The History of Antiquity, Vol. 2 (of 6)Duncker, Max
History
The History of Antiquity, Vol. 2 (of 6)
Duncker, Max
History, Ancient
Marriages were forbidden not only with strange women, but also within
certain degrees of relationship; in which were included not only those
close degrees, to which there is a natural abhorrence, but also such as
did not exclude marriage in other nations. In this matter the law of the
priests proceeded from the sound view that marriage did not belong to a
natural connection already in existence, but was intended to found a new
relationship. Not only was marriage forbidden with a mother, with any
wife or concubine of the father, with a sister, a daughter, or
granddaughter, a widowed daughter-in-law; but also with an aunt on the
father's or mother's side, with a stepsister, or sister by marriage,
with a sister-in-law, or wife's sister so long as the wife lived.[418]
The husband purchased his wife as a chattel; hence in marriage she
continued to live in entire dependence beside her husband. The husband
could not commit adultery as against his wife; it was the right of
another husband which was injured by the seduction of the wife. It
rested with the husband to take as many wives as he chose beside his
first wife, and as many concubines from his handmaids and female slaves
as seemed good to him. The husband could put away his wife if she "found
no favour in his eyes," while the wife, on her part, could not dissolve
the marriage, or demand a separation; she possessed no legal will. Like
the wife, the children stood to the father in a relation of the most
complete dependence. Nor only did he sell his daughters for marriage, he
could give them as pledges, or even sell them as slaves, but not out of
the land;[419] and though the father was not allowed to sell the son as
a slave, he could turn him out of his house. Obedience and reverence
towards parents were impressed strongly on children, even in the
earliest regulations derived from the time of Moses. The son who curses
his father or mother, or strikes them, must be put to death.[420] The
first-born son is the heir of the house; after the death of the father
he is the head of the family, and succeeds to his rights over the
younger sons and the females. It is not clear whether the law allows any
claims to the moveable inheritance to any of the sons besides the
eldest, to whom the immoveable property passed absolutely; the sons of
concubines and slaves had no right of inheritance if there were sons in
existence by legitimate marriage. Daughters could only inherit if there
were no sons. The heiress could not marry beyond the tribe, in order
that the inheritance might at least fall to the lot of a tribesman. If
there were neither sons nor daughters, the brother of the father was the
heir, and then the uncles of the father.[421]
Public-domain text, read in full here on John Shaqi.
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