佉卢文书所见鄯善国妇女土地问题辨析

Descrimination of Women's Land Issues in Shanshan Country in Kharosthi Documents

在新疆出土的千余件佉卢文文书中,仅有Kh.677一件文书记载了鄯善国妇女的土地问题。从中可以看出,其土地是通过购买和赠送两种形式而获得的,鄯善国妇女对土地拥有所有权,既可以自己播种、农耕,也可以作为礼物送人,甚至可以自由买卖,享有对土地的归属权和抉择权,与吐鲁番出土回鹘文、汉文土地买卖契约确保买主权益的条款极为接近,然而与魏晋乃至北朝时期中原地区妇女授田仅享有土地使用权的情况却颇有不同之处。文书还提到,该地既不交seni税,也不纳niciri税,至于是否需要缴纳其他税收,文书未予涉及。

Among the hundreds of Kharosthi documents unearthed in Xinjiang, only Kh.677 records the women＇s land issues in Shanshan Country, which shows that they gain the land either by buying or gifting. Women in Shanshan Country had the ownership of the land which they could sow, cultivate and present to others as a gift, or they even had the right of freely buying or selling their land. They had the escheatage and right of choice, which was closely related to the Uighur and Chinese contract clauses in the buyer＇s interest of buying and selling lands unearthed in Turpan but quite different with the condition of women＇s only right of land usage when they were awarded land in central China from the Wei and Jin dynasties to the Northern dynasties. Furthermore, Kh.677 shows that such land is seni and niciri taxes free, but as for other taxes, it does not mention.