Ifugao Law / (In American Archaeology and Ethnology, Vol. 15, No. 1)

by Roy Franklin Barton

Divorce

The following tables show some of the causes for divorce together with the payments, if any, due and to whom they are due.

17. Divorce because of necessity.—This is always achieved by mutual agreement.

	Cause	Fine	Paid to
1.	A bad omen of the bile sac of the animalsacrificed at the mommon, imbango,hingot, or bubun feasts (see[sec. 17])	None
2.	A bad omen of the bile sac at any of the threeprincipal rice feasts of either family during the year following theperformance of the bubun ceremony (see [sec. 7])	None

It is considered that only ill fortune could come of a marriage which gave even a single ill omen in any of these cases. It is not permitted to provide another pig and consult the omen again in any of these feasts. But in all subsequent feasts this may be done, and does not lead to divorce. Divorce is unavoidable if the above occurs, and neither party would dream of opposing it.

18. Divorce for mutual benefit.—Childlessness is the cause. Divorce under these circumstances is considered a mutual benefit. It may be achieved by mutual consent or may be demanded by either party without liability for indemnity.

	Cause	Fine	Paid to
1.	Continuous dying of offspring	None
2.	Childlessness for a period of two or three yearsafter marriage	None

It is considered that the gods of animal fertility look with permanent disapproval on the union. This is not without some show of reason, since spouses who have lived together for a goodly number of years on separation and remarriage with other persons have each had children. Ifugao experience in this matter would indicate that there is such a matter as biologic incompatibility.

19. Divorce which may be demanded by either party.—Cruelty and incompatibility are the causes. The divorce may be by mutual consent or may be demanded by the injured.

	Cause	Fine	Paid to
1.	Neglect of one spouse by the other in time ofsickness; the failure to “cherish”	Hudhud (see below)	The injured
2.	Ill treatment of one of the spouses by the nearkin of the other; insulting language by a father- or mother-in-law	In some cases hudhud	Divorcer
3.	Unwillingness of either party to have sexualintercourse with the other, and continued resistance to it, when thereis the ability to perform the sexual act	Hudhud	Divorcer
4.	The lessening of the fields of one of the spouseswhich it was agreed in the contract of marriage would be his, withoutthe consent of the kin of the other spouse	Hudhud	Divorcer
5.	Permanent inability to perform the sexualact	None
6.	Insanity	None
7.	Failure on the part of one spouse or his familyin any of the obligations heretofore mentioned (see [sec.13])	Hudhud (not always paid)	Divorcer
8.	Commission of crime by one spouse against amember of the other spouse’s family	Hudhud	Divorcer
9.	Refusal of one family to furnish the pigsnecessary to complete the ceremonials; in case the spouses are related,the refusal or continued neglect of one family to produce a pig for theponga (see [sec. 11])	None
10.	The selling of a rice field for insufficientreasons by one spouse without the consent of the other (see [sec. 14])	Hudhud (also see [sec. 21])	Divorcer
11.	Continued refusal of the father of either of thespouses to deliver the fields called for in the contract when thecouple has reached a reasonable age (see [sec.10])	Hudhud	Divorcer
12.	Continued laziness or shiftless conduct on thepart of one of the spouses	Usually none
13.	The incurring of many debts or other obligations;the squandering of family resources	Hudhud	Divorcer
14.	Unreasonable or insane jealousy	None

20. Cases where divorce may be demanded by one party or the other.

	Cause	Fine	Paid to
1.	Desertion of lawful spouse and cohabitation with another; divorce already a fait accompli	Gibu of hokwit (see [sec. 94])	Injured party
2.	Incompatibility; continuous quarreling	Hudhud	The divorced
3.	A change of affection or a desire not to proceed with or complete the marriage; if there be children, all the property or nearly all must be settled on them	Hudhud	The divorced
4.	Adultery	Gibu of luktap (see [sec. 94])	The injured

21. The hudhud, or payment for mental anguish.—This is the fine or indemnity assessed in cases of divorce at the instance of one of the parties, when uncomplicated by improper sexual relations, on the ground of mental anguish, hakit di nemnem, literally, “hurt of the mind.” In general it may be said to be assessed against that spouse who has made necessary the dissolution of the marriage, whether or not he be the one who takes the initiative in effecting the divorce. Should the divorce be effected on account of sexual crime of one of the spouses, the greater the injury the more severely the crime is punished. The hudhud is a small fine, but its payment is said effectually to banish the mental anguish. The dignity and self-importance of the Malay are of unusual proportions in comparison with his other feelings and emotions. In Kiangan district there are three grades of the hudhud: one for the kadangyang or wealthy; one for the tumuk or middle class; and one for nawatat or poor. The following are the usual amounts of the indemnity:

The Hudhud Indemnity

For the Wealthy

1 death blanket	₱8.00
Total	₱8.00

For the Middle Class

1 iron pot	₱2.00
Natauwinan	1.00
Natuku	.60
Nunbadi	.40
Na-oha	.25
Total	₱4.85

For the Very Poor

Natauwinan	₱1.00
Total	₱1.00

In case of a change of mind leading to an unwillingness to proceed with the marriage, the following additional data are pertinent: Should the girl refuse to proceed with the marriage after the performance of the mommon ceremonial and before the performance of the imbango ceremonial, she pays simply the hudhud; should she refuse after the imbango, she pays the hudhud, and, unless her kin have given the boy’s kin the mangdad di imbango, she pays back the pig given her family by the boy’s family for the imbango ceremonial. The same is true, mutatis mutandis, should she refuse to proceed after the hingot ceremony. The boy may refuse to proceed with the marriage after the mommon and before the imbango without liability to damages; should he refuse after the imbango, he must pay the hudhud.

22. Divorce ceremonies.—It is only when divorce is by mutual agreement that divorce is attended by any ceremonies. The ceremonies consist of a honga, or general welfare feast, not greatly different in spirit from the ceremonials by which the couple were married. In other cases, the couple have separated prior to the formal divorce or have such ill feeling toward each other that concerted action is impossible.

23. Property settlements in case of divorce.—(1) When there are no children: Each spouse takes the property that he brought to the marriage, together with any property received since by inheritance, or solely by virtue of his relationship to his own family.

The remaining property, that is, family property such as rice fields, gold ornaments, gansas, etc., and personal property such as food stores, house furnishings, implements, domestic animals, and also liabilities that rightfully bear equally on both spouses are apportioned by two umpires, monhangdad, one chosen by each spouse. These persons make an equitable division, taking as their fee any odd articles of personal property. Thus if there be three bolos, they take one; if there be a chicken “left over,” they take it. They may not carry this appropriation to themselves too far, however.

(2) When there are children of the union: The woman has the right to the children, and nearly always exercises it. In some cases, when the mother has no rice fields and the father does have rice fields, and when the children are large enough not to need a mother’s care, by special agreement the father takes one or more of the children.

Whoever takes the children takes possession of the property that belongs to them. Usually the woman takes all the children and manages the husband’s family property that has been allotted them.

All the property of both the spouses must be assigned to their children at the time of the divorce (except the personal property). The one who takes a child takes also the property of that child and tills it. He may not dispose of it except for the purpose of meeting legitimate obligations against it. Should the child die, its brothers and sisters inherit the property.