[616] SMITH, _Kinship and Marriage_, 77 ff. He quotes the following lines from the _Kâmil_, 270 ff.:
"Never let sister praise brother of hers: never let daughter bewail a father's death; "For _they_ have brought her where she is no longer a free woman, and _they_ have banished her to the farthest ends of the earth."
[617] SMITH, _op. cit._, 78, 79. _Cf._ on the Arabs, LETOURNEAU, _op. cit._, 117; WESTERMARCK, _op. cit._, 395; POST, _op. cit._, 191-93, _passim_; especially KOHLER, "Studien," _ZVR._, V, 357 ff., and the literature there cited; _idem_, "Ueber das vorislamitische Recht," _ibid._, VIII, 241, 248, 259; and TORNAUW, "Das Erbrecht nach den Verordnungen des Islams," _ibid._, V, 129-37; FRIEDRICHS, "Das Eherecht des Islam," _ibid._, VII, 259-61, 243, 252, 272.
[619] Deut. 27:29; _cf._ LICHTSCHEIN, _Die Ehe nach mosaisch-talmudischer Auffassung_, 10.
[620] Ruth 4:10; Hosea 3:2. _Cf._ SMITH, _op. cit._, 79; WESTERMARCK, _op. cit._, 395; and in general on Hebrew matrimonial customs see BADER, _La femme biblique_, 1-225, 114, 115 (móhar).
[621] WAKE, _op. cit._, 237; WEILL, _La femme juive_ (1874), 11, 12, 117 ff.
[622] LICHTSCHEIN, _Die Ehe_, 11, 12; MIELZINER, _Jewish Law of Marriage and Divorce_, 77 ff. This author's surmise that the symbolical marriage with money was adopted under influence of the Roman _coemptio_ is, of course, not well founded: _ibid._, 78 n. 2.
[623] WESTERMARCK, _op. cit._, 395. Even in the days of Abraham the purchase price is beginning to be transformed into a dower: "And the servant brought forth jewels of silver, and jewels of gold, and raiment and gave them to Rebekah; he gave also to her brother and to her mother precious things."--Gen. 24:53. _Cf._ WESTERMARCK, 408, and the authorities there cited.
Traces of marriage by purchase, real and pretended, are also widely diffused throughout the nations of the Aryan stock. Among the Afghans the price of a bride is paid to the father, but he returns a part of it as a dower.[624] In upper Albania the price is equivalent to 600 marks; and there the symbols of rape appear in the marriage ceremony.[625] According to Leist and Zimmer, the Hindu maiden in Vedic times was sought of her father, not by the suitor himself, but by a friend called the bride-wooer;[626] but, as a legal form, the bride must be paid for by rich presents,[627] which were, however, returned to her as a dower.[628] Here we have to do with a survival; but originally actual wife-purchase, side by side with wife-capture, must have existed. One of the eight forms of marriage mentioned in the _Ordinances of Manu_ as having been proper for the two lower castes, but here condemned as immoral,[629] is the _Âsura_ rite. It is described as "the gift of a maiden voluntarily after presenting to the kinsmen and the maiden wealth as much as the suitor can."[630] Disapproval of real wife-purchase thus early produced two very important results: the institution of dower, already mentioned, and the _Ārsha_ rite, or ceremonial purchase, still the most common form of marriage in India.[631] But the victory was by no means complete. "According to Dubois, to marry and to buy a wife are in India synonymous terms, as almost every parent makes his daughter an article of traffic."[632]