Practice of a husband selling his wife
Wife selling is the practice of a husband selling his wife and may include the sale of a female by a party outside a marriage. Wife selling has had numerous purposes throughout the practice's history; and the term "wife sale" is not defined in all sources relating to the topic.
Sometimes, a wife was sold by a husband to a new husband as a means of divorce, in which case sometimes the wife was able to choose who would be her new husband, provided she chose within a certain time period, and especially if the wife was young and sexually attractive. In some societies, the wife could buy her own way out of a marriage or either spouse could have initiated this form of divorce. Reducing a husband's liability for family support and prenuptial debts was another reason for wife sale. Taxes were sometimes paid by selling a wife and children and paying the value as the required amount, especially when taxes were too high to permit basic survival. Famine leading to starvation was a reason for some sales. Gambling debts could be paid by selling a free or slave wife. A society might not allow a woman the rights reserved to men regarding spouse sale and a society might deny her any rights if her husband chose to sell her, even a right of refusal. A divorce that was by mutual consent but was without good faith by the wife at times caused the divorce to be void, allowing her to then be sold. A husband might sell his wife and then go to court seeking compensation for the new man's adultery with the wife. By one law, adultery was given as a justification for a husband selling his wife into concubinage.
A free wife might be sold into slavery, such as if she had married a serf or her husband had been murdered. Sometimes, a slave-master sold an enslaved wife. Enslaved families were often broken up and wives, husbands, and children sold to separate buyers, often never to see each other again, and a threat to sell a wife was used to keep an enslaved husband under a master's discipline. In wartime, one side might, possibly falsely, accuse the other of wife sale as a method of spying. A wife could also be treated as revenue and seized by the local government because a man had died leaving no heirs. "Wife sale" was sometimes the description for the sale of a wife's services; it might be for a term of years followed by freedom. If a sale was temporary, in some cases wife sale was considered temporary only in that the sold-and-remarried wife would, upon her death, be reunited with her first husband.
Constraints existed in law and practice and there were criticisms. Some societies specifically forbade wife sales, even imposing death upon husbands violating the law, but a legal proscription was sometimes avoided or evaded, such as by arranging an adoption with a payment and an outcome similar to that of a sale. A society might tax or fine a wife sale without banning it. The nearness of a foreign military sometimes constrained a master in a slave sale that otherwise would have divided a family. Among criticisms, some of the sales (not of services alone but entirely of wives) have been likened to sales of horses. Wives for sale were treated like capital assets or commodities. One law made wives into husbands' chattels. Other sales were described as brutal, patriarchal, and feudalistic. Wife sales were equated with slavery. One debate about the whole of Africa was whether Africans viewed the practice as no crime at all or as against what Africans thought valuable and dear. Some modern popular songs against wife sale are vehicles for urban antipoverty and feminist organizing for rights. A story in a popular collection written by a feminist was about a suggestion for wife sale and the wife's objection to discussing it followed by no wife sale occurring. Another story is about a feminist advocate for justice in which a husband is censored or censured for selling his wife in a gamble.
Wife selling has been found in many societies over many centuries and occasionally into modern times, including the United States (including in Hawaii among the Japanese, among Indians in the Gallinomero, Yurok, Carolina, and Florida tribes and in the Pacific Northwest, and among natives on Kodiak Island in what is now Alaska), Colombia, England, Australia (among aborigines), Denmark (possibly), Hungary, France, Germany, India, Japan, Malaya (among Chinese laborers), Thailand (at least permitted), Northern Asia (among the Samoyads), Asia Minor (among the Yourouk), Kafiristan, Indonesia (albeit not outright), Tanganyika, Congo, Bamum, Central Africa (among the Baluba), Zambia, South Africa (among Chinese laborers), Burkina Faso, Ethiopia, Nigeria (possibly), Abyssinia, Egypt, Lombardy, ancient Rome (sometimes as a legal fiction and sometimes as actual), ancient Greece, and ancient Emar (of Syria). In Rwanda, it was the subject of a wartime accusation. Specific bans existed in Thailand, Indonesia, ancient Rome, and ancient Israel and partial bans existed in England and Japan. Wife sale was a topic of popular culture in India, the U.S., China, Scandinavia, Nepal, Guatemala, and the Dutch Indies. It has been found in Christianity and Judaism.
History and practice.
England.
The English custom of wife selling largely began in the late 17th century when divorce was a practical impossibility for all but the very wealthy. In the ritualized form, after parading his wife with a halter around her neck, arm, or waist, a husband would publicly auction her to the highest bidder. Although the custom had no basis in law and frequently resulted in prosecution, particularly from the mid-19th century onwards, the attitude of the authorities was equivocal. At least one early-19th-century magistrate is on record as stating that he did not believe he had the right to prevent wife sales, and there were cases of local Poor Law Commissioners forcing husbands to sell their wives, rather than having to maintain the family in workhouses. The English custom of wife selling spread to Wales, Scotland, Australia, and the United States before dying out in the early 20th century.
United States.
In 1781, in South Carolina, a "Bill of Sale" of a "Wife and Property" for "Two Dollars and half Dozen Bowls of Grogg", the buyer "to have my said Wife for ever and a Day", is, according to Richard B. Morris, "unique of its kind". According to Morris, "although the administration of the law was in a somewhat unsettled state during this ["British"] military occupation [of Charleston], neither at common law nor under the marriage laws then in force in South Carolina would the sale of a wife have been valid". The document likely was a way, wrote Morris, for "dissolving the marriage bond" since the state forbade divorce "and the marriage laws of the Church of England were widely disregarded among the poorer whites and in the back country", but it could also have been intended to reduce the husband's liability for debts for support of the wife and her children and for her pre-wedding debts, while it was unlikely to have been for the sale of a Black slave or an indentured servant, though being for the sale of an Indian woman or a mestizo, while unlikely, was not impossible.
Native Americans and other natives.
The Carolina tribe of Native Americans, according to William Christie MacLeod, as reported in 1925, engaged in debtor slavery, where "slave" is defined by the Carolinas as "that which is obsequiously to depend on the master for subsistence". According to MacLeod quoting J. Lawson, "if a man takes a widow ... laden with her husband's debts, she seems to have some of the attributes of a chattel, although also a wife. Her husband may ... '... take her for his money paid to her deceased husband's creditors, and sell her to another for his wife'". "[Lawson had] seen several of these bargains driven in a day", and "[Lawson said] you may see men selling their wives as men do horses at a fair, a man being allowed not only to change as often as he pleases but likewise to have as many wives as he is able to maintain."
According to George Elliott Howard, as published in 1904, "if dissatisfied with his wife, the young Gallinomero of [California] ... may 'strike a bargain with another man' and sell her 'for a few strings of shell-money.'" Also according to Howard, as published in 1904, "among the California Yurok 'divorce is very easily accomplished at the will of the husband, the only indispensable formality being that he must receive back from his father-in-law the money which he paid for his spouse.'
In the late 17th–mid 18th centuries, among some Indian tribes of the Pacific Northwest, according to Elsie Frances Dennis, two Indians of unspecified tribe or tribes had been killed and "the widow and two daughters of one were wailing, for they were to be sold as slaves." Not all tribes of the region and time sold wives; according to Dennis, "Ross said that he never knew a single instance in which a Chinook or one of the neighboring tribes ever sold his wife".
In 1802–1803, among native people on Kodiak (Kad'iak) Island, in present-day Alaska and that was then part of Russia, according to Gavriil Ivanovich Davydov, "marital fidelity is not always considered a virtue by the islanders ["Koniagas"], and in many cases a husband will sell his wife for a small present."
In Florida, apparently "c." in the 16th century, according to an unnamed "eye-witness", among Florida Indians, "the ruler has power to give or rather to sell wives to those desirous of marriage."
In Canada the buying and selling of wives was common practice among Chiefs and wealthier “commoners” in the West Coast tribes.
People of African descent.
According to W. R. Riddell, "a ... man with some Negro blood ... had a ... daughter ... showing little trace of Negro origin. It was understood that she would marry no one but a white man, and that the father was willing to give her a handsome dowry on such a marriage. A person of pure Caucasian stock from the Southern States came to Toronto, wooed and won her. They were married and the husband took his bride to his home in the South. Not long afterwards the father was horrified to learn that the plausible scoundrel had sold his wife as a slave. He at once went South and after great exertion and much expense, he succeeded in bringing back to his house the unhappy woman, the victim of brutal treachery."
Not all people of African descent in the New York City area in 1776–1783 were slaves. In some cases, records may not reveal their status. A "group of black men ... [were being "court martial[led]" for] killing a white slaveowner (who had just sold the wife of one of the accused in New York City)".
In 1863, William W. Ryan, II, who had opposed slavery and secession and had enlisted into Union military service, was discharged from the military. According to his daughter, Margaret Ryan Kelley, he came home and "brought with him a negro named August", whom he paid. According to her, August said, "his white folks ... had sold his wife 'down the river.' It was a source of constant grief for him... When he had $200, he intended to return to Virginia and find his people."
Black slavery.
Cases were reported from different states. A slave born in North Carolina who moved 50 miles recalled that, while she was between 5 and 8 years old, "'[w]hile here, he [unspecified who] sold my mother to New Orleans, leaving my father at home.' ... Her master moved to Alabama, and died ..., leaving behind unpaid bills and seven slaves, all of whom a sheriff sold, save for her father", according to Daniel Meaders. According to Isaac Johnson, in childhood a slave, his "mother was stolen ... from ... Madagascar", "given" to Johnson's grandfather, evaluated as a "servant", and "bequeathed" to Johnson's father in Kentucky and Johnson's father "used Jane in all respects as a wife and she, in her innocence, supposed she was such". In "c." 1851, Johnson's father, who had decided to move and therefore to sell his "farm and stock", ordered the sale of Johnson's mother and her children. No bids were offered for the mother with