The Evolution of Marriage and of the FamilyLetourneau, Ch. (Charles)
Science
The Evolution of Marriage and of the Family
Letourneau, Ch. (Charles)
Families; Marriage
Here it is no longer a question of divorce by mutual consent, nor
of protective measures for the wife. If she is legally replaced
without being repudiated, and then if she abandons with anger the
conjugal abode, she must be imprisoned or repudiated in the presence
of witnesses.[787] The prolonged absence of the husband does not set
free the wife, even when she has been left without resources. She
must patiently await the return of the absent master, during eight
years if he is gone for a pious motive; six years if he is travelling
for science or glory; three years if he is roaming the world for his
pleasure. When these delays have expired, the deserted one is none the
less married; she has only the power to go to seek the traveller.[788]
Like the writers of the Code of Manu, those of the Bible have thought
very little of the rights of woman in legislating on divorce and
repudiation.
The book of Deuteronomy, very accommodating for the husband, authorises
him to repudiate his wife “when she find no favour in his eyes, because
he hath found some uncleanness in her;” he has only to put a “letter
of divorce” in her hand, and may not take her again, either if she
is repudiated by another husband or becomes a widow.[789] With much
stronger reason a man can repudiate an immodest wife.[790] As for
the wife, she could only demand a divorce for very grave causes: if
the husband was attacked by a contagious malady (leprosy); if his
occupations were too repugnant; if he deceived her; if he _habitually_
ill-treated her; if he refused to contribute to her maintenance; and
if, after ten years of marriage, his impotence was well established,
especially if the woman declared she needed a son to sustain her in her
old age.[791] But even then it was the husband who was reputed to have
sent away his wife, and she lost her dowry.
All these antique legislations bear on the woman with shameful
iniquity. The most humane have confined their efforts to placing a few
slight restrictions on the brutal good pleasure of man, which nothing
holds back in savage societies. But it is important to notice that
certain tribes, still more or less buried in savagery, have regulated
divorce with humanity enough and equity enough to put to shame the
theocratic legislators of the great barbarian societies.
Public-domain text, read in full here on John Shaqi.
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