财礼的流动:清代“嫁卖生妻”问题再研究

The Transfer of Betrothal Money: Re-examination of Private Remarriage and Wife-selling in the Qing Dynasty

"嫁卖生妻"现象在清代底层社会大量存在。以往研究过于强调该现象产生的经济原因,对由家庭关系不睦所引发的"嫁卖"现象未作探讨。本文从婚约"发生"的角度,将"嫁卖生妻"予以动态的考察,尝试对旧婚姻关系解除和新婚姻关系缔结整个过程进行分析,阐释卖妻习俗在清代底层社会的实践逻辑:从经济上看,婚姻基于财礼交付而建立,亦可由财礼的转移而予以解除;从实践上看,"嫁卖生妻"简省了休妻归宗和离异告官的环节,但因为妻子母家的参与、媒人担保、书面契约等使得此类婚姻关系获得民间社会的承认。

Private remarriage and wife-selling is a class during the Qing era. Previous studies emphasize widespread phenomena existing in the lower the economic causes of this phenomenon, but neglect the marital relationship discord has caused this problem. This paper dynamically discusses the whole process of private remarriage and wife-selling, that consists of the old marriage dissolved and concluding a new marriage,in order to explain the practical logic of wife-selling custom. From the economic point of view, the marriage contract can be established on the delivery of betrothal money, and also can be terminated with the transfer of betrothal money. From a practical point of view, private remarriage and wife-selling leave out the link of divorcing-back-to-clan and the judgment, however the participation of wife＇ s kinsfolk , the guarantees of matchmaker and written contract make the civil society recognize this kind of marriage.