Generally speaking, the law afforded a woman but little protection from
her husband; infidelity on his part did not entitle her to a divorce. On
the other hand, the strictest fidelity was required from the wife; but,
in spite of the seclusion in which she lived, infidelity was by no means
uncommon, since there were always plenty of obliging slaves ready to
help their mistress in these matters. In most Greek states the offenders
were punished by the loss of certain rights, and the husband was not
only justified in demanding a divorce, but even morally bound to do so
if his wife’s wrong-doing had been noised abroad. The law took no steps
to punish the lover; but the husband had the right to inflict corporal
punishment on him, or even, if he caught him in the act, to kill him,
unless, indeed, he preferred to seek compensation for his shame in a
money fine. In case of divorce, too, the woman was worse off than the
man. In consequence of the loose relation of the marriage-tie, it was
very easy to break it. A husband could dismiss his wife or send her back
to her parents, or the woman could simply leave her husband’s house, and
this was usually enough to annul the marriage. In the latter case the
wife was obliged to lodge a complaint against her husband in person with
the archon, as there were certain legal matters connected with the
divorce, chiefly concerning the dowry; as a rule, if the husband sent
away his wife without sufficient reason, he had to give back the dowry
to her or her legal representative (father, brother, or guardian),
unless the cause of the divorce was infidelity which had been clearly
proved against the wife. But though there is an appearance of justice
here, in reality the man had the advantage; for it was only the most
cogent reasons that would induce a woman voluntarily to leave her
husband, while the man often arbitrarily put away his wife for the most
trivial reasons; moreover, as a woman was always politically a minor,
and if she left her husband could not go on living by herself, she was
obliged to return to a state of tutelage under her father, or, if he
were no longer living, her brother or legal guardian. Many a woman would
rather endure the most cruel treatment from her husband than return thus
to her father’s house.
Public-domain text, read in full here on John Shaqi.
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