When the husband buys a fresh wife he is indebted to her seven successive nights if she is a virgin; for three only, in a contrary case. He has the right to refuse greater exactions than this.[416]
But the husband has other obligations. He must supply food to his wife, even if she is afflicted with a voracious appetite. This last case is considered as a calamity, but the husband must resign himself to it, or repudiate the glutton.[417]
The husband owes, besides, to his wife or wives water to drink, water for ablutions and purifications, oil to eat, oil to burn, oil for cosmetic unctions, wood for cooking and for the oven, salt, vinegar, meat every other day or otherwise, according to the custom in various countries. He must supply them with a mat or a bed—that is to say, a mattress—and a cover to put on the mat. These duties have correlative rights. The husband has the right to forbid his wife to eat garlic, or to eat or drink any other thing which may leave a disagreeable odour. He may interdict any occupation likely to weaken her, or impair her beauty.[418] Finally, if she refuses her conjugal obligations without reasonable motives, the husband can at will deprive her of salt, pepper, vinegar, etc.[419] The sum total of these restrictions renders an Arab woman’s position a very subordinate one, both before and after marriage. But the fate of the Kabyle woman is much more miserable.
We are always hearing it repeated in France that the Kabyle man is monogamous, and consequently not so different from ourselves in this respect as the Arab; but among the Kabyles, as among the Arabs, it is polygamy which is legal; and if the greater number of the Kabyles are monogamous in practice, it is chiefly from economy.
In spite of their republican customs, of their respect for individual liberty, of the rights they accord to the mother, and of certain safeguards with which they protect the women in time of war, contrary also to the liberal tendencies of the Berbers in relation to women, the Kabyles of Algeria treat their married women and their daughters as actual slaves, and they are in this respect inferior to the Arabs themselves.[420] In all matters that refer to sexual relations the Kabyle customs are ferocious. Outside of marriage all union of the sexes is severely interdicted in Kabyle, and the married woman has no personality; she is literally a thing possessed.[421]
The young Kabyle girl is sold by her father, her brother, her uncle, or some relation (açeb); in short, by her legal owner. In announcing his marriage, a man says quite bluntly—“I have bought a wife.” When a father has married his daughter, the phrase in ordinary use is—“He has eaten his daughter.”[422]
Among the Cheurfas, but it is an exceptional case, the girl is consulted on the choice of a husband when she has attained the age of reason; everywhere else the virgin daughter is never consulted, and even the widow and repudiated wife, to whom the Mussulman law accords liberty, cannot dispose of themselves in Kabyle countries.[423]
In many tribes, however, the daughter can twice refuse the man that is proposed to her; but after that she has exhausted her right, and is forced to submit.[424]
The legal owner of the Kabyle woman generally gives her, at her wedding, garments and jewels; or rather, he lends them to her, for it is forbidden to the woman to dispose of them, and at her death these precious articles must be returned to her relatives.[425]
An essential condition of the Kabyle marriage, as of the Arab, is the payment of a certain price, generally debated, but which certain tribes of southern Jurjura have fixed once for all. This price is called the “turban” (thâmanth), as with us “pin-money” is spoken of. A penal sanction guarantees the payment of the thâmanth and the delivery of the person sold.[426]