周代“别子为祖”三问题考辨

A Textual Study of the Three Issues of “Biezi as Ancestor” in the Zhou Dynasty

别子为祖本意为别子另立门户,成为新族始祖。周代别子为祖分为两个阶段,西周实行一继一及制,别子可以是包括嫡长子在内的所有没有继承权的儿子。春秋战国之际,嫡长制趋于确立,嫡长子成为唯一合法继承人,不能再别子为祖、另建宗统,别子群体中不再包含嫡长子。杀首子习俗与长子别子为祖具有前后的关联性。宗法是宗族之法,以嫡长制存在与否或有无嫡庶之辨判断是否实行宗法制度是不正确的。与别子为祖的两个阶段相对应,周代宗法制也呈现出两种不同的形态,西周幼子是大宗的实际继承人,长子别子为祖成为小宗,兄卑而弟尊;春秋战国后,嫡长子成为大宗继承人,兄尊而弟卑。

“Biezi as ancestor”originally referred to letting the son other than Zongzi(the heir)start his new clan and become its first ancestor.There were two stages in the Zhou Dynasty for this custom.In the Western Zhou Dynasty,the first heir was the son and the second heir was the younger brother.Biezi could refer to any son without inheritance rights,including the eldest Dizi(son from the first legitimate wife).During the Spring and Autumn Period and the Warring States Period,the system for the eldest Dizi as heir gradually dominated.The eldest Dizi became the only legal heir.Biezi could no longer start his own clan as ancestor,and the eldest Dizi was no longer included in the Biezi group.The custom of killing the first son was before the custom for Biezi or the eldest Dizi as ancestor.The patriarchal law was the law of the clan.It is incorrect to judge whether the patriarchal law was implemented by finding whether there was the system for the eldest Dizi as heir or whether the eldest Dizi was distinguished from other sons.Corresponding to the two stages,the patriarchal clan system in the Zhou Dynasty also presented two different forms.In the Western Zhou Dynasty,the youngest son was the actual heir of the major clan while the eldest son and Biezi became ancestors of their respective minor clan,and the elder sons were inferior to the younger sons.Since the Spring and Autumn Period and the Warring States Period,the eldest Dizi had become the heir of the major clan,and younger sons were inferior to the elder sons.