Traditional Culture Encyclopedia - Traditional festivals - "Can pass, can not pass away from ", Song Dynasty women divorced and remarried, why so have the courage?
"Can pass, can not pass away from ", Song Dynasty women divorced and remarried, why so have the courage?
When it comes to the marriage of women in the Song Dynasty, many people because of the reason of Cheng Zhu rationale, will naturally think: in the rationale of the "yoke", the Song Dynasty women not only have no freedom of marriage, in the marital relationship must be from the end of the divorce remarriage is not possible. In fact, this is not the case, not only can women in the Song Dynasty divorce, and Song Dynasty women remarriage is also very prevalent. Even in the Song dynasty from the legal provisions to the social ideology, and then to the actual life, women remarriage is not something new, because the Song dynasty women divorced and remarried is not only permitted by the law, but also accepted by people from all walks of life.
The formation of the legal system of divorce and remarriage in the Song Dynasty is closely related to the social background of the Song Dynasty. Since the Chinese society entered the patriarchal society, the idea of "valuing men over women" is very serious, resulting in the status of women has been very low, women are required to "three from four virtues", "kept in the bosom", "husband as the program". However, more than 1,000 years ago, during the Song Dynasty, women could put down their aprons and go out of their courtyards, and they could even be employed in cities, and after the middle of the Song Dynasty, the phenomenon of "emphasizing women over men", which was rare in Chinese history, was formed. For example, Yanggu Manlu recorded the situation in Kaifeng, the capital of the Northern Song Dynasty: "The middle and lower households did not give birth to men, but loved and cared for their daughters as if they were pearls", which means that the middle class of the Song Dynasty regarded their daughters as pearls when they gave birth to them. For example, Chen Yu's "Zangyi yu" also records that in Hangzhou, the capital of the Southern Song Dynasty, "the custom is still extravagant, the fine people have women, and the birth of a man will not be lifted". Said the Southern Song Dynasty customs changed, if the birth of a daughter is very happy, the birth of a son are not willing to hold.
In addition, the Song government also encouraged childbirth and strictly prohibited infanticide. In addition, the Song government set up the "child policy", mainly used to help mothers, the establishment of government-run welfare institutions to adopt abandoned babies, such measures greatly protect the rights of women, but also to reduce the "patriarchal" idea. Even the Song Dynasty also supported women's studies, which was a breath of fresh air in the feudal society of China, where "a woman's lack of talent is a virtue", and women were no longer just a tool for household chores, but could also receive a good education like men, and women's studies became a social culture at that time. For example, Sima Guang once said: "However, as a person, can not be unlearned, is there a difference between men and women?" Said men and women are human beings, have the right to receive education, so the Song Dynasty will appear a lot of female lyricists, of which the famous Li Qingzhao is the best example. On such a social basis, the power and status of women in the Song Dynasty were greatly enhanced, and that is why the legal system of the Song Dynasty had many systems to safeguard women's power in the formulation of marriage-related laws and regulations, and the mainstream thinking of the Song Dynasty also took a new look at the concept of chastity of women in marital relations, so that women in the Song Dynasty were allowed to divorce and remarriage was prevalent, and that's why women in the Song Dynasty divorced and remarried in the Song Dynasty had such a strong sense of honor.
The Song Dynasty was a time of great change for women.
1, the development of the Song Dynasty commodity economy, the formation of the idea of profit over righteousness, the impact on the concept of chastity of women in the marriage relationship
First of all, the development of the Song Dynasty commodity economy, the formation of the idea of profit over righteousness, the impact on the concept of chastity of women in the marriage relationship. Because, the concept of chastity is the bondage of women under the feudal rites, which requires women to be faithful in their life. Therefore, the essence of the issue of female chastity in ancient Chinese society was the essence of the issue of remarriage of women in ancient China, and it was also the extension of the sexual morality under the Chinese feudal society, which ran through the whole of the Chinese feudal society. For example, successive rulers did not care about the age of a widowed woman or whether she could survive under widowhood; as long as a woman kept an empty door for her deceased husband and never remarried again, she was regarded as a "chaste woman" and praised, and chastity of women was regarded as a good moral quality. It is clear that the requirement of chastity is a reflection of the inequality of gender relations in feudal society.
However, the rapid development of the commodity economy in the Song Dynasty, the formation of "righteousness and profit", "profit over righteousness" thinking, not only on the traditional Chinese "profit over righteousness" thought impact, but also on the wedding relationship between women's chastity has a huge impact. The development of the commodity economy made the wealth of the common people in the Song Dynasty also had a considerable accumulation, because the possession of wealth represents the possession of a certain degree of personal freedom, the people's desire for wealth and the social thought of emphasizing profit over righteousness also extended to the field of marriage. One of the manifestations of the influence of the idea of emphasizing profit over justice on the concept of female chastity in the Song Dynasty was that the Song people had a new way of thinking about and understanding the concept of female chastity. Whether it was the pardons of the Song emperors, the edicts of the eunuchs and princes, or even the poems and essays of the literati, they all embodied the viewpoints that widows did not have to be alone in keeping their doors shut and that women should be allowed to get divorced. For example, in Wang Anshi's "Grange of Hair", he wrote: "Widows are honored by building platforms, and they are given corn as much as public ministers. I have never tolerated this, and I would like to see the well leveled." Wang Anshi wrote that he could not bear to see widows keeping empty doors. For example, in the Song Dynasty, the legal provisions of the Song Penal System also began to appear to allow couples to divorce: "Couples who do not harmonize with each other and divorce, will not be seated." It is very clear that couples who are not in harmony with each other can be separated from each other.
Because, in the Song Dynasty, the idea of "profit over righteousness", the Song courtiers thought that women to keep the festival, bitter husband for life is useless, no practical value, only to bind people's minds. Therefore, in the view of the Song people, women divorced, remarried in order to ensure their own happiness or fill their stomachs, far more important than to keep the festival, the so-called "muscle intestines thundering helpless, although the rituals and laws are not enough to rely on." This change of opinion is not only a criticism of feudalism, but also a renewal of the traditional concept of chastity, which reflects the spirit of truthfulness under the development of commodity economy in the Song Dynasty. The first is that the first time a person is arrested, the second is that he or she is not allowed to be arrested, and the third is that he or she is not allowed to be arrested, and the third is that he or she is not allowed to be arrested.
2, the change of the concept of chastity in the Song Dynasty, on the Song Dynasty women's divorce and remarriage prevalence
Secondly, the change of the concept of chastity in the Song Dynasty, on the Song Dynasty women's divorce and remarriage prevalence has a huge impact. The Song Dynasty's national policy is to "emphasize literature and light military" "to civilian control of military", making the Song Dynasty scholar-class high status, the above has been briefly mentioned the change of the concept of chastity in the Song Dynasty, and their concept of chastity after the change, not only for the Song Dynasty women divorced and remarried to create public opinion to support, but also in the action of support for women to divorce and remarriage. Even, there are Song dynasty scholar-daddies who financed the remarriage of Song dynasty women, or begged and fought to marry divorced and remarried women. It is clear that the supportive attitude and action of the Song Dynasty scholarly officials to the Song Dynasty women's divorce and remarriage also shows that the Song Dynasty rituals are not very strict on the bondage of women.
First, the Song emperors showed understanding and support for women's divorce and remarriage. For example, Emperor Taizu of the Song Dynasty encouraged Le, the wife of the left guard general Wang Chengyan, to remarry, and also persuaded the people's daughters to remarry. For example, there were also many princesses of the Song Dynasty who remarried. The Grand Princess of Qin, the sister of Emperor Taizu of Song, was originally married to Mi Fude, and later remarried to Gao Huaide. Even the empresses of the Song Dynasty had many remarried women. For example, Empress Liu of Emperor Zhenzong of the Song Dynasty was originally the wife of the merchant Gong Mei before she became the empress of the Song Dynasty; for example, Empress Cao of Emperor Renzong of the Song Dynasty was originally married to Li Huaguang before she was married to Emperor Renzong of the Song Dynasty as the empress. It is clear that the rulers of the Song dynasty themselves no longer despised the phenomenon of women remarrying after divorce, proving that the concept of chastity in the Song dynasty had changed from the beginning of the Song rulers, and the concept of the Song rulers naturally advocated the role of the Song dynasty society.
Second, in the Song Dynasty, honorable elders also mostly supported women to divorce or remarry. For example, when Pao Zheng's daughter-in-law was widowed, her parents advised her to remarry: "If you lose your husband and keep your son, who will keep your son when he is lost?" For example, the divorce of Lu You and Tang Wan was successful because of the strong support of Lu You's mother, although it led to the love tragedy of Lu You and Tang Wan, and it is also the evidence of the Song Dynasty's honorable elders' support for women's divorce. Among other things, parents supported widowed women to remarry because they were worried about their children's life, after all, women's keeping the festival could not change the problem of loneliness and poverty. And parents support women's divorce is the ritual tradition, parents of the daughter of the marriage of the extension of the intervention, see the Song people chastity concept of change.
Third, the Song women will not be divorced, remarried and contemptuous. This is also the most obvious manifestation of the weak concept of chastity in the Song Dynasty, women, as divorce and remarriage experience, will not be divorced and remarried to show a taboo attitude. For example, the two marriages of the famous female lyricist Li Qingzhao are very good examples. Her two marriages included three marital phenomena: arranged marriage, remarriage after the death of her husband, and litigation for divorce against her husband. After her first husband, Zhao Mingcheng, passed away, Li Qingzhao remarried him because of Zhang Ruzhou's ardent pursuit of him, and after her marriage she found out that he was a "gold and jade outside, but not in the center". powerful horsewoman under the material," the bold words, at the risk of imprisonment to prosecute Zhang Ruzhou and his divorce, because, "Song Penal System" has provisions: "Wife accused of crime, although the truth, two years in prison. Evidently, in the Song Dynasty on the understanding of the festival and divorce has undergone qualitative changes, Song women are not ashamed of their own divorce, remarriage, showing the Song women open-minded temperament, which is the fundamental reason why the Song women divorced and remarried so much courage.
In summary, it can be seen that the development of the commodity economy in the Song Dynasty, the formation of the idea of the importance of profit over righteousness, resulting in the Song Dynasty, the concept of chastity of the various strata of the change, the attitude of women's divorce and remarriage has also changed dramatically. The Song Dynasty scholarly officials, not only created public opinion support for the Song Dynasty women's divorce and remarriage, but also supported women's divorce and remarriage in action. Song Dynasty women would not be self-disparaging due to divorce and remarriage, and proved that the status of women in the Song Dynasty was greatly improved under the commodity economy.
Because, the development of commodity economy in the Song Dynasty, the formation of the idea of emphasizing profit over righteousness, the impact on the concept of chastity of women in the marriage relationship, the concept of chastity in the Song Dynasty from the top to the bottom of the great change, even the emperor expressed support, but also personally put into action. Therefore, in the Song dynasty laws that reflect the consciousness of the ruling class, there are many legal provisions that favor women to divorce and remarry.
1, the provisions of the Song dynasty law on the divorce and remarriage of the daughter of the clan
First of all, the Song dynasty for the divorce and remarriage of the daughter of the clan has a special legal provisions. On the provisions of the female divorce remarriage, the Song Dynasty law has developed, in the early years of the Northern Song Dynasty, the provisions of the female widowed even if there is no son is not allowed to remarry, to the period of the Song Emperor Yingzong, RuNanXianWangZhaoYun petitioned to the clan female no son can not remarry is "non-human transmission" of the provisions of the request for an order to abolish. After that, the Song Dynasty on women remarriage law changed again: "clan female remarriage, ancestor, father has two generations of the temple straight if the young county officials have been, that is allowed to be married." The meaning is that the clan's daughter remarriage is the case, if her grandfather and father two generations have served as a county official above the temple straight officials, only be allowed to remarry. It can be seen that, although there are still many restrictions on women's remarriage at the beginning of the Song Dynasty, the ban on remarriage was opened.
By the time of Emperor Shenzong of the Song Dynasty, the conditions for remarriage of the daughter of the royal family were lowered again. Emperor Shenzong of the Song Dynasty decreed: "The daughter of the clan shall not be married to a person who has tasted marriage, and the person who is suitable for remarriage shall not be subject to this law." It said that daughters of the clan were not allowed to marry those who remarried, but the remarried daughters of the clan were exempted from this law. In addition, Emperor Shenzong of the Song Dynasty also issued a law to encourage officials to marry remarried women: "If a daughter of a clan member is divorced from her husband and remarries, and if her husband already has an official position, she will be transferred to another official position." This means that the official who marries a daughter of the clan will be promoted to a higher rank on top of his existing official position. From the above, it can be seen that after the middle of the Song Dynasty, the clan women began to have the right to remarry, the law on women remarriage conditions are gradually relaxed.
The law on divorce for women in the Song dynasty was divided into two types: divorce by mutual consent and divorce by prosecution. For example, the "Song Penal System" has a provision: "husband and wife do not live in peace and harmony and divorce, do not sit." It says that in the case where the husband and wife are divorced in peace because they are not at peace with each other, the woman can be spared from jail. Because, the Song Penal System of the Song Dynasty has a provision: "If a wife sues her husband for a crime, even though she gets the truth, she will be imprisoned for two years." Said women sued their husbands guilty, even if the husband's crime is found to be true women also have to go to jail for two years, mentioned above, Li Qingzhao sued Zhang Ruzhou after the success of a period of time in jail, although after other people's rescue is not as long as two years, but also because of the prosecution of the divorce in jail, but this is also proved that the Song Dynasty compared to the previous generation to give the right to sue for divorce of the women's right to free choice, is already considered to be a big step forward. In addition, the Song Dynasty, "the Song Penal System" for women's divorce there are other provisions: "betrothal without reason for three years without marriage", "the husband is out for a long time do not return", "the husband for the crime of moving to the countryside," "the husband will be the wife of the hired sold to other people" and so on a variety of circumstances, women can also be filed for divorce, it can be seen that, although there are certain limitations, but the law of the Song Dynasty is still to give the protection of women's marital life.
2, the Song dynasty law on the divorce of the commoner's daughter remarried
Secondly, the Song dynasty for the divorce of the commoner's daughter remarried also has a special legal provisions. From the above, we can see that the Song dynasty on the clan's daughter remarried and divorced the provisions of the gradual relaxation, then the law of the civilian daughter remarried restrictions are more broad, as often said, "the punishment is not the doctor, the rituals are not common people," the rituals and laws of the people's boundaries relative to the requirements of the nobility officials more lax. It directly stipulates that if a man does not return home after the deadline, his wife is allowed to remarry directly. Even for the male cheating marriage made provisions: "redundant son-in-law, the death of Lai entrusted wife to go, set a deadline, the expiration date is not returned, allowed to marry more." Said the son-in-law and the scoundrel to marry his wife, if there is the phenomenon of cheating, once found overdue, women can be directly remarried, but also on the fraudulent marriage of the person to be punished.
Secondly, "If the husband goes out and does not return home, the wife is allowed to remarry." The second is that if the husband does not return home, the wife can remarry. In the Southern Song Dynasty, even though the Cheng-Zhu school of reasoning was already flourishing, there was still the saying that "if the husband goes out for three years and doesn't return home, the wife can be remarried". Said the husband went out for three years and did not return home, the wife can also be directly remarried. It is worth noting that such a statute, is through the survival of the marriage relationship of the effective number of years, to protect the right of women to remarry, once the time limit is exceeded, the husband and wife are considered to be automatically dissolved from the legal level, to restore the legal level of the woman's free body.
Third, the Song law shortened the length of time for women to remarry after the death of their husbands. The Song dynasty law originally stipulated that: "the death of the husband six years remarriage", to the Song Zhezong changed to: "women living in the parents of the funeral and the husband's funeral and poor and can not survive, and stop a hundred days outside the marriage." Directly from the original six-year period shortened to one hundred days, and also added the case of women can not support themselves, which is the performance of the humanization of the law in the Song Dynasty, but also the performance of the rise of the status of women in the Song Dynasty.
Fourth, the Song dynasty on the Chuanxia region of women remarriage has special provisions. Song Ningzong when the provisions of: "Where the client died, his wife remarried, but also listen to their own convenience." It was clearly stated that if one's husband died suddenly, the wife could remarry whenever she wanted. At that time, the Chuanxia region was dominated by the manor serfdom, socio-economic backwardness, women's dependence on men is stronger, but the law of the Song Dynasty took into account the status of women in this region in the marriage relationship, which shows the care of women in the Song Dynasty and the rise of women's status.
Fifth, the law of the Song Dynasty stipulated that the wife could divorce her husband if he moved to the countryside. The "Ming Gong Shuji Qingmingji" recorded: "has been married and moved to the countryside, his wife is willing to leave, listen to." The meaning of "transferring to the township to organize and manage" is that the officials who do not stab the face after committing a crime, but only the exiled criminals are called "organizing and managing", that is to say, when their husbands are exiled after committing a felony, their wives can directly divorce him. This legal provision is the first of its kind in the Song Dynasty, and there is no relevant record of the previous generation, which shows that the Song Dynasty law on the defense of women's rights.
Sixth, the Song law provides that if a husband hires and sells his wife, the wife can divorce him. This is reflected in many of the legal provisions: for example, the "Song Penal System - household marriage law" stipulates: "If he sold his wife as a servant girl of the original situation that is and divorced, the husband married, in accordance with the law of the two away, the sale of the cheap, more in line with this article." This means that if the wife is sold to another person during the marriage, the wife can divorce her husband directly, and if the wife is turned into a slave girl, she is more in line with this article. For example, the Qingming ji of the Minggong shuji further regulates the act of hiring and selling one's wife: "In the law, the person who hires a wife to be with another person is the same as the law of peace and divorce." It directly stipulates that if a husband sells his wife, it is tantamount to directly divorcing her, and the wife can directly sue her husband for divorce. It is clear that the Song dynasty law through such a form, in the feudal marriage to ensure that women in the marriage relationship in the independent personality, the negation of the male for women's personal control, to give women in the face of the failure of the marriage of the right to self-help, but also in the Song dynasty, women's status is rising performance.
Seventh, when a wife is humiliated in marriage, she can divorce her husband directly. The humiliation here mainly refers to the wife in the marriage of chastity rights are violated, that is to say, in the marriage of sexual assault, is now called "marital rape" and "forced wife prostitution". For example, the "Qingyuan law class" stipulates that: "the wife was raped by her husband's cohabiting relatives, although it did not come to fruition, and its willingness to leave the person also listen." This means that once a wife has been violated by her husband's male relative within the marriage, even if it is an attempt, the wife can simply divorce her husband. For example, the "Qingyuan law class" also stipulates: "all order wife and children and grandchildren of women if the woman to make for prostitution, and matchmaking and good people, although not accomplished, and away from the (although not matchmaking, and know and accept the money, the same), the woman to make from then." It is stipulated that if a husband receives money from others and forces his wife to sell herself, the government will directly agree to the wife's request for divorce.
And this legal provision of the Song Dynasty, intended to maintain the exclusive rights of women in marriage. It is also the Song Dynasty women's status and social opinion for women's female chastity tolerance, the Song Dynasty married women will be violated in the marriage dare to claim justice for themselves, the initiative to divorce, greatly reflects the Song Dynasty law on women's personality and personal rights of respect. This is also because with the social and economic progress of the Song Dynasty, women played an increasingly important role in the creation of social wealth, and the contributions and achievements of women in the handicraft industry laid the foundation for them to claim their rights, so the women's group was also given more rights and freedom in the choice of marriage.
To sum up, in the Song Dynasty, the status of women has been improved in the context of the Song Dynasty, the law in the Song Dynasty in the formulation of marriage-related regulations appeared a lot of women's rights of the system, the mainstream thinking of the Song Dynasty society also made a new examination of the concept of chastity of the women in the marital relationship, so the Song Dynasty, women divorced and remarried to have so much courage. On the one hand, the prevalence of divorce and remarriage of women in the Song Dynasty has the reason of social concepts: first, the development of commodity economy in the Song Dynasty, the formation of the idea of emphasizing profit over righteousness, which has an impact on the concept of chastity of women in marital relations; second, the change of the concept of chastity of the Song Dynasty scholars, which has a great impact on the prevalence of divorce and remarriage of women in the Song Dynasty.
On the other hand, the prevalence of women's divorce and remarriage in the Song Dynasty is due to the legal provisions: first, the Song law has provisions for the divorce of the daughter of the royal family; second, the Song law has provisions for the divorce of the daughter of the common people. It is clear that the divorce and remarriage of women in the Song Dynasty was a very common and widespread social imagination, and it involved women of all classes in the Song Dynasty, so the women's group was also given more rights and freedom in the choice of marriage.
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