The position of a first wife is really one of some consequence. Although she has been bought and paid for by her husband, she is not looked upon as so utter an article of merchandise as her successors. “When a man takes his first wife,” says Mr. Shooter, “all the cows he possesses are regarded as her property. She uses the milk for the support of her family, and, after the birth of her first son, they are called his cattle. Theoretically, the husband can neither sell nor dispose of them without his wife’s consent. If he wish to take a second wife, and require any of these cattle for the purpose, he must obtain her concurrence.”
“When I asked a native how this was to be procured, he said by flattery and coaxing, or if that did not succeed, by bothering her until she yielded, and told him not to do so to-morrow, i. e. for the future. Sometimes she becomes angry, and tells him to take all, for they are not hers, but his. If she comply with her husband’s polygamous desires, and furnish cattle to purchase and indue a new wife, she will be entitled to her services, and will call her my wife. She will also be entitled to the cattle received for a new wife’s eldest daughter. The cattle assigned to the second wife are subject to the same rules, and so on, while fresh wives are taken. Any wife may furnish the cattle necessary to add a new member to the harem, and with the same consequences as resulted to the first wife; but it seems that the queen, as the first is called, can claim the right of refusal.” It will be seen from this account of the relative stations of the different wives, that the position of chief wife is one that would be much prized, and we can therefore understand that the elevation of a new comer to that rank would necessarily create a strong feeling of jealousy in the hearts of the others.
In consequence of the plurality of wives, the law of inheritance is most complicated. Some persons may wonder that a law which seems to belong especially to civilization should be found among savage tribes like the Kaffirs. But it must be remembered that the Kaffir is essentially a man living under authority, and that his logical turn of intellect has caused him to frame a legal code which is singularly minute in all its details, and which enters not only into the affairs of the nation, but into those of private life. The law respecting the rank held by the wives, and the control which they exercise over property, is sufficiently minute to give promise that there would also be a law which regulated the share held in the property of their respective children.
In order to understand the working of this law, the reader must remember two facts which have been mentioned: the one, that the wives do not live in common, but that each has her own house; and moreover, that to each house a certain amount of cattle is attached, in theory, if not in practice. When the headman of a kraal dies, his property is divided among his children by virtue of a law, which, though unwritten, is well known, and is as precise as any similar law in England. If there should be an eldest son, born in the house of the chief wife, he succeeds at once to his father’s property, and inherits his rank. There is a very common Kaffir song, which, though not at all filial, is characteristic. It begins by saying, “My father has died, and I have all his cattle,” and then proceeds to expatiate on the joys of wealth. He does not necessarily inherit all the cattle in the kraal, because there may be sons belonging to other houses; in such cases, the eldest son of each house would be entitled to the cattle which are recognized as the property of that house. Still, he exercises a sort of paternal authority over the whole, and will often succeed in keeping all the family together instead of giving to each son his share of the cattle, and letting them separate in different directions. Such a course of proceeding is the best for all parties, as they possess a strength when united, which they could not hope to attain when separated.
It sometimes happens that the owner of the kraal has no son, and in that case, the property is claimed by his father, brother, or nearest living relative,—always, if possible, by a member of the same house as himself. It sometimes happens that no male relation can be found, and when such a failure takes place, the property goes to the chief, as the acknowledged father of the tribe. As to the women, they very seldom inherit anything, but go with the cattle to the different heirs, and form part of their property. To this general rule there are exceptional cases, but they are very rare. It will be seen, therefore, that every woman has some one who acts as her father, whether her father be living or not, and although the compulsory dependent state of women is not conducive to their dignity, it certainly protects them from many evils. If, for example, a girl were left an orphan, an event which is of very frequent occurrence in countries where little value is placed on human life, she would be placed in a very unpleasant position, for either she would find no husband at all, or she would be fought over by poor and turbulent men who wanted to obtain a wife without paying for her. Kaffir law, however, provides for this difficulty by making the male relations heirs of the property, and, consequently, protectors of the women; so that as long as there is a single male relation living, an orphan girl has a guardian. The law even goes further, and contemplates a case which sometimes exists, namely, that all the male relatives are dead, or that they cannot be identified. Such a case as this may well occur in the course of a war, for the enemy will sometimes swoop down on a kraal, and if their plans be well laid, will kill every male inhabitant. Even if all are not killed, the survivors may be obliged to flee for their lives, and thus it may often happen that a young girl finds herself comparatively alone in the world. In such a case, she would go to another chief of her tribe, or even to the king himself, and ask permission to become one of his dependants, and many instances have been known where such refugees have been received into tribes not their own.
When a girl is received as a dependant, she is treated as a daughter, and if she should happen to fall ill, her guardian would offer sacrifices for her exactly as if she were one of his own daughters. Should a suitor present himself, he will have to treat with the guardian exactly as if he were the father, and to him will be paid the cattle that are demanded at the wedding. Mr. Fynn mentions that the women are very tenacious about their relatives, and that in many cases when they could not identify their real relations, they have made arrangements with strangers to declare relationship with them. It is possible that this feeling arises from the notion that a husband would have more respect for a wife who had relations than for one who had none.
As an example of the curious minuteness with which the Kaffir law goes into the details of domestic polity, it may be mentioned that if a female dependant be married, and should afterward be fortunate enough to discover her real relatives, they may claim the cattle paid for her by the husband. But they must give one of the cows to her protector as payment for her maintenance, and the trouble taken in marrying her. Moreover, if any cattle have been sacrificed on her behalf, these must be restored, together with any others that may have been slaughtered at the marriage-feast. The fact that she is paid for by her husband conveys no idea of degradation to a Kaffir woman. On the contrary, she looks upon the fact as a proof of her own worth, and the more cattle are paid for her, the prouder she becomes. Neither would the husband like to take a wife without paying the proper sum for her, because in the first place it would be a tacit assertion that the wife was worthless, and in the second, it would be an admission that he could not afford to pay the usual price. Moreover, the delivery of the cattle, on the one side, and the delivery of the girl on the other, are considered as constituting the validity of the marriage contract, and are looked upon in much the same light as the giving of a ring by the husband and the giving away of the bride by her father in our own marriage ceremonies.
What that price may be is exceedingly variable, and depends much on the beauty and qualifications of the bride, and the rank of her father. The ordinary price of an unmarried girl is eight or ten cows, while twelve or fifteen are not unfrequently paid, and in some cases the husband has been obliged to give as many as fifty before the father would part with his daughter. Payment ought to be made beforehand by rights, and the man cannot demand his wife until the cattle have been transferred. This rule is, however, frequently relaxed, and the marriage is allowed when a certain instalment has been paid, together with a guarantee that the remainder shall be forthcoming within a reasonable time. All preliminaries having been settled, the next business is for the intending bridegroom to present himself to his future wife. Then, although a certain sum is demanded for a girl, and must be paid before she becomes a wife, it does not follow that she exercises no choice whatever in accepting or rejecting a suitor, as may be seen from the following passages taken from Mr. Shooter’s valuable work on Kaffirland:—
“When a husband has been selected for a girl, she may be delivered to him without any previous notice, and Mr. Fynn acknowledges that in some cases this is done. But usually, he says, she is informed of her parent’s intention a month or some longer time beforehand, in order, I imagine, that she may, if possible, be persuaded to think favorably of the man. Barbarians as they are, the Kaffirs are aware that it is better to reason with a woman than to beat her; and I am inclined to think that moral means are usually employed to induce a girl to adopt her parent’s choice, before physical arguments are resorted to. Sometimes very elaborate efforts are made, as I have been told, to produce this result. The first step is to speak well of the man in her presence; the kraal conspire to praise him—her sisters praise him—all the admirers of his cattle praise him—he was never so praised before. Unless she is very resolute, the girl may now perhaps be prevailed on to see him, and a messenger is despatched to communicate the hopeful fact, and summon him to the kraal. Without loss of time he prepares to show himself to the best advantage; he goes down to the river, and having carefully washed his dark person, comes up again dripping and shining like a dusky Triton; but the sun soon dries his skin, and now he shines again with grease.
“His dancing attire is put on, a vessel of water serving for a mirror; and thus clothed in his best, and carrying shield and assagai, he sets forth, with beating heart and gallant step, to do battle with the scornful belle. Having reached the kraal he is received with a hearty welcome, and squatting down in the family ‘circle’ (which is here something more than a figure of speech), he awaits the lady’s appearance. Presently she comes, and sitting down near the door stares at him in silence. Then having surveyed him sufficiently in his present attitude, she desires him through her brother (for she will not speak to him) to stand up and exhibit his proportions. The modest man is embarrassed; but the mother encourages him, and while the young ones laugh and jeer, he rises before the damsel. She now scrutinizes him in this position, and having balanced the merits and defects of a front view, desires him (through the same medium as before) to turn round and favor her with a different aspect. (See [page 97].) At length he receives permission to squat again, when she retires as mute as she came. The family troop rush after her impatient to learn her decision; but she declines to be hasty—she has not seen him walk, and perhaps he limps. So, next morning, the unfortunate man appears in the cattle fold, to exhibit his paces before a larger assembly. A volley of praises is showered upon him by the interested spectators; and perhaps the girl has come to think as they think, and signifies her approval. In this case, arrangements are made for the betrothal.”