试论古代犹太妇女的婚姻地位

On the Marital Status of Ancient Jewish Women

古代的犹太妇女没有婚姻自主权,在离婚的问题上,也完全处于被动的地位。其财产限于自己的嫁妆及获得的礼物与"婚娶赠与",丈夫用其财产投资所得以及她们本人的工资收入都不属于自己。与其他民族不同的是,犹太教高度赞美婚姻家庭制度,从而使得犹太律法赋予了犹太妇女婚姻生活中应有的人性化待遇,而且从《塔木德》时代开始,犹太妇女的婚姻权益开始受犹太婚约的保护,它不仅使得犹太妇女在离婚或丧夫守寡之后的经济生活有一定的保障,而且对丈夫单方面休妻的行为也有所限制,犹太妇女的婚姻地位因而在附属中有所改善。

The ancient Jewish women had neither right to choose their marriage partner, nor right to ask for divorce, her property included her dowry she brought to marriage, the gift she got and ketubbah her husband gave to them, her salary and the income received from her husband＇s investment with her property did not belong to them. While different from other people, Judaism highlighted the institution of marriage and family, which regulated some positive law toward8 Jewish women. And from Talmudic period, Jewish women＇s marriage was protected by Jewish marriage contract, which not only guaranteed her e- conomic rights when she divorced or widowed, but also restricted the husband＇s unilateral right to divorce his wife. As a resuit, Jewish women＇s subordinate marital position was improved.