Wife Book is a Chinese divorce contract in Dunhuang document,The era from about the middle of the Tang Dynasty to the early Northern Song Dynasty,that is, the beginning of the 8th century to the end of the 10th century。In Mr. Sha Zhi's "Dunhuang Contract Book Collection" (Jiangsu Ancient Books Publishing House 1998 Edition),A total of 11 wife -to -wife books。Where,Divorce books are: S.343V、S.5578、S.6417V、S.6537VA、S.6537VB、P.3212V、P.3730V、P.4001、дх.11038,Actual divorce documents are: P.3220、P.4525。"Tang Law" described the way of husband and wife: "Husband is a woman,No more 醮 ";" Women from husband,No way of self -derived ";,The same period of the righteous period,One with it,Not changed for life。Therefore, the wife has no seven out and righteousness,Not fit。"These regulations fully illustrate the legal background and social environment of the general publicity of" husbands and women "in the Tang Dynasty。Although the wife's book accounts for only a small proportion in Dunhuang documents,But it reflects how people deal with property relationships when lifting their marriage relationship、The relationship between people and how to solve the problems existing in family life。
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Through P.4525 "Unknown to the Wife Book",We can see the general format of the wife's book。First,Document title。The name of the book is marked at the beginning of the document、quantity,The name in this example is "Putting Wife Book",The quantity is "One"。2,Text of Documents。Start from the preaching "husband Bet365 app download and wife",Often is a rigid language: ",Connected in the third century。Male Yin and Female Yang (Original is so,It should be male yang and female yin -quotes),Marriage is below the six rituals。Li Gui En Yishen,Corruption cause。Holding the white head for life and death,After death, it should be the same as the loess。"" after explaining the cause of divorce,Describe the divorce ceremony,Points will get the freedom of remarriage after the divorce of both parties、Wish each other,Explanation of the restrictions after the divorce between the two sides and the reasons for the document。third,The contractual time and "Join of the Journal for the Plugs"。P.4525 "Unknown to the Book of Wife in the Time" does not leave a specific contract time and the place where the two parties are "bet"。but but,in P.3730V、S.343V, etc. a few pieces of the wife's book style,Both write "A certain year, a certain month and a certain day",The contract time is retained at the end of the document。
P.4525 "Family Poverty" mentioned in the "Unknown to the Book of Wife"、Emotional does not fit,Although it is more general,But quite real、I persuaded the cause of divorce。Divorce in this document,Is the woman、Women's relatives、The elders in the village in the village jointly discussed,Finally sent the man to the Fang Fang family。
"Tang Ling Picking" edited supplementary orders: "The abandoned wives must have seven out of the same way ...。Male and Parents Bo Aunt,Auntie Bo, the parents of the female,If you do not solve the book,and seeing everyone。If you do not solve the book,Painting refers to note。(Twenty -five years of Kaiyuan) ",Details of divorce procedures in the Tang Dynasty。Cases of P.4525 "Unknown to the Wife Book",It can be seen that the Dunhuang document reflects the bet365 best casino games local compliance of the law,You need to issue a "handwriting" (that is, the wife of the wife) to lift the marriage。
Divided the property with a stroke
Putting Wife Book is a model text of the divorce contract,Good Follow,More beautiful words,Suitable for all kinds of divorce。Among them, the division of property of both husband and wife is often generally expressed,Bring it with a stroke。For example, дх.11038 is in the text of the wife's book,Explain "intended to be different,Three -year clothing and food ",The use of property in the three years of husband and wife is no longer calculated,There is no detailed explanation of property division。S.6417V Putting Wife Book Style mentioned: "Wife Wife regardless of three years (three years of Chai 飰 (rice),Fu Xiu said six years of clothing and food。"",P.3220 Wife Book Sample records: "With love,Mei Qi Yin Shi Huanxi。Three -year clothing food,Dedicated medicine。"P.3730V Putting Wife Book Style mentioned:" Three -year clothing and food,Self -dedication。"The above historical materials are similar。
"Three -year clothing food" refers to the clothes and food consumed by both husband and wife in common life,During the marriage period of both parties,How about the consumption and use of household property,When signing the written divorce contract,No longer care。Family property that people consume in social life,Nothing outside clothes、Food、Living、Four items。About "Living",Regardless of the woman who marries the man's home regardless of the marriage,Still the man lives to the female home,Which side of the house that originally belonged to it still belonged to when divorced,Generally does not involve the competition and dispute of houses,Therefore, there is no need to mention the real Bet365 lotto review estate problem for release。As for the situation of "Xing",For men and women of ordinary families at that time,Generally, there will generally not be much proportion in the consumption of family property,Often also ignored。So,Wife Books often use "clothing and grain" to refer to the consumption and use of family property during the duration of marriage。Putting Wife Books use this relatively fixed statement,Mainly to indicate the attitude in a divorce written contract,That is, both men and women do not care about the use of family property in the common marriage life,Reflects from one side that the determination of the two parties requires divorce。
Reflected the concept of lawsuits at the time
At the end of my wife's book,Often stipulates some constraint clauses,Prevent two people from getting involved after divorce,to avoid disputes。The main purpose of the divorce book is to provide written proof,To prevent both the husband and wife regret,Claiming that marriage is still valid。дх.11038 Putting Wife Book Sample text: "From now on, you are not allowed to mess with each other again。Since now,Not allowed to be (violated)。Suddenly Ruo Lie Lie (Column) Couples,Successor will be resisted with officials,Zezhi (Knowing) Baoma (white)。"After the two parties are separated,Don't come to each other,Don't disrupt each other's new life,so as not to regain the relationship between feelings or economy after the two phases are separated。Once the old feelings (things) are lifted,Only use the wife's book as a certificate,Appeal Mansion,Ask the government government to make a judgment,To distinguish whether right and non -black and white。
The reason why the Wife Book is clearly marked with constraints,The main purpose is not to facilitate litigation when disputes occur in the future,and Bet365 lotto review in the constraint、Alert couple: Once a divorce decision is made,Don't regret it easily; if you have entanglement after divorce,Can only cause trouble to yourself。The concept of "litigation" in ancient China is more popular,Especially in terms of civil disputes,"Little event,Tips ",What is the common attitude and wish from the government to the township。Putting Wife Books Use these constrained clauses,Disputes that may occur after the following are in the unpopular stage,It was in line with the common wishes of people at that time。The law of the Tang Dynasty has strict regulations on marriage and divorce,The purpose of maintaining the stability of the family,It is even more for the long history of society。The above -mentioned constraint clauses of Dunhuang's wife's book reflect this "interest litigation" concept at that time,Flows to avoid disputes that may occur in the future。
Similar constraints,such as S.6537VB Putting Wife's Wife Book: "... Suddenly there is no appointment,Yixiangqu Street,Eye eyebrows,Thinking for the old things,Crime of recruiting and solving。For the reeducation of it,Jin Li。"If the divorce parties will not comply with the provisions of the contract in the future,Meet on the narrow road、In the small streets and alleys I met suddenly,One in the direction of the other side squeezed the eyes,Whether you want to pass love、Recalling the past,I still want to relive the old love、Old Dream Remaining,Not allowed,Will lead to "crime of liberation"。
Among the restraint clauses mentioned above,Sentences that emphasize the supervision and execution function of the government,"Ren Jie will be disconnected",There is also a statement that emphasizes the use of Buddhist beliefs to supervise the implementation of divorce,such as "the crime of liberation" in S.6537VB (supervised and Bet365 app download executed by the Buddhist purgatory as the constraint),P.4525 with thousands of livelihood (reincarnation) as a constrained clause。Visible,Confucian ethics、Buddhist thought has a profound impact on Dunhuang's divorce in writing。Divorced written contracts are reflected by Confucian norms,Divide the divorce as "release wife",This shows that in the patrilineal family,Husband’s legal status is higher than his wife,Confucian ethics often blame the marriage failure on his wife,Therefore, the husband is given the power of his wife。In Buddhist thoughts,Pay attention to pre -marital fixed,Emphasizing "husband and wife are not harmonious,It's tantamount to fighting with cats and mice ",From the deep inside to actual action,All advocates、Encourage the public to see divorce as normal things。Buddhism advocates the concept of fruit newspaper,Emphasize that both parties to the divorce have a responsibility,Can't blame one party。
The neighbors of both parties act as witnesses
As mentioned earlier,According to the provisions of the edited by the "Tang Ling Pickup" in the 25th year of Tang Kaiyuan,Husband needs to write a proof of divorce,Divorce requires parents of both parties、Bo、Aunt、Witness of relatives and neighbors of 舅 舅。
We can find cases in the text and actual documents in Dunhuang's document,Observing the implementation of the above -mentioned household order in the divorce written contract。For example,P.3730V、S.6537VA "Dating Two Parents,One difference ";,One difference "; S.343V" Fast Association and Zhu Qi,Each repayment "。These divorced written contracts are specifically mentioned by parents、Witness of relatives。S.6537VB "Please two parents and six relatives,So Lexian Book ",Determine the parents of both parties、bet365 Play online games Relatives must participate in the signing of divorce documents。
The Tang Dynasty was an important period for Confucian ethical legalization,Marriage is not only a combination of men and women,It is also a combination of two families。So,Wife Book as a divorce written contract,Naturally need parents、Signing in -laws,can be produced by legal utility。
(Author Unit: School of History and Culture, Northwest Normal University)
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