As soon as the patriarchate, that is, paternal descent, was established in the gentile organization of the Jews, the daughters were excluded from inheritance. Later this rule was modified in cases when a father left no sons. This is shown in the fourth book of Moses, 27, 2–8. There it is told that when Zelophehad died without leaving sons, his daughters complained bitterly that they should be excluded from their father’s inheritance that was to pass to the tribe of Joseph. Moses decides that in this case the daughters should be heirs to their father. But when, according to an old custom, they decide to choose husbands from another tribe, the tribe of Joseph complain that thereby they are losing an heritage. Thereupon Moses decides that the heiresses may choose freely, but that they must make their choice from among the men in their father’s tribe. So it was in behalf of property that the old marriage laws were annulled. As a matter of fact, in the days of the old Testament, i. e., in historical times, the patriarchal system was prevalent among the Jews, and the clan and tribal organization were founded on descent in the male line, as was the case with the Romans. According to this system the daughters were excluded from inheritance. Thus we read in the first book of Moses, 31, 14 and 15, the complaint of Lea and Rachel, daughters of Laban: “Is there yet any portion or inheritance for us in our father’s house? Are we not counted of him strangers? For he hath sold us and hath quite devoured also our money.”
Among the ancient Jews, as among all other nations where the matriarchate was succeeded by the patriarchate, women were utterly devoid of rights. Marriage was a purchase of the woman. Absolute chastity was demanded of her; but not so of the man, who moreover was entitled to have several wives. If the man had cause to believe that the woman had lost her virginity prior to marriage, he was not only entitled to cast her off, she might also be stoned to death. The same punishment was meted out to the adulteress; but the man was subjected to the same punishment only then when he committed adultery with a Jewish matron. According to the first book of Moses, 24, 1–4, a man was entitled to cast off a woman he had just married if she found no favor in his eyes, even though his displeasure be only a whim. Then he might write her a bill of divorcement, give it in her hand and send her out of his house. A further proof of the degraded position of woman among the Jews may be gathered from the fact that to this day women attend services in the synagogue in a space separated from the men, and are not included in the prayer.[9] According to the Jewish conception, woman is not a member of the congregation; in religion and politics she is a mere cipher. When ten men are assembled they may hold services, but women are not permitted to do so, no matter how many of them are assembled.
In Athens, Solon decreed that a widow should marry her nearest relation on her father’s side, even if both belong to the same gens, although such marriages were forbidden by an earlier law. Solon likewise decreed that a person holding property need not will it to his gens but might, in case he were childless, will it to whomsoever he pleased. We see, then, that man, instead of ruling his property, is being ruled by it.
With the established rule of private property the subjugation of woman by man was accomplished. As a result of this subjugation, woman came to be regarded as an inferior being and to be despised. The matriarchate implied communism and equality of all. The rise of the patriarchate implied the rule of private property and the subjugation and enslavement of woman. The conservative Aristophanes recognized this truth in his comedy, “The Popular Assembly of Women,” for he has the women introduce communism as soon as they have gained control of the state, and then proceeds to caricature communism grossly in order to discredit the women.
It is difficult to show how the details of this great transformation were accomplished. This first great revolution that took place in human society was not accomplished simultaneously among all the civilized nations of antiquity, and has probably not developed everywhere along the same lines. Among the tribes of Greece, the new order of things attained validity primarily in Athens.
Frederick Engels holds the opinion that this great transformation was brought about peaceably, and that, all preliminary conditions making such a change desirable being given, a mere vote on the matter in the gentes sufficed to put the patriarchal system in place of the matriarchal system. Backofen, on the other hand, believes—his opinion founded on ancient writers—that the women vehemently opposed this social transformation. He considers many myths of the Amazon kingdoms that are met with in the histories of Oriental countries, in South America and China, proofs of the struggle and opposition of women against the new order.
With the rise of male supremacy the women were deprived of their former position in the community. They were excluded from the council and lost their determining influence. Men compelled women to be faithful in marriage without recognizing a similar duty on their part. When a woman is faithless, she commits the worst deception to which a citizen of the new order can fall a victim; she brings another man’s children into his house to become the heirs of his property. That is why among all the ancient peoples adultery, when committed by a woman, was punishable by death or slavery.
[9] In the oldest quarter of Prague is an old synagogue, built during the sixth century, the oldest synagogue in Germany. Upon descending about seven steps into the dusky chamber, the visitor beholds a row of small loop-holes on the opposite wall leading into an utterly dark room. Upon inquiry we are told by the guide that this is the woman’s room, where the women attended services. Modern synagogues are less gloomy, but the separation of men and women is still maintained.