.”[701]
On the other hand, the husband, if he has had no children, can oblige
his wife to give herself either to his brother or to another relative.
“Anointed with liquid butter and keeping silence, let the relative
charged with this office approach during the night a widow or a
childless woman, and engender one single son, but never a second.”
Then, in the following verse, the Code alters: “Some of those who
understand this question well, think that the aim of this precept
is not perfectly attained by the birth of a single child, and that
women may legally engender in this manner a second son.”[702] One
verse, certainly less ancient, contradicts these curious texts, which
are evidently survivals of primitive customs, according to which the
husband disposed as he pleased of his feminine property. More modern
Brahmanic legislation still authorises the husband to kill the wife
and her lover if taken in adultery, and there would be nothing new to
us in this, if, as in Japan, and as formerly at Rome, the law did not
formally interdict him from killing only one of the two culprits.[703]
X. _Adultery in the Greco-Roman World._
Public-domain text, read in full here on John Shaqi.
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