organization in the old States, after the old gentile constitution had fallen to pieces. The tribe splits up into several tribes, all of which have the same constitution, and in each of which the old gentes are reproduced. However, seeing that the gentile constitution forbids the intermarriage of brothers and sisters, and of relatives on the mother's side to the furthest degree, it undermines its own foundation. Due to the evermore complicated relations of the separate gentes with one another – a condition of things that the social and economic progress promotes – the inhibition of marriage between the several gentes, that descend from the mother's side, becomes in the long run impracticable: it breaks down of itself, or is burst asunder. So long as the production of the means of subsistence was still at the lowest stages, and satisfied only simple wants, the activity of man and woman was essentially the same. Along with an increasing division of labor, there came about, not merely a division of functions, but also a division of occupations. Fishing, the hunt, cattle-raising, – demanded separate knowledge; and, to a still higher degree, the construction of tools and utensils, which became mainly the property of the men. Field agriculture expanded materially the circle of activities, and it created a supply of subsistence that satisfied the highest demands of the time. Man, whose activity stood in the foreground in the course of this development, became the real lord and owner of these sources of wealth, which, in turn, furnished the basis for commerce; and this created new relations, and social changes.
Not only did ever fresh causes of friction and conflicts arise for the possession of the best lands, due to the increase of population, and the need of wider domains for cattle-raising and agriculture, but, along with such increase of population, there arose the need of labor power to cultivate the ground. The more numerous these powers, all the greater was the wealth in products and herds. These struggles led, first, to the rape of women, later to the enslaving of conquered men. The women became laborers and objects of pleasure for the conqueror; their males became slaves. Two elements were thereby simultaneously introduced into the old gentile constitution. The two and the gentile constitution could not, in the long run, get along together.
Furthermore, hand in hand with the increasing differentiation of occupations, owing to the growing need of tools, utensils, weapons, etc., handicraft rises into existence. It follows its own course of development and separates itself from agriculture. As a consequence, a distinct population, one that plies the trades, is called into life; and it splits off from the agricultural population with entirely different interests.
According to the mother-right, i. e., so long as descent followed only in female line, the custom was that the gentile relatives inherited from the deceased gentile fellow-members on the mother's side. The property remained in the gens. The children of the deceased father did not belong to his gens, but to that of the mother: accordingly, they did not inherit from the father; at his death his property fell back to his own gens. Under the new conditions, where the father was the property-holder, i. e., the owner of herds and slaves, of weapons and utensils, and where he had become a handicraftsman, or merchant, his property, so long as he was still considered of the gens of his mother, fell after his death, not to his own children, but to his brothers and sisters, and to the children of his sisters, or to the successors of his sisters. His own children went away empty-handed. The pressure to change such a state of things was, accordingly, powerful; – and it was changed. Thereupon a condition arose that was not yet monogamy, but that approximated it; there arose the "pairing family." A certain man lived with a certain woman, and the children, born of that relation, were that couple's own children. These pairing families increased in the measure in which the marriage inhibitions, that flowed from the gentile constitution, hampered marriage, and in which the above mentioned economic grounds rendered desirable this new form of family life. Personal property accorded ill with the old condition of things, which rested upon the community of goods. Both rank and occupation now decidedly favored the necessity for the choice of a domicile. The production of merchandise begot commerce with neighboring and foreign nations; and that necessitated money. It was man who led and controlled this development. His private interests had, accordingly, no longer any real points of contact with the old gentile organization, whose interests often stood in opposition to his own. Accordingly, the importance of the gentile organization sank ever more. The gens finally became little more than the center of the religious functions for the family, its economic significance was gone. The complete dissolution of gentile organization became only a question of time.
With the dissolution of the old gentile organization, the influence and position of woman sank rapidly. The mother-right vanished; the father-right stepped into its shoes. Man now became a private property-holder: he had an interest in children, whom he could look upon as legitimate, and whom he made the heirs of his property: hence he forced upon woman the command of abstinence from intercourse with other men.
At the same time man assumed the right of taking unto himself, beside his own wife, or several of them, as many concubines as his condition allowed; and the children of these concubines were likewise treated as legitimate. On this head we find two valuable illustrations in the Bible. In I Book of Moses, chapter 16, verses 1 and 2, we read: "Now Sarai, Abram's wife, bare him no children: and she had a hand-maid, an Egyptian, whose name was Hagar. And Sarai said unto Abram, Behold now, the Lord has restrained me from bearing: I pray thee, go in unto my maid; it may be that I may obtain children by her. And Abram hearkened to the voice of Sarai." The second remarkable illustration is found in I Book of Moses 30, 1 and sequel: "And when Rachel saw that she bare Jacob no children, Rachel envied her sister; and said unto Jacob, Give me children, or else I die. And Jacob's anger was kindled against Rachel; and he said, Am I in God's stead, who hath withheld from thee the fruit of the womb? and she said, Behold my maid Bilhah, go in unto her; and she shall bear upon my knees that I may also have children by her. And she gave him Bilhah her handmaid to wife: and Jacob went in unto her."
Jacob, accordingly, had not only the daughters of Laban, two sisters, simultaneously for wives, they also helped him to their maids, all of which, according to the usage of the times, was wholly free from taint of impropriety. The two principal wives he had bought, as is well known, by serving Laban seven years for each. The purchase of a wife was at the time common among the Jews, but, along with the purchase of wives, whom they were compelled to take from among their own people, they practiced on an extensive scale the rape of women from among the peoples that they conquered. The Benjaminites raped the daughters of Silos.8 In such wars, it was originally customary that all the men who fell into the hands of the vanquisher were killed. The captured woman became a slave, a concubine. Nevertheless, she could be raised to the dignity of a legitimate wife so soon as she had fulfilled certain conditions of the Jews: she had to cut her hair and nails; to lay off the dress she was captured in, and exchange it for another that was given her; thereupon she had to mourn a whole month for her father and mother: she was, in a manner to be dead to her own people, become estranged from them: then could she climb into the conjugal bed. The largest number of wives had King Solomon, as is known. According to Kings 1, 11, not less than 700 wives and 300 concubines are ascribed to him.
With the rule of the father-right and descent in the male line in the Jewish gentile organization, the daughters were excluded from inheritance. Later this was, however, changed, at least when a father left no sons. This appears from IV Book of Moses 27, 2-8, where it is reported that, as Zelaphehad died without sons, and his daughter complained bitterly that she was to be excluded from her father's inheritance, which was to fall back to the tribe of Joseph, Moses decided that, in that case, the daughters should inherit. But seeing that she contemplated marrying, according to custom, in another tribe, the tribe of Joseph complained that thereby the inheritance would be lost to it. Thereupon Moses decided further (4, 36) that heiresses, though free in the choice of a husband, were bound to marry in the tribe of their own father. For the sake of property, the old ordinance was overthrown. Similarly, in Athens, did Solon decree that an heiress had to marry her nearest male agnate, even though both belonged to the same gens, and, according to former law, such a marriage was forbidden. Solon ordered also that a property-holder was not compelled as thitherto, to leave his property to his own gens in case he died childless; but that he could by testament constitute any one else his heir. From all this it is obvious: – man
Book of Judges, 20, 21 and sequel.
