a number of things omitted from the above list that he had forgotten;
that he counted up the amount of all the hakba immediately after the
feast, and that it totaled over 800 pesos.
A groom whose property placed him in the upper rank of the middle
class would spend about 128 pesos as follows on hakba:
8 death blankets at P8 P64
128 "irons" at P.50 64
====
Total P128
A member of the lower middle class would spend about 92 pesos, and
a member of the poorer class would spend about 36 pesos.
13. Obligations incurred by those who enter into a marriage
contract.--First. The initial ceremony, the mommon, puts upon the
principals in a marriage contract the obligation to abstain from
sexual relations with any other persons. Sexual intercourse with
any other person constitutes the crime of adultery. The degree of
guilt for lapses in this respect depends on the progress that has
been made toward the completion of the marriage, the culpability
growing progressively with the performance of each succeeding marriage
ceremonial.
Second. The obligation rests on the boy and his kin to furnish the
immediate family of the girl with firewood from the time at which
the first ceremony is performed until the young couple separate to
live in a house by themselves.
Third. For the same period of time as that embraced in the preceding
paragraph, the obligation rests on the boy and his kin to keep the
granaries of the family of the girl in repair, and to reroof them
whenever needful.
Fourth. Each family helps the other in all that pertains to rice
culture throughout the first year following the bubun ceremony. Each
family furnishes the other with the pig necessary for the sacrifice
at each of the three important rice-culture feasts: the kulpe (growth
feast), the kolating (harvest feast), and the tuldag (granary feast).
Fifth. From the time at which the first ceremony is performed until
the dissolution of the marriage, it is the duty of either spouse to
furnish a pig to the other in the event of the sickness of the other
or of any of his or her lineal ascendants.
Sixth. For the same period as that embraced in the preceding paragraph
it is the duty of either spouse to furnish the other in the event of
the death of any of the lineal ascendants of the other, a pig and a
death blanket.
If the spouses be too young to attend to any of their respective
obligations to each other or to the families concerned, it is the
duty of their parents to attend to the discharge of the obligations.
The non-fulfilment or the non-discharge of any of the above
obligations is sufficient cause for a demand for a divorce on the
part of the injured spouse. The Ifugao does not consider it to be
the duty of any person to leave his father and mother and cling to
his wife or husband. Rather does he consider the opposite to be the
duty. A good many marriages are undone between children because of
the non-fulfilment of one of these obligations on the part of one of
the families involved. It matters not that the spouse be so young as
to be of necessity innocent.
The husband has a right to have sexual intercourse with his wife. If
she does not accede to his desires, he has the right to force her
if he can, but he must not strike or injure her in his attempt. If
he cannot force her, he may demand a divorce. Ordinarily no man can
have sexual intercourse with an Ifugao woman possessed of her reason
and of normal strength, against that woman's will.
Bugan of Baay, a very pretty girl, was married by her parents
against her will to Pingkihan of Baay, a very rich but,
unfortunately, a darkish and very ugly man. The marriage proceeded
as far as the hingot, when it was thought wise by Pingkihan and
the part of justice by the kin of the girl that the girl give
her body before the proceeding went further. Pingkihan made many
futile attempts to attain this purpose, but all in vain. Finally
he despaired. The girl's father, however, told him to come to his
house one night. Pingkihan did so. An uncle of the girl caught her,
and held her. Pingkihan tried in vain to have sexual intercourse
with her. The girl's resistance made the thing impossible. The
marriage ceremonies were carried no further.
It cannot be too strongly emphasized that husband and wife are never
united into one family. They are merely allies. The ties that bind
each to his own family are much stronger than the ties that bind
them together. An Ifugao explained this to me by putting his hands
parallel, the forefingers together. The forefingers represent the
two spouses; the hands the two families. Should the two families
separate, should they withdraw from amity and agreement, the two
spouses, the forefingers, of necessity withdraw, because they are
attached to different hands.
Each succeeding feast in the consummation of the marriage carries
with it an added degree of obligation and of alliance; and an added
degree of culpability in cases of failure to comply with the marital
obligations and in cases of crimes against the marriage.
14. The binawit relation.--Oftentimes when the spouses are children
and live in different villages, as soon as they are of sufficient
age to have some feeling for each other--at ten or more years, for
instance--one of them goes to the house of the other. Usually the
two espoused children live for a time at the house of the parents
of the one, and then for a time at the house of the parents of the
other. A child living thus at the house of his parents-in-law is
called binawit. This matter is purely optional with the children,
and is a matter of convenience to them.
The father of the girl has, however, a mean advantage, which he
sometimes, though rarely, uses. If, for example, his son-in-law be a
good worker, he counsels his daughter not to go to the house of her
father-in-law, in order that she may hold her husband in his house to
the end that the family profit by his labor. And even though the couple
may have arrived at the age of separating from their elders and living
in a house to themselves, the father of the girl refuses to give her
her rice fields, putting the boy off from season to season with "Wait
till next harvest" or "Wait till next spading time." It is true that
the boy has in such conduct on the part of his father-in-law sufficient
cause to justify him in divorcing the girl; but if he divorces her,
he loses all that he has spent for sacrifices and hakba gifts!
15. Property rights acquired by marriage.--Neither spouse acquires
any interest in the property that the other possesses at the time
of the marriage. Each has, however, the right to veto the sale
or transfer of the family property [9] of the other except where
legal and sufficient reasons exist for such transfer. These legal
and sufficient reasons are the necessity of selling the field: (a)
to provide the necessary things for a funeral feast for ascendants or
kinfolk; (b) to pay rightful debts; (c) to pay fines or indemnities;
(d) to provide things necessary for feasts and sacrifices which are
considered essential--a very liberal interpretation being placed upon
the word "essential."
Should a man sell a field for a light or trivial cause without the
permission of his wife, the validity of the transfer would not be
effected by the fact of the non-consent of the wife. But the wife would
have recourse for damages from her husband, and might demand: (a) twice
the price received for the field as a settlement on their children;
(b) a divorce; (c) or both. The right of each spouse to veto the sale
of the other's property is equal and the same. This right is based
principally or perhaps wholly on the ground that each spouse is the
guardian of the interest of the children of the union, born or unborn.
The spouses have a joint right in all property acquired after
marriage as the result of their joint labors; that is to say, any
property whatever obtained except (a) by the sale of the fields
of the one and the repurchase of other fields with the proceeds;
(b) as the result of a fine or indemnity assessed by the family of
one against some person for injury done a member of that family;
(c) ceremonial gifts such as the hakba and habalag; (d) inheritance.
REMARRIAGE OF THE WIDOWED
16. The gibu payment to terminate marriage.--Even death itself does not
terminate an Ifugao marriage. It terminates neither the obligation of
the widowed to the soul of the dead spouse nor the compact of alliance
between the two families involved. This obligation and this compact
may be terminated only by the payment known as the gibu.
The word gibu means literally "finish". In its narrowest and probably
original sense it may have meant a payment to terminate all the
relations and obligations growing out of a marriage. There is another
explanation. From the day of the death of a spouse till the third
day after the interment (when the binokbok ceremony is performed),
the kin of the deceased and the kin of the surviving spouse are on
terms of theoretical enmity. They observe with reference to each
other all the taboos that are observed toward enemies. This practice
may have arisen from a former belief--a belief that is current among
many primitive peoples today--that every death is due to sorcery
or witchcraft. Whom so naturally blamed as the surviving spouse or
his kin? If this be the explanation, then the gibu originated as an
indemnity paid for the life of the deceased.
In the present day, the gibu in a broader sense applies to all fines
and indemnities paid in connection with the abuse or termination of
a marriage.
A remarriage may not properly be effected by the widowed until he has
paid the kin of the dead spouse the gibu 'n di nate (gibu of the dead),
or the datok, as it is specifically called. Failure on the part of the
widowed to make this payment would lead to a seizure of his property
or a lance throwing. In the Kiangan area this payment is not nearly
so high as in other parts of Ifugao land, and for the reason that
in the former area large payments are made to the kin of the woman
in the hakba gifts at the beginning of the marriage. In Benaue and
other areas of Ifugao the payments are about five times the amounts
shown in the subjoined table.
The following is the datok payment of the Kiangan area:
DATOK [10]
For the Wealthy
Pu-u, 1 death blanket P8.00
Haynub, 1 pot 5.00
Haynub, 1 pot 2.00
Natauwinan 1.00
Natauwinan 1.00
Natauwinan 1.00
Natauwinan 1.00
Natuku .50
Natuku .50
Na-oha .25
Amo:
6 irons 1.50
Paduldul (offering to the
soul of the dead), 1 pig 10.00
======
Total P31.75
For the Middle Class
Pu-u, 1 death blanket P4.00
Haynub, 1 pot 2.00
Haynub, 1 pot 2.00
Natauwinan 1.00
Natauwinan 1.00
Natuku .50
Natuku .50
Nunbadi .40
Na-oha .25
Amo:
4 irons 1.00
Paduldul, 1 pig 8.00
======
Total P20.65
For the Very Poor
Pu-u, 1 pot P4.00
Haynub 1.00
Natauwinan 1.00
Natuku .50
Nunbadi .40
Na-oha .25
Amo:
4 irons 1.00
Paduldul, 1 pig 5.00
======
Total P13.15
It is considered an insult to the deceased and his kin for a widowed
person to remarry within a year from the death of his spouse. In
such an event, a larger gibu is demanded by the kin of the dead
spouse. Should the spouses have had no children, double the amount
usual is demanded as the datok.
If the widowed remarries without having first formally notified the kin
of his dead spouse of his intention, or if he scandalously has sexual
intercourse, he commits adultery according to Ifugao law, and must
pay the gibu luktap (see sec. 75, 94). As a matter of fact, I do not
believe that this law is often enforced. The Ifugaos say that it was
nearly always enforced before the establishment of foreign government.
If the widowed be a woman, both she and the man with whom she contracts
a second marriage are responsible for the gibu payment. The payment
as a matter of practice is always made by the man who marries her;
but it is said that, should her second husband for any reason fail
to pay, the widow would be held for the payment.
In the event of the birth of a bastard child to a surviving spouse,
the gibu must be paid.
The following is an instance of the non-payment of this indemnity,
and the sequelae:
Piniliu of Longa married the wife of Butlong, a deceased kinsman
of Timbuluy, also of Longa. Piniliu did not come forward with
the usual datok payment, notwithstanding the fact that it was
repeatedly demanded of him.
Finally Piniliu went to Nueva Viscaya, and there bought a
carabao. Timbuluy gathered his kin and met Piniliu when he was
bringing back the carabao. About two miles before they reached
their home village Timbuluy and his kin seized the animal,
hamstringing and slaughtering it before Piniliu's eyes.
The act of Timbuluy may very safely be said to have been justified
by Ifugao custom, and so to have been legal.
The gibu is smaller if the second spouse taken be a kinsman or
kinswoman of the first.
If the living spouse should not have furnished the animal required of
him (see sec. 13) and a death blanket for the funeral of the dead
spouse, the value of these things is added to the amount of the
gibu. [11]
DIVORCE
The following tables show some of the causes for divorce together
with the payments, if any, due and to whom they are due.
17. Divorce because of necessity.--This is always achieved by mutual
agreement.
Cause Fine Paid to
1. A bad omen of the bile sac of the animal
sacrificed at the mommon, imbango, hingot,
or bubun feasts (see sec. 17) None
2. A bad omen of the bile sac at any of the
three principal rice feasts of either
family during the year following the
performance of the bubun ceremony
(see sec. 7) None
It is considered that only ill fortune could come of a marriage
which gave even a single ill omen in any of these cases. It is not
permitted to provide another pig and consult the omen again in any
of these feasts. But in all subsequent feasts this may be done, and
does not lead to divorce. Divorce is unavoidable if the above occurs,
and neither party would dream of opposing it.
18. Divorce for mutual benefit.--Childlessness is the cause. Divorce
under these circumstances is considered a mutual benefit. It may be
achieved by mutual consent or may be demanded by either party without
liability for indemnity.
Cause Fine Paid to
1. Continuous dying of offspring None
2. Childlessness for a period of two or three
years after marriage None
It is considered that the gods of animal fertility look with
permanent disapproval on the union. This is not without some show of
reason, since spouses who have lived together for a goodly number of
years on separation and remarriage with other persons have each had
children. Ifugao experience in this matter would indicate that there
is such a matter as biologic incompatibility.
19. Divorce which may be demanded by either party.--Cruelty and
incompatibility are the causes. The divorce may be by mutual consent
or may be demanded by the injured.
Cause Fine Paid to
1. Neglect of one spouse by the other in time Hudhud
of sickness; the failure to "cherish" (see below) The injured
2. Ill treatment of one of the spouses by the In some
near kin of the other; insulting language cases
by a father- or mother-in-law hudhud Divorcer
3. Unwillingness of either party to have
sexual intercourse with the other, and
continued resistance to it, when there is
the ability to perform the sexual act Hudhud Divorcer
4. The lessening of the fields of one of the
spouses which it was agreed in the
contract of marriage would be his,
without the consent of the kin of the
other spouse Hudhud Divorcer
5. Permanent inability to perform the
sexual act None
6. Insanity None
7. Failure on the part of one spouse or his Hudhud Divorcer
family in any of the obligations (not always
heretofore mentioned (see sec. 13) paid)
8. Commission of crime by one spouse against
a member of the other spouse's family Hudhud Divorcer
9. Refusal of one family to furnish the pigs
necessary to complete the ceremonials; in
case the spouses are related, the refusal
or continued neglect of one family to
produce a pig for the ponga (see sec. 11) None
10. The selling of a rice field for Hudhud Divorcer
insufficient reasons by one spouse without (also see
the consent of the other (see sec. 14) sec. 21)
11. Continued refusal of the father of either
of the spouses to deliver the fields
called for in the contract when the couple
has reached a reasonable age (see sec. 10) Hudhud Divorcer
12. Continued laziness or shiftless conduct on
the part of one of the spouses Usually none
13. The incurring of many debts or other
obligations; the squandering of family
resources Hudhud Divorcer
14. Unreasonable or insane jealousy None
20. Cases where divorce may be demanded by one party or the other.
Cause Fine Paid to
1. Desertion of lawful spouse and Gibu of Injured
cohabitation with another; divorce already hokwit party
a fait accompli (see sec.
94)
2. Incompatibility; continuous quarreling Hudhud The
divorced
3. A change of affection or a desire not to
proceed with or complete the marriage; if
there be children, all the property or
nearly all must be settled on them Hudhud The
divorced
4. Adultery Gibu of The
luktap injured
(see sec.
94)
21. The hudhud, or payment for mental anguish.--This is the fine or
indemnity assessed in cases of divorce at the instance of one of the
parties, when uncomplicated by improper sexual relations, on the ground
of mental anguish, hakit di nemnem, literally, "hurt of the mind." In
general it may be said to be assessed against that spouse who has
made necessary the dissolution of the marriage, whether or not he be
the one who takes the initiative in effecting the divorce. Should the
divorce be effected on account of sexual crime of one of the spouses,
the greater the injury the more severely the crime is punished. The
hudhud is a small fine, but its payment is said effectually to banish
the mental anguish. The dignity and self-importance of the Malay
are of unusual proportions in comparison with his other feelings and
emotions. In Kiangan district there are three grades of the hudhud:
one for the kadangyang or wealthy; one for the tumuk or middle class;
and one for nawatat or poor. The following are the usual amounts of
the indemnity:
THE HUDHUD INDEMNITY
For the Wealthy
1 death blanket P8.00
=====
Total P8.00
For the Middle Class
1 iron pot P2.00
Natauwinan 1.00
Natuku .60
Nunbadi .40
Na-oha .25
=====
Total P4.85
For the Very Poor
Natauwinan P1.00
=====
Total P1.00
In case of a change of mind leading to an unwillingness to proceed
with the marriage, the following additional data are pertinent: Should
the girl refuse to proceed with the marriage after the performance
of the mommon ceremonial and before the performance of the imbango
ceremonial, she pays simply the hudhud; should she refuse after the
imbango, she pays the hudhud, and, unless her kin have given the
boy's kin the mangdad di imbango, she pays back the pig given her
family by the boy's family for the imbango ceremonial. The same is
true, mutatis mutandis, should she refuse to proceed after the hingot
ceremony. The boy may refuse to proceed with the marriage after the
mommon and before the imbango without liability to damages; should
he refuse after the imbango, he must pay the hudhud.
22. Divorce ceremonies.--It is only when divorce is by mutual agreement
that divorce is attended by any ceremonies. The ceremonies consist
of a honga, or general welfare feast, not greatly different in spirit
from the ceremonials by which the couple were married. In other cases,
the couple have separated prior to the formal divorce or have such
ill feeling toward each other that concerted action is impossible.
23. Property settlements in case of divorce.--(1) When there are
no children: Each spouse takes the property that he brought to the
marriage, together with any property received since by inheritance,
or solely by virtue of his relationship to his own family.
The remaining property, that is, family property such as rice
fields, gold ornaments, gansas, etc., and personal property such
as food stores, house furnishings, implements, domestic animals,
and also liabilities that rightfully bear equally on both spouses
are apportioned by two umpires, monhangdad, one chosen by each
spouse. These persons make an equitable division, taking as their fee
any odd articles of personal property. Thus if there be three bolos,
they take one; if there be a chicken "left over," they take it. They
may not carry this appropriation to themselves too far, however.
(2) When there are children of the union: The woman has the right
to the children, and nearly always exercises it. In some cases, when
the mother has no rice fields and the father does have rice fields,
and when the children are large enough not to need a mother's care,
by special agreement the father takes one or more of the children.
Whoever takes the children takes possession of the property that
belongs to them. Usually the woman takes all the children and manages
the husband's family property that has been allotted them.
All the property of both the spouses must be assigned to their children
at the time of the divorce (except the personal property). The one who
takes a child takes also the property of that child and tills it. He
may not dispose of it except for the purpose of meeting legitimate
obligations against it. Should the child die, its brothers and sisters
inherit the property.
DEPENDENTS IN RELATION TO FAMILY LAW
24. Adopted children.--An adopted child is termed inagamid, that is,
"taken to one's self"; or it may be termed na-imbalbalayen, "made
one's child." The word inagamid is also used to denote a slave taken
into a household.
Adoptions are rather rare; for the reason, I suspect, that it is only
the propertied class who make them, and that persons of this class,
being well nurtured, usually have children of their own. Usually
the child adopted is the son or daughter of a brother or sister,
and so is really, according to the Ifugao mode of reckoning kinship,
the son or daughter of the adopter. Which family the child shall be
adopted from [12] is a question that is hard for a man and his wife
to agree upon, the wife naturally wishing to adopt from her family
and the husband from his. Sometimes two children are adopted, one
from each family. More often the adopted child is married to one of
the family of the unrelated parent. The two parents by adoption then
give or will give their children by adoption a large part or nearly all
of their properties. They may not give the adopted children all. They
must give something to those who would have been their heirs had they
not made the adoption.
25. Servants.--The general term for servants is baal. As a rule no
pay is given a servant other than his board and clothing. It is the
obligation of the master, however, to furnish animals for sacrifice
when the servant falls sick. It is, further, considered good form
for the master to furnish animals for sacrifice in case of sickness
of the servant's father or mother; but I do not believe it to be an
obligation. A servant that has been a long time with his master is
called nikkop. It is an obligation resting on the master to furnish
the animals and other necessities for a marriage feast for such a
servant. As a rule there is no definite time set for the termination
of a contract between master and servant, and such contracts are
terminable at any time at the will of either party.
Sometimes an unmarried adult goes to the house of a rich man and asks
to be taken as a member of the family on such a basis; but as a rule
servants are children when first taken. Oftentimes a high degree of
affection is felt for a faithful member of the family of this class,
and if a child he is treated as a son or daughter. Sometimes a rice
field is assigned to him, and he inherits as though he were the
youngest son or daughter.