In this Chapter of their Marriages, we are to consider: First, the distinction of their wives. Secondly, the manner of their betrothings. Thirdly, the rites and ceremonies of their marriage. Lastly, the forme of their divorce. The Patriarchs in the Old Testament had many of them, two sorts of wives: both of them were reputed lawful, and true wives, and therefore the children of both were accounted legitimate. The Hebrews commonly call the one נשים Naschim; Primary-wives, married with nuptial ceremonies and rites requisite. Some derive the word from נשה Nischa, Oblitus fuit, quasi Obliviosæ dictæ, because for the most part, womens memory is not so strong as mens: but they think not amiss, who say that women are so called from oblivion, or forgetfulness, because the Fathers family is forgotten, and in a manner extinct in their daughters when they are married. Hence proceeds that common saying of the Hebrews,[661] Familia matris non vocatur familia: and for the contrary reason, a male child is called זכר Zacar, from his memory, because the memory of the Father is preserved in the Son,[662] according to that speech of Absolom, I have no Son to keep my name in remembrance, 2 Sam. 18. 18.
[661] משפחת אם אינה קרויה משפחה Aben Ezra. Numb. 1. 2.
[662] Eandem prolis masculæ rationem habitam apud Græcos testatur Euripides. Στύλοι γὰρ οἰκῶν παῖδες ἄρσενες.
The other sort of wives they call[663] Pillagshin, secondary wives, or half wives; the English translates them Concubines, and that not unfitly, for sometimes the Hebrew word it self denoteth an infamous Strumpet, or common Harlot.
[663] פלגש Vxor secundaria vocem compositam esse aiunt ex פלג Dividere, & אשה uxor, quasi uxor divisa & dimidia.
The differences between these Concubines, and the chief or primary wives, are many. 1. A disparity in their authority, or houshold government: the Wife was a Mistress, the Concubine as an hand-maid or servant. She had only Jus thori, a true and lawful right unto the marriage bed as the chief wife had; otherwise she was in all respects inferiour. And this appeareth in the history of Sarah and Hagar. Secondly, the betrothing was different: the chief wife at her espousals received from her Husband certain Gifts and Tokens, as pledges and ceremonies of the contract. Thus Abrahams steward (who is probably thought to be Eliezer, of whom we read, Gen. 15. 2.) gave in Isaacs name unto Rebecca, jewels of silver, and jewels of gold, and raiment, Gen. 24. 53. This custome was in use also among the Grecians, who calleth these gifts Ἕδνα.[664] Moreover[665] the chief wife likewise received from her husband a bill of writing, or matrimonial letters, whereas the Concubine received neither such gifts, nor such letters. Thirdly, only the children of the chief wife succeeded the father in his inheritance; the children of the Concubine received gifts or legacies: Abraham gave all his goods to Isaac, but unto the sons of the Concubines which Abraham had, Abraham gave gifts, Gen. 25. 5, 6. And here, by the way we may take notice, that the first-born by right of primogeniture, received a double portion of his fathers goods, the father shall give him a double portion of all that he hath for he is the first of his strength, Deut. 21. 17. Unto this custome the Prophet Elisha’s speech alludeth, when he prayeth Elijah, that his spirit might be double upon him, 2 King. 2. 9. that is that he might have a double portion of his spirit, in comparison of the other Prophets, or rather the sons of the Prophets, amongst whom he obtained the place of an elder brother, and therefore prayeth for the right of primogeniture: so that we are not to understand him, as if he did ambitiously desire a greater measure of the spirit than rested upon his Master, but that he desired to excel the other remaining Prophets, unto whom afterward he became a father. The Hebr. phrase[666] is in both places the same. Secondly, in their betrothing we are to consider, 1. The distance of time between the espousals, and the confirmation of their marriage, which some have conceited to have been a full year, at least ten months; and this they observe from Rebecca, her brother and mothers answer unto Abrahams servant, desiring that the Maid might not depart presently, but remain after the Espousals at least ten dayes, Gen. 24. 55. Which Text they interpret[667] ten months, understanding thereby that which elsewhere is phrased[668] an year of dayes, Gen. 41. 1. But if we should yield this interpretation (although our English at least ten dayes is more agreeable unto the Septuagint and the Original) yet it followeth not, that this time was craved for the fulfilling of any prescribed distance between the Espousals and the marriage, but rather it implieth the tender affection of the mother towards her daughter, as being loath so suddenly to part with her: Notwithstanding, it is not unlikely that there was a competent distance of time between the first affiancing, and the confirmation of the marriage, though not prescribed, or limited to any set number of dayes, weeks, or months. The second thing considerable in their betrothings, is to enquire the manner of their contracting, which might be done in Israel three ways.[669] First, By a piece of money. Secondly, By writing. Thirdly, By copulation, and all these in the presence of witnesses. By a piece of money, though it were but a farthing, or the worth thereof, at which time the man used this, or the like form of words;[670] Lo thou art betrothed unto me: and he gave her the mony before witnesses. By bill, and then he wrote the like form of words; Be thou betrothed unto me, which he gave her before witnesses; and it was written with her name in it, else it was no betrothing. By copulation, and then he said likewise, Lo thou shalt be betrothed unto me by copulation, and so he was united unto her before two witnesses, after which copulation she was his betrothed wife. If he lay with her by way of fornication, and not by the name of betrothing; or if it were by themselves, without the fore-acquainting of Witnesses, it was no betrothing: however he might not lye with her the second time, before the marriage was accomplished. And though the betrothing might be any of these three wayes, yet usually it was by a piece of money; and if they would, they might do it by writing, but betrothing by copulation was forbidden by the wise men of Israel, and who so did it was chastised with rods: howbeit the betrothing stood in force. These solemnities in betrothing were performed by the man and woman under a Tent or Canopy made for the purpose, called in their language Chuppa,[671] a Tabernacle or Tent: to this the Psalmist alludeth, Psal. 19. 4, 5. In them hath he set a Tabernacle for the Sun which as a Bridegroom coming out of his Chamber, rejoyceth as a strong man to run a Race.
[664] Τάων ἧν κ’ ἐθέλῃσι φίλην ἀνάεδνον ἀγέσθω. Hom. Iliad. 9. vid. etiam Suid. in Ἕδνα.
[665] D. Kimchi. 2 Sam. 5. 13.
[666] פי שנים partem duorum.
[667] Onkelos & R. Solom.