HOME

TheInfoList



OR:

''Dishu'' () was an important legal and moral system involving marriage and inheritance in ancient China. In pre-modern eras, upper-class men in ancient China,
Korea Korea ( ko, 한국, or , ) is a peninsular region in East Asia. Since 1945, it has been divided at or near the 38th parallel, with North Korea (Democratic People's Republic of Korea) comprising its northern half and South Korea (Republic o ...
,
Vietnam Vietnam or Viet Nam ( vi, Việt Nam, ), officially the Socialist Republic of Vietnam,., group="n" is a country in Southeast Asia, at the eastern edge of mainland Southeast Asia, with an area of and population of 96 million, making i ...
and Japan often had more than one spouse to ensure the birth of a male heir to their assets and titles. In China, a priority system was created to rank the offsprings' entitlement to this inheritance. Under this system, a man was allowed one official wife, called a ''zhengshi'' (正室, pronounced '' seishitsu'' in Japanese, lit. "formal household") or ''Di'' wife (嫡妻), and her son was called the ''Di'' son (嫡子). A woman would have to go through a formal wedding to become the Di wife, otherwise she would be considered a concubine of her husband. A man could only have one Di wife unless he had already divorced another. In the
Tang dynasty The Tang dynasty (, ; zh, t= ), or Tang Empire, was an imperial dynasty of China that ruled from 618 to 907 AD, with an interregnum between 690 and 705. It was preceded by the Sui dynasty and followed by the Five Dynasties and Ten Kingdom ...
, any man who had more than one ''Di'' wife would be considered to be
bigamous In cultures where monogamy is mandated, bigamy is the act of entering into a marriage with one person while still legally married to another. A legal or de facto separation of the couple does not alter their marital status as married persons. I ...
and would be liable to one year of penal labor. The woman involved would also receive a slightly less severe punishment unless she could prove she had been cheated into the marriage. In either case, the marriage would be
annul Annulment is a legal procedure within secular and religious legal systems for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost ...
led. A secondary spouse was called a ''ceshi'' (側室, lit. "side household") or ''Shu'' wife (庶妻). A man might participate in a small ritual, or no ceremony, to take on a shu wife. Several Shu wives were allowed for one man at the same time according to the law. A shu wife‘s son was called the ''Shu'' son (庶子). Shu sons had to regard the Di wife of their father as their mother and respect her. Their birth mother would be called ''yiniang'' (姨娘, lit. "aunt"). Based on social standards, it was required that the Di wife's major responsibilities were managing all Shu wives and taking care of them like her younger sisters. However, if Shu wives did not show respect to the Di wife, then the Di wife had the right to punish them. ''Di'' sons, regardless of their age, held much higher social status than the ''Shu'' sons, and the eldest ''Di'' son (嫡長子) held the paramount position over all other children of the house. An
illegitimate son Legitimacy, in traditional Western common law, is the status of a child born to parents who are legally married to each other, and of a child conceived before the parents obtain a legal divorce. Conversely, ''illegitimacy'', also known as '' ...
, born out of wedlock, was generally categorized as a ''Shu'' son, though he would have much lower status than those born to legitimate ''Shu'' wives.
Tang dynasty The Tang dynasty (, ; zh, t= ), or Tang Empire, was an imperial dynasty of China that ruled from 618 to 907 AD, with an interregnum between 690 and 705. It was preceded by the Sui dynasty and followed by the Five Dynasties and Ten Kingdom ...
law prescribed that if a Di son died, his eldest Di son (Di grandson) should be the successor, taking precedence over all other members of the family; if a Di grandson could not be found, the Di son's next full-brother (born of the same ''zhengshi'' mother) should be the successor. If no Di offspring were available, a Shu son could be considered. During most of the history of imperial China, a man could not divorce or demote a ''zhengshi'' wife (以妻為妾) unless she had committed one of "seven misconducts for divorce" (七出). # Unfilial conducts (不順父母) — considered a sin as it was "immoral" (逆德) # Incapable of bearing sons (無子) — considered a sin as it "threatened bloodlines" (絕世) # Promiscuity (淫) — considered a sin as it "disrupted clan" (亂族) #
Jealousy Jealousy generally refers to the thoughts or feelings of insecurity, fear, and concern over a relative lack of possessions or safety. Jealousy can consist of one or more emotions such as anger, resentment, inadequacy, helplessness or disgus ...
(妒) — considered a sin as it "disrupted family" (亂家) #Having severe illness (有惡疾) — considered a sin as it "hindered family rituals" (不可共粢盛) #Excessive
gossip Gossip is idle talk or rumour, especially about the personal or private affairs of others; the act is also known as dishing or tattling. Gossip is a topic of research in evolutionary psychology, which has found gossip to be an important means ...
ing (口多言) — considered a sin as it "instigated discord among relatives" (離親) #
Theft Theft is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word ''theft'' is also used as a synonym or informal shorthand term for som ...
(竊盜) — considered a sin as it was "against
common good In philosophy, economics, and political science, the common good (also commonwealth, general welfare, or public benefit) is either what is shared and beneficial for all or most members of a given community, or alternatively, what is achieved by c ...
" (反義) However, there were three conditions, known as "three exceptions" (三不去), that forbade a man from ever divorcing his wife even if she commits the above seven sins. #The wife has no parental family to return to after divorce (有所娶無所歸) #The wife has served three years of
filial mourning Filial mourning () refers to a bureaucratic norm, practiced since the Han dynasty, whereby officials of the imperial government of China were obliged to resign their posts and return to their home upon the death of a parent or grandparent. Descri ...
for deceased parent(s)-in-law (與更三年喪) #The husband was poor upon marriage but now wealthy (前貧賤後富貴) Tang law prescribed that a man caught demoting his ''zhengshi'' wife to ''ceshi'' without good cause would be sentenced to two years of penal labor, and the ''zhengshi'' wife's status would be restored. Any man who divorced his wife without legitimate reasons (the above-mentioned "seven misconducts") would be subjected to eighteen months of penal labor, and a further 100 strokes of the
cane Cane or caning may refer to: *Walking stick or walking cane, a device used primarily to aid walking * Assistive cane, a walking stick used as a mobility aid for better balance *White cane, a mobility or safety device used by many people who are ...
if he violated the wife's protection under the "three exceptions".
Tang Code The ''Tang Code'' () was a penal code that was established and used during the Tang Dynasty in China. Supplemented by civil statutes and regulations, it became the basis for later dynastic codes not only in China but elsewhere in East Asia. The Cod ...
》:“諸妻無七出及義絕之狀,而出之者,徒一年半;雖犯七出,有三不去,而出之者,杖一百。追還合。若犯惡疾及奸者,不用此律。”
After the
Song dynasty The Song dynasty (; ; 960–1279) was an imperial dynasty of China that began in 960 and lasted until 1279. The dynasty was founded by Emperor Taizu of Song following his usurpation of the throne of the Later Zhou. The Song conquered the rest ...
, the difference between social status of Di and Shu wives/sons decreased.


References

{{Reflist Polygamy law Marriage, unions and partnerships in China Sexuality and society Social history of China Social history of Japan Social history of Korea Polygyny Chinese law Legal history Inheritance