- Benjamin, S. G. W., Persia and the Persians.
- Dean, Amos, The history of civilization.
- Fraser, James B., Historical and descriptive account of Persia.
- Graves, Frank Pierrepont, A history of education, Before the middle ages.
- Jackson, A. V. Williams, Persia, past and present.
- Laurie, S. S., Historical survey of pre-Christian education.
- Letourneau, Ch., The evolution of marriage.
- McLennan, J. G., Studies in ancient history.
- Rawlinson, George, The seven great monarchies.
- Vaux, W. S. W., Persia from the earliest period.
CHAPTER VIII
THE CHILD IN JUDEA
Historical.
Women and Marriage.
About eighteen was the age at which men generally married, girls younger. A man under thirteen years and a day was forbidden to marry, and a woman under twelve years and a day. Wednesday was fixed as the day for maidens to marry, and Thursday for widows. If the bride was a maid each party was allowed twelve months after betrothal in which to prepare for marriage, in case of a widow but thirty days were allowed. A widower had to wait over three festivals and a widow three months before re-marrying. A marriage could not take place within thirty days of the death of a near relative, nor on the Sabbath, nor on a feast-day. Marriage was not permitted with those not in their right senses, nor in a state of drunkenness. "The Mosaic law (Lev. XVIII., 7-17; XX., 11, etc.) proscribes no less than fifteen marriages within specified degrees of both consanguinity and affinity. In neither consanguinity and affinity, however, does the law extend beyond two degrees, viz., the mother, her daughter, aunt, father's wife, sister on the father's side, wife of the father's brother, brother's wife (excepting in case of the Levirate marriage), daughter-in-law, granddaughter either from a son or daughter, and two sisters together."[144]
It was generally held that all marriages were arranged in heaven and that it was proclaimed there, forty days before the child's birth, just whom he or she should marry. Upon earth, the parent assumed this part and chose for his child the one he was to have in life as a partner. This duty belonged to the father, and if no father, then the mother. The son might make a personal choice of his bride, so that the son's wishes might be consulted, but all proposals, nevertheless, were made by the father. Girls up to twelve years and a day, minors, could be betrothed by the father and this was true of all women in the earlier times, but later, if of age, the woman had to give her own free and expressed consent, without which a union was invalid. The proposals were offered usually by the parents of the young man, but if there was a difference of rank then they were made by the father of the girl.
The betrothal was considered as sacred as marriage and could not be more easily broken. "For a betrothal to be legal, it has to be effected in one of the following three modes: 1. By money, or money's worth, which, according to the school of Shammai, must be a denar—90 grains of pure gold—or, according to the school of Hillel, a perutah—half grain of pure silver—and which is to be given to the maiden, or, if she is a minor, to her father, as betrothal price. 2. By letter or contract, which the young man either in person or through a proxy, has given to the maiden, or to her father when she is a minor. 3. By cohabitation, when the young man and maiden, having pronounced the betrothal formula in the presence of two witnesses, retire into a separate room. This, however, is considered immodest, and the young man is scourged."[145]
A father was to provide a dowry for his daughter conformable to her station in life, and should the father not be able to do this the bridegroom would, before marriage, give her sufficient for the necessary outfit. In case of an orphan the dowry was provided from public funds. In earlier times, after the giving over of the marriage price and other gifts, the bridegroom took the bride with him. At a later period a marriage-feast was given at the bride's home, and at a later period yet the wedding-feast was furnished at the home of the bridegroom.
Children were very greatly desired by the ancient Hebrews, and especially male children, as the more children a man had the more was he respected. Also the expectance of the Messiah, who might come from any one of the families, made children all the more wished for. Hence marriage was a duty with them, and this desire for children was also a cause for polygamy as thereby more children would be born to a family. Yet polygamy and concubinage was not the rule with the Hebrews but the rare exception, so far as the people generally were concerned, so that they really adopted monogamy and were, probably, the only Semites who did so. Even where polygamy or concubinage did occur the law insisted that each wife or concubine should receive her full conjugal rights, which prevented any extended practice even among the most wealthy.
Divorce was allowed for "any shameful thing," which, necessarily, was interpreted in different ways. "In fact, we know that it included every kind of impropriety, such as going about with loose hair, spinning in the street, familiarly talking with men, ill-treating her husband's parents in his presence, brawling, that is, 'speaking to her husband so loudly that the neighbors could hear her in the adjoining house,' a general bad reputation, or the discovery of fraud before marriage. On the other hand, the wife could insist on being divorced if her husband were a leper, or effected with polypus, or engaged in a disagreeable or dirty trade, such as that of a tanner or coppersmith. One of the cases in which divorce was obligatory was, if either party had become heretical, or ceased to profess Judaism."[146] Yet divorces were not so common as might be thought under so loose a statement for procuring them. Rather strict laws were drawn up explicitly stating for what divorce could be allowed, both to man and to woman. Divorce was discouraged and a conciliation was always tried to be brought about before divorce proceedings began. The divorced parties could marry other parties and even could unite again. The bill of divorcement had to be couched in explicit terms, handed to the woman herself, and in the presence of two witnesses. In separation of the parents where there were children, the daughters were placed in charge of the mother and the sons were given to the father; but should the judge consider it of advantage to the children, the sons also were given to the mother.