Ultimately reason and logic tend to triumph and eliminate th

In American Archaeology and Ethnology

Vol. 15, No. 1, pp. 1-186, plates 1-33

February 15, 1919

IFUGAO LAW

By R. F. BARTON

"We are likely to think of the savage as a freakish creature,

all moods--at one moment a friend, at the next moment a fiend. So

he might be were it not for the social drill imposed by his

customs. So he is, if you destroy his customs, and expect him

nevertheless to behave as an educated and reasonable being. Given,

then, a primitive society in a healthy and uncontaminated

condition, its members will invariably be found to be on the

average more law-abiding, as judged from the stand-point of their

own law, than is the case in any civilized state.

"Of course, if we have to do with a primitive society on the

down-grade--and very few that have been 'civilizaded,' as John

Stuart Mill terms it, at the hands of the white man are not on

the down-grade--its disorganized and debased custom no longer

serves a vital function. But a healthy society is bound, in a

wholesale way, to have a healthy custom."

R. R. Marrett, in Anthropology.

CONTENTS

Introduction

Page

The Ifugaos

Sources of Ifugao law and its present status of development

1. Relation of taboo to law

2. Scope of customary law

3. Connection of law and religion

4. General principles of the Ifugao legal system

5. Stage of development of Ifugao law

The Family Law

Marriage

6. Polygamy

7. Nature of marriage

8. Eligibility to marriage

9. The two ways in which marriage may be brought about

10. Contract marriage

11. Marriage ceremonials

12. Gifts to the kin of the bride: hakba

13. Obligations incurred by those who enter into a marriage

contract

14. The binawit relation

15. Property rights acquired by marriage

Remarriage of the widowed

16. The gibu payment to terminate marriage

Divorce

17. Divorce because of necessity

18. Divorce for mutual benefit

19. Divorce which may be demanded by either party

20. Cases where divorce may be demanded by one party or the other

21. The hudhud, or payment for mental anguish

22. Divorce ceremonies

23. Property settlements in case of divorce

Dependents in relation to family law

24. Adopted children

25. Servants

26. Slaves

Illegitimate children

27. Definition of illegitimacy; its frequency

28. Obligations of father to bastard child

29. Determination of parentage

Reciprocal obligation of parents and their children

30. Duties of parents to children

31. Obligations of children to parents

The Property Law

The kinds of property

32. The Ifugao's classification of properties

Family property

33. The Ifugao attitude toward family property

34. Rice lands

35. Forest lands

36. Heirlooms

37. Sale of family property

Personal property

38. Definition

39. Houses

40. Valuable trees

Perpetual tenure

41. Rice and forest lands

42. "Homesteading"

43. Paghok, or landmarks

44. Right of way through property owned by others

Transient tenure

45. Tenure of sweet potato fields

Transfers of property for a consideration

46. The balal

47. Sales of family property

48. Responsibility of seller after property has left his hands

Transfers of property arising from family relationships

49. Methods of transfer

50. Assignment and transfer of property during the lifetime of

the owner

51. Inheritance

52. The passing of property between relatives because of

relationship

53. The law of primogeniture

54. The passing of property to legitimate sons and daughters

by assignment or inheritance

55. The passing of property to other relatives

56. Property rights of bastards

57. Transfers of property to adopted children

58. Servants and slaves as inheritors

59. Wills and testaments

Settlements of debts of the aged and deceased

60. When the debtor has children

61. When the debtor is childless but leaves a spouse

62. Debts for which the kin of the deceased are held

63. Attitude toward debts

Borrowing and lending

64. Lupe, or interest

65. Patang, or interest paid in advance

66. Another form of patang

Go-betweens

67. The go-between

68. Responsibility of go-betweens

69. Conditions relieving a go-between of responsibility

70. Payment due those who find the body of one dead by violence

Contracts for the sale of property

71. On whom binding

Irrigation law

72. The law as to new fields

73. The law as to water

74. The law as to irrigation ditches

Penal Law

Penalties

75. Nature and reckoning of fines

Circumstances which affect penalty

76. Moral turpitude not a factor

Penal responsibility

77. The nungolat, or principal

78. The tombok, or "thrower"

79. Iba'n di nungolat, "the companions of the one who was strong"

80. The montudol, "shower," or informer

81. Servants who commit crimes at the bidding of their masters

82. Likelihood to punishment

83. Drunkenness and insanity in relation to criminal responsibility

84. The relation of intent to criminal responsibility

Other factors affecting liability

85. Alienship

86. Confession

87. Kinship

88. Rank and standing in the community

89. Importance of influential position and personality

89a. Cripples and unfortunates

The principal crimes and their frequency

90. List of offenses

Sorcery

91. The ayah or soul-stealing

92. Other forms of sorcery

93. Punishment of sorcery

Adultery

94. Forms of adultery

95. Punishment of adultery

96. Sex in relation to punishment for adultery

The taking of life

97. General considerations

98. Executions justifiable by Ifugao law

99. Feuds

100. War

101. Head-taking

102. Hibul, or homicide

103. Attempts to murder

104. Wounding

105. Special liability of the givers of certain feasts

106. The labod, fine assessed for homicide

107. Accidental killing of animals

108. Malicious killing of animals

Putting another in the position of an accomplice

109. The tokom, or fine for compromising another

Theft

110. Of theft in general

111. Theft of rice from a granary

112. Theft of unharvested rice

113. Illegal confiscation

Arson

114. Fines assessed for goba or arson

Kidnapping

115. Circumstances under which kidnapping may occur

Incest

116. Rarity of such offenses

Rape

117. Both parties being unmarried

118. Rape of a married woman by an unmarried man

119. Rape of a married woman by a married man

Ma-hailyu, or minor offenses

120. False accusation

121. Baag or slander

122. Threats of violence

123. Insult

Procedure

The family in relation to procedure

124. Family unity and coöperation

The monkalun or go-between

125. Nature of his duties

Testimony

126. Litigants do not confront each other

Ordeals

127. Cases in which employed

128. The hot water ordeal

129. The hot-bolo ordeal

130. Alao, or duel

131. Trial by bultong or wrestling

132. The umpire and the decision

Execution of justice

133. Retaliation

134. Seizure of chattels

135. Seizure of rice fields

136. Enforced hospitality

137. Kidnapping or seizure of persons

138. Cases illustrating seizure and kidnapping

The paowa or truce

139. The usual sense of the term "paowa"

140. Another sense of the term "paowa"

Termination of controversies: peace-making

141. The hidit or religious aspects of peace-making

An inter-village law

142. Neutrality

Appendices

I. Ifugao reckoning of relationship

II. Connection of religion with procedure

III. Parricide

IV. Concubinage among the Kalingas

Glossary 122

Explanation of plates 130

PREFACE

There is no law so strong as custom. How much more universal, willing,

and spontaneous is obedience to the customary law that a necktie shall

be worn with a stiff collar than is obedience to the ordained law

against expectoration on sidewalks; notwithstanding that the latter has

more basis in consideration of the public weal and even in aesthetics.

This little paper shows how a people having no vestige of constituted

authority or government, and therefore living in literal anarchy,

dwell in comparative peace and security of life and property. This

is owing to the fact of their homogeneity and to the fact that their

law is based entirely on custom and taboo.

The Ifugaos are a tribe of barbarian head-hunters. Nevertheless, after

living among them for a period of eight years, I am fully satisfied

that never, even before our government was established over them,

was the loss of life from violence of all descriptions nearly so

great among them as it is among ourselves. I do not, however, wish

to be understood as advocating their state of society as ideal,

or as in any way affording more than a few suggestions possibly to

our own law-makers. Given dentists and physicians, however, I doubt

gravely if any society in existence could afford so much advantage

in the way of happiness and true freedom as does that of the Ifugaos.

But we must realize that probably neither security of the individual

life nor even happiness are the chief ends of existence. The progress

and evolution of our people are much more important in all probability,

and this seems to demand the sacrifice of ease and freedom and of

much happiness on the part of the individuals composing our society.

Acknowledgments are due first to my teacher and friend, Professor

Frederick Starr, for his encouragement and assistance, and, above all,

for his inculcation of respect for and tolerance toward customs other

than our own.

Captain Jeff D. Gallman, whose work among the Ifugaos stands to the

credit of our government of the Philippines second to that of no

other man in the archipelago, assisted me in many ways. He is a man

learned in the "lore of men,"

"Who ha' dealt with men

In the new and naked lands."

Dr. David P. Barrows, now Major Barrows, also rendered me indispensable

aid and encouragement. Dr. A. L. Kroeber of the chair of anthropology,

University of California, and his associates, Dr. T. T. Waterman and

Mr. E. W. Gifford, have read the manuscript and proofs and have made

valuable suggestions which are incorporated in the paper as finally

published. These gentlemen have been unstintedly generous in welcoming

a newcomer in the field in which they are so preëminent.

Dr. George W. Simonton has kindly assisted in preparing the manuscript

for the printer.

The photographs, with one exception, were taken by myself.

San Francisco, California, January 14, 1918.

INTRODUCTION

The Ifugaos

Philippine ethnologists generally agree to the hypothesis that the

Negritos, a race of little blacks, remnants of which now inhabit

mountain regions of many of the larger islands, were the original

inhabitants of the Philippine Archipelago. They advance the hypothesis

that these little blacks were driven by Malay immigrants from their

former homes in the fertile plains to the mountains; and that these

first Malay invaders were driven from the lowlands into the mountain

regions by succeeding immigrations of Malays superior to them in

organization and weapons. [1] By and by, no one cares to hazard how

long afterward, the Spaniards came. They christianized the lowlanders,

except the Mohammedan populations of Mindanao and Sulu. But at

the time of the American occupation the mountaineer descendants

of the first immigration, for the most part, had not received the

spiritual ministrations of Her Most Catholic Majesty's missionaries,

on account of the inaccessible character of their habitat. True,

garrisons and missions had been established in a few localities

among them; but owing to the scattered character of the population,

the independent spirit of the people, their natural conservatism,

and the lack of tact and consideration on the part of the Spanish

officials and missionaries, practically no progress had been made in

christianizing or civilizing them.

The great majority of the non-Mohammedan, non-Christian Malays

inhabit the island of Luzon. The Luzon non-Christian tribes and their

estimated numbers are: Apayaos, 16,000; Benguet Igorots, 25,000; Bontoc

Igorots, 50,000; Wild Gaddanes, 4000; Ifugaos, 120,000; Ilongots,

6000; Kalingas, 60,000; Tingianes, 30,000; Lepanto Igorots, 35,000;

total, nearly a quarter million. All these tribes inhabit the mountain

ranges of the northern third of the island.

The habitat of the Ifugaos is situated in about the center of the

area inhabited by the non-Christian tribes. In point of travel-time,

as we say in the Philippines, for one equipped with the usual amount

of baggage, Ifugao-land is about as far from Manila as New York from

Constantinople. To the northeast are the Wild Gaddan, to the north

the Bontoc Igorot, to the northwest, west, and southwest the Lepanto

and Benguet Igorots; to the east, across the wide uninhabited river

basin of the Cagayan, are the Ilongots. This geographic isolation has

tended to keep the Ifugao culture relatively pure and uninfluenced

by contact with the outside world. Two or three military posts were

fitfully maintained in Ifugao by the Spaniards during the last half

century of their sovereignty; but the lives of the natives were little

affected thereby.

Ifugao men wear clouts and Ifugao women loin cloths, or short skirts,

reaching from the waist to the knees. Wherever they go the men carry

spears. Both sexes ornament their persons with gold ornaments, beads,

agates, mother of pearl, brass ornaments, and so forth. Ifugao houses,

while small, are substantially built, of excellent materials, and

endure through many generations.

It may safely be said that the Ifugaos have constructed the most

extensive and the most admirable terraces for rice culture to be

found anywhere in the world. The Japanese terraces, which excite

the admiration of tens of thousands of tourists every year, are

not to be compared with them. On these steep mountains that rise

from sea-level to heights of six to eight thousand feet--mountains

as steep probably as any in the world--there have been carved out,

with wooden spades and wooden crowbars, terraces that run like the

crude but picturesque "stairsteps" of a race of giants, from the

bases almost to the summits. Some of these terrace walls are fifty

feet high. More than half are walled with stone. Water to flood these

terraces is retained by a little rim of earth at the outer margin. The

soil is turned in preparation for planting with a wooden spade. No

mountain is too steep to be terraced, if it affords an unfailing

supply of water for irrigation. The Ifugao, too, makes clearings on

his mountains in which he plants sweet potatoes, and numerous less

important vegetables. Without his knowing it, he bases his agriculture

on scientific principles (to an extent that astounds the white man)

and he tends his crops so skillfully and artistically that he probably

has no peer as a mountain husbandman.

Of political organization the Ifugao has nothing--not even a

suggestion. Notwithstanding, he has a well-developed system of

laws. This absolute lack of political government has brought it

about that the Ifugao is a consummate diplomat. After an eight years'

residence among them, I am convinced that the Ifugaos got along very

well in the days before a foreign government was established among

them. Through countless generations the Ifugao who has survived

and prospered has been the one who has carried his point, indeed,

but has carried it without involving himself in serious trouble with

his fellows.

The Ifugao's religion is a mixture of an exceedingly complex

polytheism, ancestor worship, and a mythology that is used as

an instrument of magic. His religion seems to be far more highly

developed than that of the other non-Christian tribes.

Attempts made by Spain to colonize the Ifugao in the lowlands

invariably met with failure. The Ifugao is a hillman, and loves his

hills. He is of an independent nature and cannot stand confinement. A

great many prisoners jailed by American officials have courted death

rather than endure incarceration.

While there are well defined tribal divisions that mark off the various

mountain-Malay populations of northern Luzon, the cultures of all

of the tribes are basically similar. Numerous parallelisms, too, are

found with the lowland Filipinos, even now, in features of daily life,

religion, taboo, law, and marital relation. The dialects of all the

tribes inhabiting the islands are branches of the great family of Malay

languages--languages spoken over more than half the circumference of

the globe. The linguistic differences that exist between the mountain

and the lowland tribes seem to be not much greater than the linguistic

differences between the various mountain tribes themselves.

Many things lead us to believe that the culture of the Ifugaos is

very old. We have to do with a people who possess both as individuals

and collectively a most remarkable memory. Ifugao rich men lend to

considerable numbers of clients and others every year during the

"hungry time"--to these, varying numbers of bundles of rice, to

this one a skein of yarn, to that one a pig, and to another again a

chicken. All these bargains and their amounts and their varying terms,

our wealthy Ifugao remembers, unaided by any system of writing or other

artificial means. Many Ifugaos know their ancestors back to the tenth

or even the fourteenth generation, and, in addition, the brothers

and sisters of these ancestors. If we consider the racial or tribal

memory of these people, we find a mythology fully as voluminous as

that of the Greeks. But the Ifugaos have no recollections of having

ever migrated. Unless they have lived for many centuries in their

present habitat, it seems certain that they would have retained at

least in mythical form the memory of their migration.

Another consideration that is significant lies in a comparison of the

rate of rice-field building in these peaceful times, when such work

is not hindered but instead vigorously stimulated by the government,

with the amount of such work accomplished by past generations. One

who stands on some jutting spur of the mountain-side in Asin, Sapao,

or Benaue can scarcely help being impressed with the feeling that he

is looking upon a work of tens of centuries. Any calculation must be

based on vague and hazardous figures of course, but, without having

any theories to prove, and making due allowance for increased rate

of building during peaceful times and for the pressure of the needs

of increased population, from a comparison of the estimated area of

voluntary rice-field building with the areas already constructed,

I come to the conclusion that the Ifugaos must have lived in their

present habitat for at least two thousand years, and I believe that

these figures are too small.

SOURCES OF IFUGAO LAW AND ITS PRESENT STATUS OF DEVELOPMENT

The Ifugaos have no form of writing: there is, consequently, no written

law. They have no form of political government: there is, therefore,

no constitutional or statutory law. Inasmuch as they have no courts

or judges, there is no law based on judicial decisions.

Ifugao law has two sources of origin: taboo (which is essentially

religious) and custom. The customary law is the more important from

the greater frequency of its application.

1. Relation of taboo to law.--The Ifugao word for taboo is paniyu. The

root, which appears under the varying forms iyu, iho, iyao, and

ihao, means in general "evil" or "bad." The prefix pan denotes

instrumentality or manner. The word paniyu means both by derivation

and in use, "bad way of doing," or "evil way." By far the greater

number of taboos have their origin in magic. A very large number of

them concern the individual, or those closely related to him by blood

ties, and for this reason have no place in a discussion of law. Thus

a pregnant woman may not wear a string of beads, since the beads

form a closed circle and so have a magic tendency to close her body

and cause difficult childbirth. This, however, is not a matter that

concerns anybody else, and so could be of no interest at law. It is

taboo for brothers to defecate near each other, but only they are

harmed thereby, and the matter is consequently not of legal interest.

The breaking of a taboo that concerns the person or possessions of

an individual of another family is a crime. The following instances

will illustrate:

In nearly all districts [2] of Ifugao it is taboo for persons of

other districts2 to pass through a rice field when it is being

harvested. It is also taboo for foreigners to enter a village

when that village is observing its ceremonial idleness, tungul,

at the close of harvest time. One who broke this taboo would be

subject to fine. In case it were believed that the fine could

not be collected, he would be in danger of the lance.

It is taboo to blackguard, to use certain language, and to do

certain things in the presence of one's own kin of the opposite

sex that are of the degrees of kinship within which marriage

is forbidden or in the presence of another and such kindred

of his, or to make any except the most delicately concealed

references to matters connected with sex, sexual intercourse,

and reproduction. Even these delicately concealed references are

permissible only in cases of real necessity. The breaking of this

taboo is a serious offense. One who broke the taboo in the presence

of his own female kin would not be punished except in so far as

the contempt of his fellows is a punishment. In Kiangan, before

the establishment of foreign government, breaking the taboo in the

presence of another and his female kin of the forbidden degrees is

said to have been sometimes punished by the lance (see sec. 123).

It is taboo for one who knows of a man's death to ask a relative

of the dead man if the man is dead. The breaking of this taboo

is punishable by fine.

If asked, Ifugaos say that it is taboo to steal; to burn or destroy

the property of another; to insult, or ruin the good name of another;

to cause the death or injury of another by sorcery or witchcraft; in

short, to commit any of those acts which among most peoples constitute

a crime.

The word taboo as understood among ourselves, and as most often used

among the Ifugaos, denotes a thing rather arbitrarily forbidden. It

seems likely that moral laws--from which most criminal laws are an

outgrowth--originate thus: the social conscience, learning that some

act is antisocial, prohibits it (often in conjunction with religion)

or some feature of it, or some semblance of it, arbitrarily, harshly,

and sometimes unreasonably. Thus the first taboo set forth above has

the semblance of being aimed against interruption in the business

or serious occupation of another, or against his worship. The mere

passing near a rice field when it is being harvested or the mere

entrance into a village during the period of ceremonial idleness are

arbitrarily seized upon as acts constituting such interruptions. The

second taboo arose from the purpose of the social consciousness to

prevent marriage or sexual intercourse between near kin. [3] It is

most sweeping and unreasonable in its prohibitions. A third person

may make no remark in the presence of kin of the opposite sex as to

the fit of the girl's clothing; as to her beauty; nor may he refer

to her lover, nor play the lover's harp. Many ordinary things must

be called by other than their ordinary names. Even the aged priests

who officiate at a birth feast must refer in their prayers to the

foetus about to be born as "the friend" and to the placenta as "his

blanket." A great number of things are forbidden in the presence of

kindred of opposite sex that would not shock even the most prudish

of our own people. The third taboo seems to be aimed against the

bandying or the taking in vain of the name of the dead.

It would seem that a primitive society, once it has decided a thing to

be wrong, swings like a pendulum to the very opposite extreme, adds

taboo upon taboo, and hedges with taboo most illogically. With the

ardor of the neophyte, it goes to the other limit, becoming squeamish

in the extreme of all that can in the remotest conception be connected

with the forbidden thing. [4]

Ultimately reason and logic tend to triumph and eliminate the

illogical, impertinent and immaterial taboos, remove the prohibitions

contained in the useful taboos from their pedestal of magic, and

set them upon a firmer base of intelligence, or at least practical

empiricism.

A small part of Ifugao law consists even yet of taboos that are

arbitrary and, except in essence, unreasonable. But the greater part

has advanced far beyond this stage and is on a firm and reasonable

basis of justice. Much of it originated from taboo--even yet the taboos

are remembered and frequently applied to acts that constitute crimes

among ourselves--but the immaterial and arbitrary taboos have been

eliminated. Although the Ifugaos say that adultery and theft and arson

are tabooed, nevertheless their attitude of mind is not the same as

that toward things that are merely tabooed. It is the attitude of the

human mind toward things that are prohibited by law and by conscience.

2. Scope of customary law.--The customary law embraces that which

pertains to property, inheritance, water rights, and to a great extent,

family law and procedure. There is a certain amount of variation in

customs and taboos throughout Ifugao land. This accounts to a certain

extent, perhaps, for the reserved behavior of visitors to a district

distant from their own. Visitors are afraid of unwittingly breaking

some taboo. In general, however, it may be said that laws are very

nearly uniform throughout the Ifugao country.

3. Connection of law and religion.--Religion and law appear conjointly

in (a) transferals of family property; (b) ordeals; (c) certain taboos;

(d) payments of the larger fines; (e) peace-making. The Ifugaos state

that a large part of their customary law and procedure was given them

by Lidum, their great teacher, a deity of the Skyworld, and an uncle

of their hero-ancestor, Balitok.

4. General principles of the Ifugao legal system.--Its personal

character. Society does not punish injuries to itself except as the

censure of public opinion is a punishment. This follows naturally

from the fact that there is no organized society. It is only when

an injury committed by a person or family falls on another person or

family that the injury is punished formally.

Collective responsibility. Not only the individual who commits an

act but his kin, in proportion to the nearness of their kinship, are

responsible for the act. Their responsibility is slightly less than

his. This applies not only to crimes but to debts and civil injuries.

Collective procedure. Legal procedure is by and between families;

therefore a family should be "strong to demand and strong to resist

demands." A member of an Ifugao family assists in the punishment of

offenders against any other member of his family, and resists the

punishment of members of his family by other families. A number of

circumstances affect the ardor with which he enters into procedures

in which a relative is concerned and the extent to which he will go

into them. Among these are: (a) the nearness or remoteness of his

relationship to the relative concerned in the action; (b) relationship

to the other principal in the action; (c) the loyalty to the family

group of the relative principally concerned in the procedure and

the extent to which this relative discharges his duty to it; (d)

evidence in the case bearing on the correctness of the relative's

position in the controversy.

A corollary of the above principle. Since legal procedure is between

families, and never between individuals, nor between a family and an

individual, crimes of brother or sister against brother or sister

go unpunished. The family of the two individuals is identical. A

family cannot proceed against itself. But in the case of incest

between a father and a daughter the father might be punished by the

girl's mother's family on the ground that he had committed a crime

against a member of that family. It is true that just as great an

injury would have been committed against the family of the father,

since the relationship of the daughter to that family is the same

as to her mother's family. But the father, the perpetrator of the

crime, being a nearer relative of his own family than his daughter,

his family certainly would not take active steps against him. Were

the crime a less disgraceful one, the father's kin would probably

contest his penalty.

The family unity must at all hazards be preserved. Clemency is

shown the remoter kin in order to secure their loyalty to the family

group. A large unified family group is in the ideal position of being

"strong to demand and strong to resist demands." The family is the

only thing of the nature of an organization that the Ifugao has,

and he cherishes it accordingly.

Collective recipiency of punishment. Just as the family group is

collectively responsible for the delinquencies of its members, but in

less degree than the delinquent himself, so may punishment be meted out

to individuals of the group other than the actual culprit, although

naturally it is preferred to punish the actual culprit; and so may

debts or indemnities be collected from them. But only those individuals

that are of the nearest degree of kinship may be held responsible;

cousins may not legally be punished if there be brothers or sisters.

Ifugao law is very personal in its character. For the different classes

of society there are in the Mampolia-Kababuyan area five grades of

fines in punishment of a given crime, four in the Hapao-Hunduan area,

and three in the Kiangan area.

Might is right to a very great extent in the administration of

justice. For a given crime, one family, on account of superior

war footing, or superior diplomacy, or on account of being better

bluffers, will be able to exact much more severe penalties than

another. Especially is Ifugao administration of justice likely

to be unfair when persons of different classes are parties to a

controversy. I doubt very much, however, whether this characteristic

of Ifugao administration of justice be more pronounced than it is in

our own.

5. Stage of development of Ifugao law.--Reasons have already been given

for believing the Ifugao's culture to be very old. His legal system

must also be old. Yet it is in the first stage of the development of

law. It is, however, an example of a very well developed first-stage

legal system. It ranks fairly with Hebrew law, or even with the

Mohammedan law of a century ago. R. R. Cherry in his lectures on the

Growth of Criminal Law in Ancient Communities demonstrates these stages

of legal development: First, a stage of simple retaliation--"an eve

for an eye, a tooth for a tooth, a life for a life." Second, a stage

in which vengeance may be bought off "either by the individual who has

inflicted the injury or by his tribe." Third, a stage in which the

tribe or its chiefs or elders intervene to fix penalty-payments and

to pronounce sentence of outlawry on those who refuse to pay proper

fines. Fourth, a stage in which offenses come to be clearly recognized

as crimes against the peace and welfare of the king or the state.

No Ifugao would dream of taking a payment for the deliberate or

intentional murder of a kinsman. He would be universally condemned if

he did so. However, he would usually accept a payment for an accidental

taking of life. There is still, however, an element of doubt as to

whether even in such a case payment would be accepted. For nearly

all other offenses payments are accepted in extenuation. Ifugao law,

then, may be said to be in the latter part of the first stage of

legal development.

THE FAMILY LAW

MARRIAGE

6. Polygamy.--The extent to which personality affects what an Ifugao

may or may not do without being considered an offender is illustrated

in the matter of polygamy. Any Ifugao, except one of the most powerful,

who might try to take a plural wife would only bring upon himself

heavy punishment--punishment that would be administered by the kin of

the first wife. But men who are very wealthy and who are also gifted

with a considerable amount of force of character sometimes take a

second or even a third wife, and compel the kin of the first wife to

recognize her and her children. In other words, they make polygamy

legal for themselves. The first wife is of higher class than succeeding

wives. Her children have inheritance rights to all the property their

father had at the time of the taking of the plural wife. The following

is a typical instance of the taking of a plural wife:

Guade of Maggok, an extremely wealthy man, after marrying and

having a number of children by his first wife, began habitually

to have illicit intercourse with another woman. The kin of the

first wife demanded a heavy indemnity. Such was their bungot

(ferocity) that they succeeded in making Guade think that he was

in imminent peril of losing his life, and in collecting double

the amount usual in such cases. But having paid the fine, Guade

rallied to his support all his kin and kept up the relations with

the woman, taking her as a second wife. Nor did the kin of the

first wife attempt to prohibit this, well knowing that they had

gone far enough. The second wife is recognized, and her children

are recognized, as legitimate. Guade informed me recently that

he was thinking seriously of taking a third. Guade is admired

and envied by every one in the community apparently; whereas a

man of less force would be condemned by public opinion.

When a plural wife is taken a heavy payment must be made the first

wife and her kin. This may amount to about 500 pesos.

7. Nature of marriage.--Marriage among the Ifugaos is a civil

contract of undefined duration. It may last a month, a year, a

decade, or until the death of one of the parties to it. It has no

essential connection with the tribal religion. True, at almost every

step in its consummation the family ancestral spirits and the other

deities are besought to bless the union in a material way in the

matter of children and wealth and by giving the two parties long

life. But this is a matter of self interest, and not of hallowing

or consecrating the union. Should the omens be bad, the two people

do not marry because they are afraid that in the shape of sickness

or death or childlessness, ill fortune may overtake them if they do

so. And even after the marriage has been fully consummated should

it happen that at any one of three certain feasts performed by the

parents of the couple during the year in connection with their rice

crop, the omen of the bile sac [5] should promise ill, the marriage

is dissolved. No promises are made by the contracting parties to each

other or to anybody else. Nor do the contracting parties take any part

in any religious ceremonials or in any marriage ceremonials of any

kind. Marriage may be terminated at any time by mutual agreement. But

that marriage is considered a contract is shown by the fact that if

either party terminates the marriage against the will of the other

the injured party has the right to assess and collect damages.

The theory that marriage should be permanent in order to provide

the better for the training and rearing of children has no legal

embodiment. [6] It is, however, established by custom that in case of

divorce a property settlement according to the wealth of the family

must be made on the children.

8. Eligibility to marriage.--Any person of any age may marry. The

consent of the parents is not necessary. But there is taboo on

the marriage of cousins within the third degree. This taboo may

be rendered inoperative, except in the case of full cousins, by

an exchange of animals ranging from two pigs in the case of the

nearer relationships to one small pig or a chicken in the case of the

remoter. The girl's kin in all cases receive the more valuable animals

in this exchange. But the marriage of first cousins is absolutely

tabooed and never occurs. It is said that children are sometimes

coerced into marriage against their will; but I have heard of only

one case in which physical force was used, and even in this case the

attempt ended in failure.

9. The two ways in which marriage may be brought about.--Those children

that will inherit a great deal of property are married usually,

but by no means always, by a contract [7] marriage; those who will

inherit no property, or but a small amount, and those who, married

by the preceding method, have lost their spouses, or who on reaching

a maturer age, do not find themselves compatible with their spouses,

and consequently remarry, are married by a trial marriage. However,

it should be said that even a contract marriage is a trial marriage

to a great degree. In fact, one inclined to be prudent in his speech

would never pronounce an Ifugao marriage a permanent one until the

death of one of the parties to it.

The trial marriage is merely a primitive sexual mating in the

dormitories of the unmarried. It might be called a courtship,

it being understood that, except in its very incipiency, Ifugao

courtship postulates an accompaniment of sexual intercourse. It is

very reprehensible, but not punishable, for a girl to enter into two

such unions contemporaneously. The moral code is hardly so strict

with respect to the male.

In case the two individuals are satisfied with each other, that is,

in case they find themselves compatible, and nearly always in case

the girl becomes pregnant and the youth has no reason for misgivings

as to the parentage of the child, the youth, after consultation with

his parents, sends a distant relative or friend, who is not related

to the girl, with betels for a ceremonial conference in which the

hand of the girl is asked in marriage. Generally it requires two or

more trial marriages to select for a person his more permanent mate.

10. Contract marriage.--The contract marriage is usually arranged for,

and its first ceremonies at least performed while the children are

quite small. Its purpose is to guard against the commission of such

a folly on the part of the child who will be wealthy as marriage to

a less wealthy spouse. The danger is that such a child, sleeping

in the common dormitory, will give way to the ardor of youth and

temporarily mate with one below him in station, and that the union

so begun prove permanent.

As a rule the couple married by a contract marriage while yet children

are elevated by the uyauwe feast to the category of the kadangyang

(upper class). The uyauwe feast is not an essential part of the

marriage ceremonials, but is an addition to them.

The following is the history of a typical marriage of this kind:

Dulinayan of Ambabag, when his son was about two years old,

sent a go-between to Likyayu, also of Ambabag, whose daughter

was somewhat younger than Dulinayan's son, with betels for a

ceremonial conference looking toward a marriage between the two

children. He stated that he would contract to give his son his

fields at Takadang, and wished to know what fields Likyayu would

give his daughter. The go-between returned, stating that Likyayu's

people did not consider Dulinayan's fields at Takadang seriously,

and asked that he assign the boy his fields at Banggo and Dayukong

in order that they might consider the union of their daughter

with his son. The go-between stated that Likyayu was considering

bestowing on his daughter his field at Takadang.

Dulinayan returned the go-between to state that he did not take as

being very serious Likyayu's statement that he intended to give

his daughter only the field at Takadang. He made the proposal

that Likyayu add to the field at Takadang the one at Danok,

and stated that if Likyayu would do so he would give his son

the fields at Banggo and Dayukong, as Likyayu suggested. Likyayu

accepted this proposal.

After two or three more conferences, it was agreed that Dulinayan

was to assign his son the following movable family property:

1 rice-wine jar, 1 gansa, 1 gold ornament. Likyayu was to assign

his daughter 1 rice-wine jar, 1 gold ornament, and 1 pango (string

of ancient beads). Besides the above, Likyayu would give, at the

proper time, a house for the young couple. Each of the two men

would present his child a granary.

The above agreement made, Dulinayan sent a pig called tokop di

mommon and a pig called imbango. These pigs were sacrificed

by Likyayu and his kin. The omens of the bile sacs promised

well. Likyayu returned 1 natauwinan (4 spears), as the mangdad

of the imbango.

About three years elapsed before anything further was done toward

the completion of the marriage. During this period Dulinayan on

behalf of his son furnished Likyayu's household with what firewood

was needed and kept his granaries in repair. Whenever his son's

betrothed fell ill, or whenever her parents or grandparents

fell ill, Dulinayan furnished a pig for sacrifice. And whenever

Dulinayan's son or his son's parents or grandparents fell ill

Likyayu furnished a pig. Likewise when one of the direct ascendants

of either of the young couple died the other family furnished a

pig for the funeral and a death blanket as one of the burial robes.

In the year 1912--that is, three years after the contract was

made--Dulinayan sent a man to propose an uyauwe. Each family

performed a granary feast to determine whether the time was

propitious. The omens being good, each family notified the other of

the fact. Dulinayan then sent a large pig as the hingot. Likyayu's

people returned a small pig as hulul di hingot. Then Dulinayan

furnished a large pig for the bubun, and the two families met

for the first time during the period of the negotiations and

sacrificed and prayed together.

A short time afterward the children were made kadangyang by the

giving of an uyauwe feast. At this feast Dulinayan gave hakba

(marriage presents) to Likyayu and his kin.

In a contract marriage there is always an assignment to the children of

the property that they will inherit. The amount of property settled

upon either of them is equal or very nearly equal to that settled

on the other. Nor may the parent of one of the children sell any

of this property except for the purpose of providing animals for

sacrifice in case of the illness or death of the child or one of his

direct ascendants, or in case of the illness or death of the child's

betrothed, or one of his direct ascendants (see sec. 13).

11. Marriage ceremonials.--The following are the steps taken to

consummate a typical marriage in the Kiangan-Maggok area:

(a) The boy's kin send the girl's kin a pig. This pig is sacrificed

by the girl's kin. The omen of the bile sac is consulted. The pig is

eaten. This feast is called mommon.

(b) The boy's kin send another pig to the girl's kin. The girl's kin

sacrifice this pig. The omen of the bile sac is consulted. This feast

is called imbango.

A non-essential part of the ceremonials, but an important matter

in some contingencies, is the return by the girl's kin of a gift

to the boy's kin in exchange of the pig sent for this feast. This

return gift is called mangdad. Its effect is to nullify any right on

the part of the boy's kin to demand a repayment of the pig sent for

this ceremony in case the marriage should for any reason whatever

fail to be effected. Even though the failure to complete or effect

the marriage be the girl's fault, if the mangdad has been sent, the

boy's kin have no right to ask a return of the imbango. The return

gift is of much less value than that made by the boy's parents.

(c) The boy's kin send the girl's kin a pig, which pig is sacrificed

by the girl's kin. The omen of the bile sac is consulted. This feast

is called hingot.

A non-essential part of the ceremonials, but one important in the same

way as in the preceding ceremony, is the return by the girl's kin of

a small pig, called the hulul di hingot (exchange of the hingot).

(d) The kin of both the contracting principals meet at the girl's

house and sacrifice a large pig furnished by the boy's kin. This feast

is called bubun, and has for its especial purpose to obtain from the

gods of animal fertility long life, health, and many children for the

young couple. It is attended by a giving of gifts by the kin of the

boy to the kin of the girl, except that in the case of a contract

marriage between kadangyang (the upper class) the giving of these

gifts is often deferred till the uyauwe ceremony, which, while not

part of the marriage ceremonials, often follows immediately after them.

The programme of marriage ceremonials among the northern Ifugao is

somewhat different.

(a) Same as (a) above. This ceremonial is omitted except in marriages

between the wealthy.

(b) The boy's kin sacrifice a pig at his home, sending half of it,

if the omen of the bile sac promises well, to the kin of the girl

in a back basket, called bango, whence originates the term imbango,

meaning "carried in a bango."

(c) The boy's kin take a pig to the girl's home. The girl's kin

furnish another and smaller pig. Both families participate in a

religious feast. This feast is called tanig, and seems to include

both the bubun and the hingot of the Kiangan people.

(d) Ceremonial idleness for the boy and the girl is required during

a period of five days. On the third day the couple go to one of their

fields, it being taboo for either of them to stumble on the way. The

trip is in one respect somewhat like the time-honored cutting of the

cakes in one of our own marriage feasts to secure a prognostication

as to which of the two spouses will die first. Stumbling on the part

of one of the couple, however, would indicate that that one would die

not only first but soon, and would probably lead to a refusal on his

or her part to go ahead with the marriage. [8] Arrived at the field,

the girl weeds a part of it, and the boy gathers some wood from a

near-by forest. Then they go home, the boy carrying the bundle of wood.

In case a bad omen of the bile sac is encountered in any of these

ceremonies, the marriage is not proceeded with, since the belief is

that misfortune would surely attend it.

In the case of the poor, some of the above ceremonies may be omitted;

or chickens or smaller pigs may be substituted for any or all the

pigs. The above programme is simply that which is to be followed out

if the groom be financially able to do the "right thing."

In case the spouses are related, two pigs--a male and a female--are

sacrificed, and the ceremony called ponga is performed. The larger

pig is furnished by the boy. The nearer the kinship the larger the

pigs necessary for this ceremony.

At no time are any vows or promises made by the principals. At no

time, except in the fourth ceremony among the Northern Ifugao, do the

principals have any active part in the ceremonies. Indeed, they may

not eat the meat of the pigs or chickens killed at their own wedding,

for it is taboo to them.

12. Gifts to the kin of the bride: hakba.--In the Kiangan area, but

in no other, expensive gifts are made to the kin of the bride. These

gifts are called hakba. Only in the case of the very poorest are

gifts foregone. The gifts are distributed to the girl's kin, the

nearer kin receiving the more valuable and the remote kin the less

valuable articles. But the elder of a line of cousins by a single

uncle, for example, receives a more valuable present, the next in

age a less valuable one, the next in age a still less valuable one,

and so on, the youngest getting nothing if he have many brothers and

sisters. No distinction is made between male and female kin. The gifts

may range from two death blankets, worth 16 pesos, to a spearhead

worth 0.20 peso.

Except in the case of the poverty-stricken, there is nothing for it

but to pay these presents. If they be not forthcoming, the kin of the

woman seize the pig provided for the bubun ceremony, carry it home

and guard it well till such time as the groom comes forward with the

hakba gifts, when they return it for the ceremonial.

The following is a list of the hakba given by Dulinayan of Ambabag to

Likyayu's family of the same village on the occasion of the marriage

of the son of the former to the daughter of the latter.

12 clouts at P1 P12

10 woman's skirts at P2 20

42 death blankets at P8 336

10 woman's girdles at P2 20

10 war knives at P1 10

3 iron pots at P5 15

1 bayaó (blanket) at P5 5

1 rice-wine jar at P8 8

2 gansas at P8 16

620 "irons" (spears, knives,

axes, etc., at an average

value of P .50 each) 310

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Total P752

Ifugao Law (In American Archaeology and Ethnology, Vol. 15, No. 1) · 第 1 / 12 段