at first in the power of the master; it has specified the impediments; lastly, it has sanctioned divorce by mutual consent, which still terrifies our legislators.
Ancient India had also left the right of repudiation to the husband, but she had no place for divorce in her legislation, and had imposed no restriction on the good pleasure of the husband if there existed one of the cases enumerated by the Code:—"A wife given to intoxicating liquors, having bad morals, given to contradicting her husband, attacked with an incurable disease, as leprosy, or who has been spendthrift of his wealth, ought to be replaced by another." "A sterile wife ought to be replaced in the eighth year; the wife whose children are all dead, in the tenth year; the wife who only bears daughters, in the eleventh; the wife who speaks with bitterness, instantly."[1] "For one whole year let a husband bear with the aversion of his wife; but after a year, if she continues to hate him, let him take what she possesses, only giving her enough to clothe and feed her, and let him cease to cohabit with her."[2]
Here it is no longer a question of divorce by mutual consent, nor of protective measures for the wife. If she is legally replaced without being repudiated, and then if she abandons with anger the conjugal abode, she must be imprisoned or repudiated in the presence of witnesses.[3] The prolonged absence of the husband does not set free the wife, even when she has been left without resources. She must patiently await the return of the absent master, during eight years if he is gone for a pious motive; six years if he is travelling for science or glory; three years if he is roaming the world for his pleasure. When these delays have expired, the deserted one is none the less married; she has only the power to go to seek the traveller.[4]
Like the writers of the Code of Manu, those of the Bible have thought very little of the rights of woman in legislating on divorce and repudiation.
The book of Deuteronomy, very accommodating for the husband, authorises him to repudiate his wife "when she find no favour in his eyes, because he hath found some uncleanness in her;" he has only to put a "letter of
