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88-550: The lands of Pöhlde were given in dower in c 927 to Queen Matilda by her husband, Henry I the Fowler (d. 936). This is the earliest-written record of the place. Dedicated to Saint John the Baptist and Saint Servatius , the abbey was founded in 952 by Matilda and received generous endowments from her son, Emperor Otto I . It benefited greatly from its close connection to the imperial palace then also situated at Pöhlde, and for

176-463: A reverse auction was needed to determine the dowry to be paid to a swain. In case of divorce without reason, a man was required to give his wife the dowry she brought as well as the bride price the husband gave. The return of dowry could be disputed, if the divorce was for a reason allowed under Babylonian law. A wife's dowry was administered by her husband as part of the family assets. He had no say, however, in its ultimate disposal; and legally,

264-433: A Russian advice book of the 16th century for upper classes, includes advice to set aside property for purposes of a dowry, and use it to accumulate linens, clothing, and other things for it, rather than have to suddenly buy it all for the wedding; if the daughter should happen to die, the dowry should be used to give alms and for prayers for her soul, although some might be set aside for other daughters. In late Tsarist Russia

352-496: A bride they care nothing whether she has a dowry and a handsome fortune, but look only to her beauty and other advantages of the outward person. Arrian , The Invasion of India by Alexander the Great , 3rd century BC Arrian's second book similarly notes, They (Indians) marry without either giving or taking dowries, but the women as soon as they are marriageable are brought forward by their fathers in public, to be selected by

440-601: A different instrument than on the Continent. The Salic law , which required females to be disinherited and disenfranchised from land ownership, did not apply in England. Single women held many rights men did. The most famous example of this English female inheritance and agency right is perhaps Elizabeth I of England , who held all rights a male monarch did. While single women held rights to hold property equivalent to those of men, marriage and married women were affected by

528-412: A dowry. Gioachino Rossini 's opera La Cenerentola makes this economic basis explicit: Don Magnifico wishes to make his own daughters' dowries larger, to attract a grander match, which is impossible if he must provide a third dowry. One common penalty for the kidnapping and rape of an unmarried woman was that the abductor or rapist had to provide the woman's dowry. Until the late 20th century this

616-445: A fourth of the remaining wealth to her upkeep till she is ready to marry, and then give the rest to her to take with her into her married life. Dowry was common in different historic periods of China and continued through the modern history. Locally called " 嫁妝 ( Jiàzhuāng ), the dowry ranged from land, jewelry, money to a collection of clothing, sewing equipment and collection of household items. Mann and others find that dowry

704-482: A historical correlation between the practices of "diverging devolution" (dowry) and the development of intensive plough agriculture on the one hand, and homogeneous inheritance (brideprice) and extensive hoe agriculture on the other. Drawing on the work of Ester Boserup , Goody notes that the sexual division of labour varies in intensive plough agriculture and extensive shifting horticulture. In sparsely populated regions where shifting cultivation takes place, most of

792-445: A husband or his family, to a wife for her support should she become widowed . It was settled on the bride (being given into trust ) by agreement at the time of the wedding, or as provided by law. The dower grew out of the practice of bride price , which was given over to a bride's family well in advance for arranging the marriage, but during the early Middle Ages, was given directly to the bride instead. However, in popular parlance,

880-560: A husband rich at the time of his death, an ordinance of the Christian Emperor Justinian secured her the right to a part of her husband's property, of which no disposition of his could deprive her. Dower payments evolved from the Germanic custom of paying a bride price, which over centuries morphed into the bride gift. After the introduction of Christianity, the custom of dower persisted as a method of exacting from

968-607: A joint family. She would often sell this property for cash to overcome hard economic times or needs of her children and husband. In a few cases, she may transfer the property she brought as dowry to her daughter or daughter-in-law. Dowry assets once transferred in turn constituted separate wealth of the woman who received it ( sifang qian , etc.). Often a woman who brought a large dowry was considered more virtuous in Chinese culture than one who didn't. In parts of China, both dowry and brideprice ( pinjin ) were practiced from ancient eras to

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1056-472: A man must pay mahr to his bride. It is the duty of the husband to pay as stated in the Qu'ran (Sura Al-Nisaa’ verses 4 and 20–24), although often his family may assist, and by agreement can be in promissory form, i.e. in the event the husband pronounces talaq . It is considered a gift which the bride has to agree on. The mahr can be any value as long as it is agreed upon by both parties. When the groom gives his bride

1144-468: A man who became a monk and made his religious profession in England was deemed civilly dead, "dead in law"; consequently his heirs inherited his land forthwith as though he had died a natural death. Assignment of dower in his hand would nevertheless be postponed until the natural death of such a man, for only by his wife's consent could a married man be legally professed in religion, and she was not allowed by her consent to exchange her husband for dower. After

1232-451: A money dowry. In Romania in the late 18th and early 19th centuries (1750–1830s) the exclusion of dowered girls from the family inheritance led to increased cohesion within the nuclear family. The wife's male relatives controlled the dowry but she retained sole ownership of the dowry and wedding gifts. Her relatives could prosecute the husband for squandering a dowry; wives gained some ability to leave an abusive marriage. The long-term result

1320-1229: A negligent husband, and may eventually go to provide for her children. Dowries may also go toward establishing a marital household, and therefore might include furnishings such as linens and furniture. Locally, dowry or trousseau is called jahez in Urdu , jahizie in Persian and Arabic ; dahej in Hindi , dāj in Punjabi , daijo in Nepali , çeyiz in Turkish , joutuk in Bengali , jiazhuang in Mandarin , varadhachanai in Tamil , khatnam in Telugu , streedhanam in Malayalam , miraz in Serbo-Croatian and in various parts of Africa

1408-416: A new household. Dos was given for the purpose of enabling the husband to sustain the charges of the marriage state (onera matrimonii). All the property of the wife which was not dowry, or was not a donatio propter nuptias, continued to be her own property, and was called Parapherna . The dowry could include any form of property, given or promised at the time of marriage, but only what remained after deducting

1496-409: A right to certain property from the bridegroom or his family. It was intended to ensure her livelihood in widowhood, and it was to be kept separate and in the wife's possession. Dower is the gift given by the groom to the bride, customarily on the morning after the wedding, though all dowerings from the man to his fiancée, either during the betrothal period, or wedding, or afterwards, even as late as in

1584-690: A time was one of the wealthiest monasteries in Germany. The foundation was originally for Canons regular , but it adopted the Rule of St. Benedict in 952. In 1131 it joined the Premonstratensian Order . In 1200 the old Romanesque church burnt down. Its Gothic successor was consecrated in 1240. In 1525 both church and monastery were destroyed by peasants from Eichsfeld in the Peasants' War . The monks moved to Duderstadt . In 1533 in

1672-657: A widow's dower estate has phases: inchoate dower while the husband is still alive (wives co-sign their husbands' deeds for land in order to release their inchoate dower rights), unassigned dower after his death and before a dower lot is assigned to her, assigned (and if necessary admeasured ) dower once the lot is determined. Then she can live on the dower lot or get its usufruct ("fruits" like actual fruit or animals grown there, and any rental income from her share), during her life. She can sell her unassigned or assigned dower rights, but could not sell them while they were still inchoate before her husband's death. Her dower lot

1760-528: A woman's dowry was often returned to her family. Coverture never applied universally in Britain and was repealed in the 1800s. This effectively ended the concept of dowry as the property of a single woman was either retained by her after marriage or its income became marital property under joint control with a husband (not under his sole control as in coverture). In some parts of Europe, especially Eastern Europe, land dowries were common. The Domostroy ,

1848-545: Is an evolutionary model in which these historical variables may not be the decisive factors today. Susan Mann argues, in contrast, with examples where even in late Imperial China, dowry was a form of female inheritance. Stanley J. Tambiah later argued that Goody's overall thesis remained pertinent in North India , although it required modification to meet local circumstances. He points out that dowry in North India

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1936-568: Is assigned to her by the husband's heirs who inherit the land, and it should be one-third of the husband's real property (by value, not by land area). If the widow disputes it, she or the heirs may file an action in court for admeasurment of dower and the court will determine and assign a dower lot to the widow. See Scribner on Dower . A widow 's dower and widower 's curtesy rights have been abolished by statute in most American states and territories, most recently in Michigan in 2016. Dower

2024-465: Is based on interpreting verses of ancient Sanskrit scriptures from India, not eyewitness accounts. Available eyewitness observations from ancient India give a different picture. One of these are the eyewitness records from Alexander the Great 's conquest ( ca . 300 BC), as recorded by Arrian and Megasthenes. Arrian's first book mentions a lack of dowry, They (these ancient Indian people) make their marriages accordance with this principle, for in selecting

2112-497: Is known as serotwana , idana , saduquat or mugtaf . Anthropologist Jack Goody 's comparative study of dowry systems around the world utilizing the Ethnographic Atlas demonstrated that dowry is a form of inheritance found in the broad swath of Eurasian societies from Japan to Ireland that practice "diverging devolution", i.e., that transmit property to children regardless of sex. This practice differs from

2200-486: Is made that the bride and the children of the marriage will not receive anything else (than the dower) from the bridegroom or from his inheritance or patrimony or from his clan, that sort of marriage was dubbed as "marriage with only the dower and no other inheritance", i.e. matrimonium ad morganaticum . Neither the bride nor any children of the marriage has any right on the groom's titles, rights, or entailed property. The children are considered legitimate on other counts and

2288-464: Is not possible in jurisdictions that do not allow sufficient freedom of contracting, as it is an agreement containing that pre-emptive limitation to the inheritance and property rights of the wife and the children. Marriages have never been considered morganatic in any part of the United Kingdom . The payment from the groom to the bride is a mandatory condition for all valid Muslim marriages :

2376-458: Is only partially used as a bride's conjugal fund, and that a large part goes directly to the groom's joint family. This would initially seem to discount Goody's model, except that in North India, the joint family is composed of the groom's parents, his married brothers and unmarried sisters, and their third generation children. This joint family controlled this part of the dowry, which they used to help fund their own daughter/sister's dowries. But when

2464-436: Is the type of property controlled by the household. Bridewealth circulates property and women, and is typical of societies where property is limited. Dowry concentrates property and is found in property owning classes or commercial or landed pastoral peoples. When families give dowry, they not only ensure their daughter's economic security, they also "buy" the best possible husband for her, and son-in-law for themselves. Even in

2552-456: The Baháʼí Faith 's most holy book, the dower is paid from the groom to the bride. The dower, if the husband lives in a city, is nineteen mithqáls (approx. 2.2 troy ounces ) of pure gold, or, if the husband lives outside a city, the same amount in silver. Dowry A dowry is a payment, such as land property, monetary, cattle or any commercial asset that is paid by the bride's family to

2640-464: The Norman Conquest changes to the law in the 12th century. Coverture was introduced to the common law in some jurisdictions, requiring property of a wife to be held in the husband's name, custody and control. The Normans also introduced the dowry in England replacing the earlier custom of the new husband giving a morning gift to his bride. At first the husband publicly gave the dowry at

2728-560: The Reformation Duke Philip of Grubenhagen dissolved the abbey and took over its property. In 1629 a brief attempt to revive the abbey ended in failure. Later in the Thirty Years' War what little remained on the site was completely destroyed. After the return of peace the present half-timbered village church was built on the foundations of the nave of the destroyed abbey church. There are no visible traces of

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2816-532: The dos (dowry) of the Roman law, which was a gift on the part of the wife to the husband, while in Germany the gift was made by the husband to the wife. There was indeed in the Roman law what was termed donatio propter nuptias , a gift from the family of the husband, but this was only required if the dos were brought on the part of the wife. So too in the special instance of a widow (herself poor and undowried) of

2904-682: The (proposed) wife may give it back to him of her own will (if she does not want to marry). Al-Biruni , Chapter on Matrimony in India , about 1035 AD Al-Biruni further claims that a daughter, in 11th-century India, had legal right to inherit from her father, but only a fourth part of her brother. The daughter took this inheritance amount with her when she married, claimed Al-Biruni, and she had no rights to income from her parents after her marriage or to any additional inheritance after her father's death. If her father died before her marriage, her guardian would first pay off her father's debt, then allocate

2992-471: The 20th century. Though throughout the history of China, the practice of using a brideprice has largely been used instead of dowries, but has slowly diminished in modern times. Dowry was widely practiced in Europe until the early modern era. Folklorists often interpret the folk tale Cinderella as the competition between the stepmother and the stepdaughter for resources, which may include the need to provide

3080-512: The Act still had (in certain cases) to acknowledge the deed before a commissioner to bar their right to dower in property which their husband sold. This was simpler than the previous procedure, which had required a fine to be levied in the Court of Common Pleas , a fictitious proceeding , by which she and her husband formally remitted their right to the property to the purchaser. In English law, dower

3168-747: The Archconfraternity of the Annunciation, a Roman charity dedicated to providing dowries, received the entire estate of Pope Urban VII . In 1425, the Republic of Florence created a public fund, called the Monte delle doti , to provide dowries to Florentine brides. Vast inheritances were standard as dowries for aristocratic and royal brides in Europe during the Middle Ages. The Portuguese crown gave two cities in India and Morocco as dowry to

3256-521: The British Crown in 1661 when King Charles II of England married Catherine of Braganza , a princess of Portugal. In some cases, nuns were required to bring a dowry when joining a convent . At some times, such as Ancien Régime France, convents were also used by some parents to put less attractive daughters, so that the more marriageable daughters could have larger dowries. Ancien Régime families that could not provide proper dowries also used

3344-571: The English aristocracy sent few of their eligible daughters to convents. Failure to provide a customary, or agreed-upon, dowry could cause a marriage to be called off. William Shakespeare made use of such an event in King Lear : one of Cordelia's suitors gives up his suit upon hearing that King Lear will give her no dowry. In Measure for Measure , Claudio and Juliet's premarital sex was brought about by their families' wrangling over dowry after

3432-559: The Langobardian kingdom. The husband was legally prevented from using the wife's dower — as contrasted with her dowry , which was brought to the marriage by the bride and used by both spouses. This often meant that the woman's legal representative, usually a male relative, became guardian or executor of the dower, to ensure that it was not squandered. Usually, the wife was free from kin limitations to use (and bequeath) her dower to whatever and whomever she pleased. It may have become

3520-528: The Reformation and the enactment of the English statute of 11 and 12 William III , prohibiting "papists" from inheriting or purchasing lands, a Roman Catholic widow was not held to be debarred of dower, for dower accruing by operation of law was deemed to be not within the prohibitions of the statute. By a curious disability of old English law a Jewish widow born in England would be debarred of dower in land which her husband, he having been an Englishman of

3608-400: The abbey left. Between 1971 and 1974 the remains of the abbey were uncovered during archaeological excavations, but for their better preservation were covered over again. The remains of the palace, to which the abbey buildings were physically connected, were also excavated at about the same time, but were also covered over again. Dower Dower is a provision accorded traditionally by

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3696-571: The beginning of 20th century, bridewealth , rather than dowry was the common custom, which often resulted in poor boys remaining unmarried. Stanley J. Tambiah claims the ancient Code of Manu sanctioned dowry and bridewealth in ancient India (typically in Rohtak) and especially in Kadia families, but dowry was the more prestigious form and associated with the Brahmanic (priestly) caste. Bridewealth

3784-423: The betrothal. Angelo's motive for forswearing his betrothal with Mariana was the loss of her dowry at sea. In Victorian England , dowries were viewed by some members of the upper class as an early payment of the daughter's inheritance . In some instances, daughters who had not received their dowries were the only female heirs entitled to part of the estate when their parents died. If a couple died without children,

3872-664: The church door at the wedding. If the husband died first, which was frequent, there was a Widows dowry of one third of the husband's lands at the time of his marriage; the income, and in some cases, the management, of the lands, was assigned to her for the rest of her life. This concept is included in the Great Charter , and along with the recognition of female inheritance and absence of the Salic law , and women, particularly single women, holding many rights equivalent to those men held, manifests English law differing fundamentally from

3960-558: The convents as places to put their daughters. In the County of Bentheim in Lower Saxony , for instance, parents who had no sons might give a land dowry to their new son-in-law. It was commonly given with the condition that he take the surname of his bride, in order to continue the family name. Dowry was used in England. However, the right of daughters to inherit and of women to hold property and other rights in their own name made it

4048-403: The debts. Not only the bride's family, any person could donate his property as dowry for the woman. Two types of dowry were known— dos profectitia and dos adventitia . That dos is profectitia which was given by the father or father's father of the bride. All other dos is adventitia. Roman law also allowed for a species of dowry, called dos receptitia , which was given by some other person than

4136-439: The dowry had to be kept separate for it was expected to support the wife and her children. The wife was entitled to her dowry at her husband's death. If she died childless, her dowry reverted to her family, that is her father if he was alive, otherwise her brothers. If she had sons, they would share it equally. Her dowry was inheritable only by her own children, not by her husband's children or by other women. In archaic Greece ,

4224-467: The dowry in one lump sum. The practice of dowry in the Indian subcontinent is a controversial subject. Some scholars believe dowry was practiced in antiquity, but some do not. Historical eyewitness reports (discussed below) suggest dowry in ancient India was insignificant, and daughters had inheritance rights, which by custom were exercised at the time of her marriage. Documentary evidence suggests that at

4312-423: The dowry originally consisted of clothing for the bride, linen, and bedding. Linen became less common, a fact blamed on poor flax harvest and girls being poor spinners, but emphasis was added to the finest of the clothing, and a money dowry was sometimes added, particularly if the bride was regarded as having some fault. Prospective in-laws, usually concerned mostly with her working ability, grew more concerned about

4400-430: The dowry. According to Herodotus , auctions of maidens were held annually. The auctions began with the woman the auctioneer considered to be the most beautiful and progressed to the least. It was considered illegal to allow a daughter to be sold outside of the auction method. Attractive maidens were offered in an auction to determine the bride price to be paid by a swain, while in the case of maidens lacking attractivity

4488-434: The father or father of the bride's father, in consideration of marriage, but on the condition that it should be restored back to the dowry giver, on the death of the wife. The bride's family were expected to give a dowry when a girl married, and in proportion to their means. It was customary for the bride's family and friends to pay promised dowries in installments over three years, and some Romans won great praise by delivering

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4576-407: The groom or his family at the time of marriage. Dowry contrasts with the related concepts of bride price and dower . While bride price or bride service is a payment by the groom , or his family, to the bride, or her family, dowry is the wealth transferred from the bride, or her family, to the groom, or his family. Similarly, dower is the property settled on the bride herself, by the groom at

4664-591: The groom's family gave the bridewealth, it tended to be given back as dowry to the bride as part of her conjugal estate. Michael Witzel , in contrast, claims the ancient Indian literature suggests dowry practices were not significant during the Vedic period. Witzel also notes that women in ancient India had property inheritance rights either by appointment or when they had no brothers. The findings of MacDonell and Keith are similar to Witzel, and differ from Tambiah; they cite ancient Indian literature suggesting bridewealth

4752-621: The husband at marriage a promise to endow his wife, a promise retained in form even now in the marriage ritual of the Established Church in England . Dower is mentioned in an ordinance of King Philip Augustus of France (1214), and in the almost contemporaneous Magna Carta (1215); but it seems to have already become customary law in Normandy , Sicily , and Naples , as well as in England. The object of both ordinance and charter

4840-605: The law in Quebec recognized a customary dower for widows, a holdover from old French law. This dower could be forfeited by women who took perpetual vows in certain religious orders. It was the law of dower unimpaired by statute which, according to the American commentator Chancellor Kent , has been "with some modifications everywhere adopted as part of the municipal jurisprudence of the United States ". In American law,

4928-466: The law of the Continent, especially the law of the Holy Roman Empire . Thirteenth-century court records are filled with disputes over dowries, and the law became increasingly complex. The English dowry system permitted most noble families to marry off their daughters and thereby gain extended kin and patronage ties. Marriageable daughters were a valuable commodity to ambitious fathers, and

5016-411: The mahr, it becomes her property. While the mahr is usually in the form of cash, it may also be real estate or a business. The mahr is of assistance to a wife in times of financial need, such as a divorce or desertion by the husband. If the mahr is in promissory form then it becomes payable if the husband initiates a divorce . If it was previously paid, the wife is entitled to keep her mahr. However, if

5104-410: The majority of Sub-Saharan African societies that practice "homogenous inheritance" in which property is transmitted only to children of the same sex as the property holder. These latter African societies are characterized by the transmission of the " bride price ", the money, goods or property given by the groom or his family to the parents of the bride (not the bride herself). Goody has demonstrated

5192-523: The oldest available records, such as the Code of Hammurabi in ancient Babylon , the dowry is described as an already-existing custom. Daughters did not normally inherit any of her father's estate. Instead, with marriage, the bride got a dowry from her parents, which was intended to offer her as much lifetime security as her family could afford. In Babylonia, both bride price and dowry auctions were practiced. However, bride price almost always became part of

5280-491: The parents die, and the joint family partitions, this jointly held wealth was then divided among the married sons, such that ultimately, the bride's dowry given to the joint family returned to her and her husband as their "conjugal fund." Schlegel and Eloul expanded on Goody's model through further statistical analysis of the Ethnographic atlas. They argue that a major factor in determining the type of marriage transaction

5368-632: The prohibition of bigamy applies. The practice of "only-doweried" is close to pre-nuptial contracts excluding the spouse from property, though children are usually not affected by prenuptials, whereas they certainly were by morganatical marriage. Morganatic marriage contained an agreement that the wife and the children born of the marriage will not receive anything further than what was agreed in pre-nuptials, and in some cases may have been zero, or something nominal. Separate nobility titles were given to morganatic wives of dynasts of reigning houses, but it sometimes included no true property. This sort of dower

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5456-474: The property of her next marriage, been given to an ecclesiastical institution, or been inherited by her children from other relationships than that from which she received it. In English legal history, there were originally five kinds of dower: Dower is thought to have been suggested by the bride price which Tacitus found to be usual among the Germans . This bride price he terms dos , but contrasts it with

5544-425: The property within the nuclear family. Close family are the preferred marriage partners so as to keep property within the group. There is a scholarly debate on Goody's theory. Sylvia Yanagisko argues, for example, that there are a number of societies including parts of Japan, Southern Italy, and China, that do not support Goody's claim that dowry is a form of female inheritance of male property. She notes that Goody's

5632-437: The property; however this right could also be barred by a fictitious court proceeding known as levying a fine. The widow of a copyholder was usually provided for by the custom of the manor with freebench , an equivalent right to dower, but often (but not necessarily) a half, rather than a third. Under Scots law , the part of the estate that cannot be denied to a surviving wife is referred to as jus relictae . As of 1913,

5720-458: The root of paraphernalia ) and is referred to as paraphernal property or extra-dotal property . A dowry may also have served as a form of protection for the wife against the possibility of ill treatment by her husband and his family, providing an incentive for the husband not to harm his wife. This would apply in cultures where a dowry was expected to be returned to the bride's family if she died soon after marrying. In contemporary Greece, dowry

5808-473: The same faith and becoming converted after marriage, should purchase, if she herself remained unconverted. Some high-born persons have been prone to marry an ineligible spouse. Particularly in European countries where the equal birth of spouses ( Ebenbürtigkeit ) was an important condition to marriages of dynasts of reigning houses and high nobility, the old matrimonial and contractual law provision of dowering

5896-562: The term may be used for a life interest in property settled by a husband on his wife at any time, not just at the wedding. The verb to dower is sometimes used . In popular usage, the term dower may be confused with: Being for the widow and being accorded by law, dower differs essentially from a conventional marriage portion such as the English dowry (cf. Roman dos , Byzantine proíx , Italian dote , French dot , Dutch bruidsschat , German Mitgift ). The bride received

5984-572: The testamentary dowering, are understood as dowers if specifically intended for the maintenance of the widow. Dower was a property arrangement for marriage first used in early medieval German cultures, and the Catholic Church drove its adoption into other countries, in order to improve the wife's security by this additional benefit. The practice of dower was prevalent in those parts of Europe influenced by Germanic Scandinavian culture, such as Sweden, Germany, Normandy and successor states of

6072-659: The time of marriage, and which remains under her ownership and control. Traditionalist dowry is an ancient custom that is mentioned in some of the earliest writings, and its existence may well predate records of it. Dowries continue to be expected and demanded as a condition to accept a marriage proposal in some parts of the world, mainly in parts of Asia . The custom of dowry is most common in strongly patrilineal cultures that expect women to reside with or near their husband's family ( patrilocality ). Dowries have long histories in Europe , South Asia , Africa , and other parts of

6160-426: The usual practice was to give a bride price ( hédnon ( ἕδνον )). Dowries ( pherné ( φερνή )) were exchanged by the later classical period (5th century B.C). A husband had certain property rights in his wife's dowry. In addition, the wife might bring to the marriage property of her own, which was not included in the dowry and which was, as a result, hers alone. This property was "beyond the dowry" (Greek parapherna ,

6248-533: The victor in wrestling or boxing or running or someone who excels in any other manly exercise. Arrian, Indika in Megasthenes and Arrian, 3rd century BC The two sources suggest dowry was absent, or infrequent enough to be noticed by Arrian. About 1200 years after Arrian's visit, another eyewitness scholar visited India named Abū Rayḥān al-Bīrūnī , also known as Al-Biruni, or Alberonius in Latin. Al-Biruni

6336-479: The woman initiates the divorce (in the procedure called khula ), the circumstances of the breakup become relevant. If the divorce is sought for cause (such as abuse, illness, impotence, or infidelity), the woman is generally considered to have the right to keep the mahr; however, if the divorce is not sought for a generally accepted cause, the husband may request its return. According to the Kitáb-i-Aqdas ,

6424-444: The work is done by women. These are the societies that give brideprice . Boserup further associates shifting horticulture with the practice of polygamy , and hence bridewealth is paid as a compensation to her family for the loss of her labour. In plough agriculture farming is largely men's work; this is where dowry is given. In contrast, plough agriculture is associated with private property and marriage tends to be monogamous, to keep

6512-487: The world. A dowry is the transfer of parental property to a daughter at her marriage (i.e. "inter vivos") rather than at the owner's death ( mortis causa ). (This is a completely different definition of dowry to that given at the top of the article, which demonstrates how the term ‘dowry’ causes confusion.) A dowry (or dower ) establishes a type of conjugal fund, the nature of which may vary widely. This fund may provide an element of financial security in widowhood or against

6600-439: Was a form of inheritance to daughters. In traditional China, the property owned by a family, if any, was earmarked for equal division or inheritance by sons only. Dowry was the only way assets were transferred to a daughter. It included immovable property such as land, and movable property like jewelry and fine clothing. The dowry she brought with her was typically sequestered from the property of her husband and other male members in

6688-466: Was an Islamic era Persian scholar who went and lived in India for 16 years from 1017 CE. He translated many Indian texts into Arabic, as well as wrote a memoir on Indian culture and life he observed. Al-Biruni claimed, The implements of the wedding rejoicings are brought forward. No gift (dower or dowry) is settled between them. The man gives only a present to the wife, as he thinks fit, and a marriage gift in advance, which he has no right to claim back, but

6776-486: Was considered reprehensible and forbidden by Manu and other ancient Indian scribes. Lochtefeld suggests that religious duties listed by Manu and others, such as 'the bride be richly adorned to celebrate marriage' were ceremonial dress and jewelry along with gifts that were her property, not property demanded by or meant for the groom; Lochtefeld further notes that bridal adornment is not currently considered as dowry in most people's mind. The above analysis by various scholars

6864-400: Was far from the original purpose of the bride receiving a settled property from the bridegroom's clan, in order to ensure her livelihood in widowhood. The practice of morganatic marriage was most common in historical German states , where equality of birth between the spouses was considered an important principle among the reigning houses and high nobility. Morganatic marriage has not been and

6952-515: Was never " received " into Louisianan law , its civil code being based mainly on French law. In Arkansas , Kentucky , Ohio and the Territory of Palmyra Island , a widow's dower remains a valid estate in land —modified and augmented in Arkansas and Kentucky with other protections for surviving spouses like elective share and community property . During the pre- Reformation period,

7040-425: Was often part of an arrangement by which she gave up her property to her husband in exchange for her jointure, which would accordingly be greater than a third. Strictly dower was only available from land that her husband owned, but a life tenant under a settlement was often given power to appoint a jointure for his wife. The wife would retain her right to dower (if not barred by a settlement) even if her husband sold

7128-417: Was one third of the lands seised in fee by the husband during the marriage. However, in the early modern period, it was common for a wife to bar her right to dower in advance under a marriage settlement, under which she agreed to take instead a jointure , that is a particular interest in her husband's property, either a particular share, or a life interest in a particular part of the land, or an annuity. This

7216-455: Was paid even in brahma- and daiva-types of marriage associated with the Brahmanic (priestly) upper caste. Dowry was not infrequent, when the girl suffered from some bodily defect. Property rights for women increased in ancient India, suggest MacDonell and Keith, over the Epics era (200 BC – 700 AD). Kane claims ancient literature suggests bridewealth was paid only in the asura-type of marriage that

7304-401: Was removed from family law through legal reforms in 1983. The Romans practiced dowry ( dos ). The dowry was property transferred by the bride, or on her behalf by anyone else, to the groom or groom's father, at their marriage. Dowry was a very common institution in Roman times, and it began out of a desire to get the bride's family to contribute a share of the costs involved in setting up

7392-405: Was restricted to the lower castes, who were not allowed to give dowry. He cites two studies from the early 20th century with data to suggest that this pattern of dowry in upper castes and bridewealth in lower castes persisted through the first half of the 20th century. However, it is more likely that marriages involved both reciprocal gifts between the two families, claims Tambiah, so that insofar as

7480-479: Was said to be with life and liberty one of three things which "the law favoreth". In England in the late 18th century, it became common for men to hold land with a trust that prevented their wives' acquiring dower. Accordingly, the English statute, the Fines and Recoveries Act 1833 was passed to impair the inviolability of dower by empowering husbands to cut off by deed or will their wives from dower. Wives married before

7568-443: Was sometimes called wreath money , or the breach of promise . Providing dowries for poor women was regarded as a form of charity by wealthier parishioners. The custom of Christmas stockings springs from a legend of St Nicholas , in which he threw gold in the stockings of three poor sisters, thus providing for their dowries. St. Elizabeth of Portugal and St. Martin de Porres were particularly noted for providing such dowries, and

7656-450: Was taken into a new use by institutionalizing the morganatic marriage . Marriage being morganatical prevents the passage of the husband's titles and privileges to the wife and any children born of the marriage. Morganatic , from the Latin phrase matrimonium ad morganaticam , refers to the dower (Latin: morganaticum , German: Morgengabe , Swedish: morgongåva ). When a marriage contract

7744-408: Was to regulate the amount of the dower where this was not the subject of voluntary arrangement, dower by English law consisting of a wife's life estate in one-third of the lands of the husband "of which any issue which she might have had might by possibility have been heir". There is judicial authority of the year 1310 for the proposition that dower was favoured by law, and at a less remote period it

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