The father of the girl has, however, a mean advantage, which he sometimes, though rarely, uses. If, for example, his son-in-law be a good worker, he counsels his daughter not to go to the house of her father-in-law, in order that she may hold her husband in his house to the end that the family profit by his labor. And even though the couple may have arrived at the age of separating from their elders and living in a house to themselves, the father of the girl refuses to give her her rice fields, putting the boy off from season to season with “Wait till next harvest” or “Wait till next spading time.” It is true that the boy has in such conduct on the part of his father-in-law sufficient cause to justify him in divorcing the girl; but if he divorces her, he loses all that he has spent for sacrifices and hakba gifts!
15. Property rights acquired by marriage.—Neither spouse acquires any interest in the property that the other possesses at the time of the marriage. Each has, however, the right to veto the sale or transfer of the family property[5] of the other except where legal and sufficient reasons exist for such transfer. These legal and sufficient reasons are the necessity of selling the field: (a) to provide the necessary things for a funeral feast for ascendants or kinfolk; (b) to pay rightful debts; (c) to pay fines or indemnities; (d) to provide things necessary for feasts and sacrifices which are considered essential—a very liberal interpretation being placed upon the word “essential.”
Should a man sell a field for a light or trivial cause without the permission of his wife, the validity of the transfer would not be effected by the fact of the non-consent of the wife. But the wife would have recourse for damages from her husband, and might demand: (a) twice the price received for the field as a settlement on their children; (b) a divorce; (c) or both. The right of each spouse to veto the sale of the other’s property is equal and the same. This right is based principally or perhaps wholly on the ground that each spouse is the guardian of the interest of the children of the union, born or unborn.
The spouses have a joint right in all property acquired after marriage as the result of their joint labors; that is to say, any property whatever obtained except (a) by the sale of the fields of the one and the repurchase of other fields with the proceeds; (b) as the result of a fine or indemnity assessed by the family of one against some person for injury done a member of that family; (c) ceremonial gifts such as the hakba and habalag; (d) inheritance.
Remarriage of the Widowed
16. The gibu payment to terminate marriage.—Even death itself does not terminate an Ifugao marriage. It terminates neither the obligation of the widowed to the soul of the dead spouse nor the compact of alliance between the two families involved. This obligation and this compact may be terminated only by the payment known as the gibu.
The word gibu means literally “finish”. In its narrowest and probably original sense it may have meant a payment to terminate all the relations and obligations growing out of a marriage. There is another explanation. From the day of the death of a spouse till the third day after the interment (when the binokbok ceremony is performed), the kin of the deceased and the kin of the surviving spouse are on terms of theoretical enmity. They observe with reference to each other all the taboos that are observed toward enemies. This practice may have arisen from a former belief—a belief that is current among many primitive peoples today—that every death is due to sorcery or witchcraft. Whom so naturally blamed as the surviving spouse or his kin? If this be the explanation, then the gibu originated as an indemnity paid for the life of the deceased.
In the present day, the gibu in a broader sense applies to all fines and indemnities paid in connection with the abuse or termination of a marriage.
A remarriage may not properly be effected by the widowed until he has paid the kin of the dead spouse the gibu ’n di nate (gibu of the dead), or the datok, as it is specifically called. Failure on the part of the widowed to make this payment would lead to a seizure of his property or a lance throwing. In the Kiangan area this payment is not nearly so high as in other parts of Ifugao land, and for the reason that in the former area large payments are made to the kin of the woman in the hakba gifts at the beginning of the marriage. In Benaue and other areas of Ifugao the payments are about five times the amounts shown in the subjoined table.