The Truth About WomanHartley, C. Gasquoine (Catherine Gasquoine)
History
The Truth About Woman
Hartley, C. Gasquoine (Catherine Gasquoine)
Women; Women -- History; Women -- Social and moral questions
The information that has come down to us is not so full as our
knowledge of the Egyptian family, or, at least, the facts which relate
to women have not yet been so firmly established. We may, however,
accept the statement of Havelock Ellis when he says that "in the
earliest times a Babylonian woman enjoyed complete independence and
equal rights with her brothers and husband."[245]
Later in Babylonian history--though still at an early period--women's
rights were more circumscribed, and we find them in a position of some
subordination. How the change arose is not clear, but it is probable
that in Babylon civilisation followed the usual order of social
development, and that with the rise of military activities, bringing
the male force into prominence, women fell to a position of inferior
power in the family and in the State.
That this was the condition of society in Babylon in the time of
Hammurabi (_i.e._ probably between 2250 B.C. and 1950 B.C.) is proved
by the marriage code of this ruler, which in certain of its
regulations affords a marked contrast with the Egyptian marriage
contracts, always so favourable to the wife. Marriage, instead of an
agreement made between the wife and the husband, was now arranged
between the parents of the woman and the bridegroom and without
reference to her wishes. The terms of the marriage were a modified
form of purchase, very similar to the exchange of gifts common among
primitive peoples. It appears from the code that a sum of money or
present was given by the bridegroom to the woman's father as well as
to the bride herself, but this payment was not universal; and, on the
other side of the account, the father made over to his daughter on her
marriage a dowry, which remained her own property in so far that it
was returned to her in the case of divorce or on the death of her
husband, and that it passed to her children and, failing them, to her
father.[246]
Polygamy, though permitted, was definitely restricted by the code.
Thus a man might marry a second wife if "a sickness has seized" his
first wife, but the first wife was not to be put away. This is the
only case in which two equal wives are recognised by the code. But it
was also possible--as the contracts prove--for a man to take one or
more secondary wives or concubines, who were subordinate to the chief
wife. In some cases this appears to have been done to enable the first
wife to adopt the children of the concubine "as her children."[247]
It is worth while to note the exact conditions of divorce in the
reference to women as given in the clauses of Hammurabi's code--
Public-domain text, read in full here on John Shaqi.
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