''Dishu'' () was an important legal and
moral system involving marriage and inheritance in the
Chinese cultural sphere.
In
pre-modern
In world history, post-classical history refers to the period from about 500 CE to 1500 CE, roughly corresponding to the European Middle Ages. The period is characterized by the expansion of civilizations geographically and the developm ...
eras, upper-class men in China, Japan, Korea, and Vietnam 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
A wedding is a ceremony in which two people are united in marriage. Wedding traditions and customs vary greatly between cultures, ethnicity, ethnicities, Race (human categorization), races, religions, Religious denomination, denominations, Cou ...
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, c=唐朝), or the Tang Empire, was an Dynasties of China, imperial dynasty of China that ruled from 618 to 907, with an Wu Zhou, interregnum between 690 and 705. It was preceded by the Sui dynasty and followed ...
, any man who had more than one ''di'' wife would be considered to be
bigamous and would be liable to one year of
penal labor
Penal labour is a term for various kinds of forced labour that prisoners are required to perform, typically manual labour. The work may be light or hard, depending on the context. Forms of Sentence (law), sentence involving penal labour hav ...
. The woman involved would also receive a slightly less severe
punishment
Punishment, commonly, is the imposition of an undesirable or unpleasant outcome upon an individual or group, meted out by an authority—in contexts ranging from child discipline to criminal law—as a deterrent to a particular action or beh ...
unless she could prove she had been cheated into the marriage. In either case, the marriage would be
annulled.
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
A ritual is a repeated, structured sequence of actions or behaviors that alters the internal or external state of an individual, group, or environment, regardless of conscious understanding, emotional context, or symbolic meaning. Traditionally ...
, 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, 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 she had the right to punish them.
''Di'' sons, regardless of their age, held much higher
social status
Social status is the relative level of social value a person is considered to possess. Such social value includes respect, honour, honor, assumed competence, and deference. On one hand, social scientists view status as a "reward" for group members ...
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, 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, c=唐朝), or the Tang Empire, was an Dynasties of China, imperial dynasty of China that ruled from 618 to 907, with an Wu Zhou, interregnum between 690 and 705. It was preceded by the Sui dynasty and followed ...
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
The history of China spans several millennia across a wide geographical area. Each region now considered part of the Chinese world has experienced periods of unity, fracture, prosperity, and strife. Chinese civilization first emerged in the Y ...
, a man could not
divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganising of the legal duties and responsibilities of marriage, thus dissolving the M ...
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
In religious context, sin is a transgression against divine law or a law of the deities. Each culture has its own interpretation of what it means to commit a sin. While sins are generally considered actions, any thought, word, or act considered ...
as it was "immoral" (逆德)
#
Incapable of bearing sons (無子) — considered a
sin
In religious context, sin is a transgression against divine law or a law of the deities. Each culture has its own interpretation of what it means to commit a sin. While sins are generally considered actions, any thought, word, or act considered ...
as it "threatened bloodlines" (絕世)
#
Promiscuity
Promiscuity is the practice of engaging in sexual activity frequently with different partners or being indiscriminate in the choice of sexual partners. The term can carry a moral judgment. A common example of behavior viewed as promiscuous by man ...
(淫) — considered a
sin
In religious context, sin is a transgression against divine law or a law of the deities. Each culture has its own interpretation of what it means to commit a sin. While sins are generally considered actions, any thought, word, or act considered ...
as it "disrupted
clan
A clan is a group of people united by actual or perceived kinship
and descent. Even if lineage details are unknown, a clan may claim descent from a founding member or apical ancestor who serves as a symbol of the clan's unity. Many societie ...
" (亂族)
#
Jealousy
Jealousy generally refers to the thoughts or feelings of Emotional insecurity, 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, he ...
(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 rumor, especially about the personal or private affairs of others; the act is also known as dishing or tattling.
Etymology
The word is from Old English ''godsibb'', from ''god (word), god'' and ''sibb'', the term for the ...
ing (口多言) — considered a sin as it "instigated discord among relatives" (離親)
#
Theft
Theft (, cognate to ) 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 shor ...
(竊盜) — considered a sin as it was "against
common good
In philosophy, Common good (economics), economics, and political science, the common good (also commonwealth, common weal, general welfare, or public benefit) is either what is shared and beneficial for all or most members of a given community, o ...
" (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 did commit any of 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 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
Penal labour is a term for various kinds of forced labour that prisoners are required to perform, typically manual labour. The work may be light or hard, depending on the context. Forms of Sentence (law), sentence involving penal labour hav ...
, 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 blind or visually i ...
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 ( ) was an Dynasties of China, imperial dynasty of China that ruled from 960 to 1279. The dynasty was founded by Emperor Taizu of Song, who usurped the throne of the Later Zhou dynasty and went on to conquer the rest of the Fiv ...
, 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
Social history of Vietnam
Polygyny
Chinese law
Legal history
Inheritance