The Family Law

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Marriage

6. Polygamy.—The extent to which personality affects what an Ifugao may or may not do without being considered an offender is illustrated in the matter of polygamy. Any Ifugao, except one of the most powerful, who might try to take a plural wife would only bring upon himself heavy punishment—punishment that would be administered by the kin of the first wife. But men who are very wealthy and who are also gifted with a considerable amount of force of character sometimes take a second or even a third wife, and compel the kin of the first wife to recognize her and her children. In other words, they make polygamy legal for themselves. The first wife is of higher class than succeeding wives. Her children have inheritance rights to all the property their father had at the time of the taking of the plural wife. The following is a typical instance of the taking of a plural wife:

Guade of Maggok, an extremely wealthy man, after marrying and having a number of children by his first wife, began habitually to have illicit intercourse with another woman. The kin of the first wife demanded a heavy indemnity. Such was their bungot (ferocity) that they succeeded in making Guade think that he was in imminent peril of losing his life, and in collecting double the amount usual in such cases. But having paid the fine, Guade rallied to his support all his kin and kept up the relations with the woman, taking her as a second wife. Nor did the kin of the first wife attempt to prohibit this, well knowing that they had gone far enough. The second wife is recognized, and her children are recognized, as legitimate. Guade informed me recently that he was thinking seriously of taking a third. Guade is admired and envied by every one in the community apparently; whereas a man of less force would be condemned by public opinion.

When a plural wife is taken a heavy payment must be made the first wife and her kin. This may amount to about 500 pesos.

7. Nature of marriage.—Marriage among the Ifugaos is a civil contract of undefined duration. It may last a month, a year, a decade, or until the death of one of the parties to it. It has no essential connection with the tribal religion. True, at almost every step in its consummation the family ancestral spirits and the other deities are besought to bless the union in a material way in the matter of children and wealth and by giving the two parties long life. But this is a matter of self interest, and not of hallowing or consecrating the union. Should the omens be bad, the two people do not marry because they are afraid that in the shape of sickness or death or childlessness, ill fortune may overtake them if they do so. And even after the marriage has been fully consummated should it happen that at any one of three certain feasts performed by the parents of the couple during the year in connection with their rice crop, the omen of the bile sac1 should promise ill, the marriage is dissolved. No promises are made by the contracting parties to each other or to anybody else. Nor do the contracting parties take any part in any religious ceremonials or in any marriage ceremonials of any kind. Marriage may be terminated at any time by mutual agreement. But that marriage is considered a contract is shown by the fact that if either party terminates the marriage against the will of the other the injured party has the right to assess and collect damages.

The theory that marriage should be permanent in order to provide the better for the training and rearing of children has no legal embodiment.2 It is, however, established by custom that in case of divorce a property settlement according to the wealth of the family must be made on the children.

8. Eligibility to marriage.—Any person of any age may marry. The consent of the parents is not necessary. But there is taboo on the marriage of cousins within the third degree. This taboo may be rendered inoperative, except in the case of full cousins, by an exchange of animals ranging from two pigs in the case of the nearer relationships to one small pig or a chicken in the case of the remoter. The girl’s kin in all cases receive the more valuable animals in this exchange. But the marriage of first cousins is absolutely tabooed and never occurs. It is said that children are sometimes coerced into marriage against their will; but I have heard of only one case in which physical force was used, and even in this case the attempt ended in failure.

9. The two ways in which marriage may be brought about.—Those children that will inherit a great deal of property are married usually, but by no means always, by a contract3 marriage; those who will inherit no property, or but a small amount, and those who, married by the preceding method, have lost their spouses, or who on reaching a maturer age, do not find themselves compatible with their spouses, and consequently remarry, are married by a trial marriage. However, it should be said that even a contract marriage is a trial marriage to a great degree. In fact, one inclined to be prudent in his speech would never pronounce an Ifugao marriage a permanent one until the death of one of the parties to it.

The trial marriage is merely a primitive sexual mating in the dormitories of the unmarried. It might be called a courtship, it being understood that, except in its very incipiency, Ifugao courtship postulates an accompaniment of sexual intercourse. It is very reprehensible, but not punishable, for a girl to enter into two such unions contemporaneously. The moral code is hardly so strict with respect to the male.

In case the two individuals are satisfied with each other, that is, in case they find themselves compatible, and nearly always in case the girl becomes pregnant and the youth has no reason for misgivings as to the parentage of the child, the youth, after consultation with his parents, sends a distant relative or friend, who is not related to the girl, with betels for a ceremonial conference in which the hand of the girl is asked in marriage. Generally it requires two or more trial marriages to select for a person his more permanent mate.

10. Contract marriage.—The contract marriage is usually arranged for, and its first ceremonies at least performed while the children are quite small. Its purpose is to guard against the commission of such a folly on the part of the child who will be wealthy as marriage to a less wealthy spouse. The danger is that such a child, sleeping in the common dormitory, will give way to the ardor of youth and temporarily mate with one below him in station, and that the union so begun prove permanent.

As a rule the couple married by a contract marriage while yet children are elevated by the uyauwe feast to the category of the kadangyang (upper class). The uyauwe feast is not an essential part of the marriage ceremonials, but is an addition to them.

The following is the history of a typical marriage of this kind:

Dulinayan of Ambabag, when his son was about two years old, sent a go-between to Likyayu, also of Ambabag, whose daughter was somewhat younger than Dulinayan’s son, with betels for a ceremonial conference looking toward a marriage between the two children. He stated that he would contract to give his son his fields at Takadang, and wished to know what fields Likyayu would give his daughter. The go-between returned, stating that Likyayu’s people did not consider Dulinayan’s fields at Takadang seriously, and asked that he assign the boy his fields at Banggo and Dayukong in order that they might consider the union of their daughter with his son. The go-between stated that Likyayu was considering bestowing on his daughter his field at Takadang.

Dulinayan returned the go-between to state that he did not take as being very serious Likyayu’s statement that he intended to give his daughter only the field at Takadang. He made the proposal that Likyayu add to the field at Takadang the one at Danok, and stated that if Likyayu would do so he would give his son the fields at Banggo and Dayukong, as Likyayu suggested. Likyayu accepted this proposal.

After two or three more conferences, it was agreed that Dulinayan was to assign his son the following movable family property: 1 rice-wine jar, 1 gansa, 1 gold ornament. Likyayu was to assign his daughter 1 rice-wine jar, 1 gold ornament, and 1 pango (string of ancient beads). Besides the above, Likyayu would give, at the proper time, a house for the young couple. Each of the two men would present his child a granary.

The above agreement made, Dulinayan sent a pig called tokop di mommon and a pig called imbango. These pigs were sacrificed by Likyayu and his kin. The omens of the bile sacs promised well. Likyayu returned 1 natauwinan (4 spears), as the mangdad of the imbango.

About three years elapsed before anything further was done toward the completion of the marriage. During this period Dulinayan on behalf of his son furnished Likyayu’s household with what firewood was needed and kept his granaries in repair. Whenever his son’s betrothed fell ill, or whenever her parents or grandparents fell ill, Dulinayan furnished a pig for sacrifice. And whenever Dulinayan’s son or his son’s parents or grandparents fell ill Likyayu furnished a pig. Likewise when one of the direct ascendants of either of the young couple died the other family furnished a pig for the funeral and a death blanket as one of the burial robes.

In the year 1912—that is, three years after the contract was made—Dulinayan sent a man to propose an uyauwe. Each family performed a granary feast to determine whether the time was propitious. The omens being good, each family notified the other of the fact. Dulinayan then sent a large pig as the hingot. Likyayu’s people returned a small pig as hulul di hingot. Then Dulinayan furnished a large pig for the bubun, and the two families met for the first time during the period of the negotiations and sacrificed and prayed together.

A short time afterward the children were made kadangyang by the giving of an uyauwe feast. At this feast Dulinayan gave hakba (marriage presents) to Likyayu and his kin.

In a contract marriage there is always an assignment to the children of the property that they will inherit. The amount of property settled upon either of them is equal or very nearly equal to that settled on the other. Nor may the parent of one of the children sell any of this property except for the purpose of providing animals for sacrifice in case of the illness or death of the child or one of his direct ascendants, or in case of the illness or death of the child’s betrothed, or one of his direct ascendants (see sec. 13).

11. Marriage ceremonials.—The following are the steps taken to consummate a typical marriage in the Kiangan-Maggok area:

(a) The boy’s kin send the girl’s kin a pig. This pig is sacrificed by the girl’s kin. The omen of the bile sac is consulted. The pig is eaten. This feast is called mommon.

(b) The boy’s kin send another pig to the girl’s kin. The girl’s kin sacrifice this pig. The omen of the bile sac is consulted. This feast is called imbango.

A non-essential part of the ceremonials, but an important matter in some contingencies, is the return by the girl’s kin of a gift to the boy’s kin in exchange of the pig sent for this feast. This return gift is called mangdad. Its effect is to nullify any right on the part of the boy’s kin to demand a repayment of the pig sent for this ceremony in case the marriage should for any reason whatever fail to be effected. Even though the failure to complete or effect the marriage be the girl’s fault, if the mangdad has been sent, the boy’s kin have no right to ask a return of the imbango. The return gift is of much less value than that made by the boy’s parents.

(c) The boy’s kin send the girl’s kin a pig, which pig is sacrificed by the girl’s kin. The omen of the bile sac is consulted. This feast is called hingot.

A non-essential part of the ceremonials, but one important in the same way as in the preceding ceremony, is the return by the girl’s kin of a small pig, called the hulul di hingot (exchange of the hingot).

(d) The kin of both the contracting principals meet at the girl’s house and sacrifice a large pig furnished by the boy’s kin. This feast is called bubun, and has for its especial purpose to obtain from the gods of animal fertility long life, health, and many children for the young couple. It is attended by a giving of gifts by the kin of the boy to the kin of the girl, except that in the case of a contract marriage between kadangyang (the upper class) the giving of these gifts is often deferred till the uyauwe ceremony, which, while not part of the marriage ceremonials, often follows immediately after them.

The programme of marriage ceremonials among the northern Ifugao is somewhat different.

(a) Same as (a) above. This ceremonial is omitted except in marriages between the wealthy.

(b) The boy’s kin sacrifice a pig at his home, sending half of it, if the omen of the bile sac promises well, to the kin of the girl in a back basket, called bango, whence originates the term imbango, meaning “carried in a bango.”

(c) The boy’s kin take a pig to the girl’s home. The girl’s kin furnish another and smaller pig. Both families participate in a religious feast. This feast is called tanig, and seems to include both the bubun and the hingot of the Kiangan people.

(d) Ceremonial idleness for the boy and the girl is required during a period of five days. On the third day the couple go to one of their fields, it being taboo for either of them to stumble on the way. The trip is in one respect somewhat like the time-honored cutting of the cakes in one of our own marriage feasts to secure a prognostication as to which of the two spouses will die first. Stumbling on the part of one of the couple, however, would indicate that that one would die not only first but soon, and would probably lead to a refusal on his or her part to go ahead with the marriage.4 Arrived at the field, the girl weeds a part of it, and the boy gathers some wood from a near-by forest. Then they go home, the boy carrying the bundle of wood.

In case a bad omen of the bile sac is encountered in any of these ceremonies, the marriage is not proceeded with, since the belief is that misfortune would surely attend it.

In the case of the poor, some of the above ceremonies may be omitted; or chickens or smaller pigs may be substituted for any or all the pigs. The above programme is simply that which is to be followed out if the groom be financially able to do the “right thing.”

In case the spouses are related, two pigs—a male and a female—are sacrificed, and the ceremony called ponga is performed. The larger pig is furnished by the boy. The nearer the kinship the larger the pigs necessary for this ceremony.

At no time are any vows or promises made by the principals. At no time, except in the fourth ceremony among the Northern Ifugao, do the principals have any active part in the ceremonies. Indeed, they may not eat the meat of the pigs or chickens killed at their own wedding, for it is taboo to them.

12. Gifts to the kin of the bride: hakba.—In the Kiangan area, but in no other, expensive gifts are made to the kin of the bride. These gifts are called hakba. Only in the case of the very poorest are gifts foregone. The gifts are distributed to the girl’s kin, the nearer kin receiving the more valuable and the remote kin the less valuable articles. But the elder of a line of cousins by a single uncle, for example, receives a more valuable present, the next in age a less valuable one, the next in age a still less valuable one, and so on, the youngest getting nothing if he have many brothers and sisters. No distinction is made between male and female kin. The gifts may range from two death blankets, worth 16 pesos, to a spearhead worth 0.20 peso.

Except in the case of the poverty-stricken, there is nothing for it but to pay these presents. If they be not forthcoming, the kin of the woman seize the pig provided for the bubun ceremony, carry it home and guard it well till such time as the groom comes forward with the hakba gifts, when they return it for the ceremonial.

The following is a list of the hakba given by Dulinayan of Ambabag to Likyayu’s family of the same village on the occasion of the marriage of the son of the former to the daughter of the latter.

12 clouts at ?1 ?12
10 woman’s skirts at ?2 20
42 death blankets at ?8 336
10 woman’s girdles at ?2 20
10 war knives at ?1 10
3 iron pots at ?5 15
1 bayaÓ (blanket) at ?5 5
1 rice-wine jar at ?8 8
2 gansas at ?8 16
620 “irons” (spears, knives, axes, etc., at an average value of ?.50 each) 310
Total ?752

Dulinayan stated at the time these notes were taken that there were a number of things omitted from the above list that he had forgotten; that he counted up the amount of all the hakba immediately after the feast, and that it totaled over 800 pesos.

A groom whose property placed him in the upper rank of the middle class would spend about 128 pesos as follows on hakba:

8 death blankets at ?8 ?64
128 “irons” at ?.50 64
Total ?128

A member of the lower middle class would spend about 92 pesos, and a member of the poorer class would spend about 36 pesos.

13. Obligations incurred by those who enter into a marriage contract.—First. The initial ceremony, the mommon, puts upon the principals in a marriage contract the obligation to abstain from sexual relations with any other persons. Sexual intercourse with any other person constitutes the crime of adultery. The degree of guilt for lapses in this respect depends on the progress that has been made toward the completion of the marriage, the culpability growing progressively with the performance of each succeeding marriage ceremonial.

Second. The obligation rests on the boy and his kin to furnish the immediate family of the girl with firewood from the time at which the first ceremony is performed until the young couple separate to live in a house by themselves.

Third. For the same period of time as that embraced in the preceding paragraph, the obligation rests on the boy and his kin to keep the granaries of the family of the girl in repair, and to reroof them whenever needful.

Fourth. Each family helps the other in all that pertains to rice culture throughout the first year following the bubun ceremony. Each family furnishes the other with the pig necessary for the sacrifice at each of the three important rice-culture feasts: the kulpe (growth feast), the kolating (harvest feast), and the tuldag (granary feast).

Fifth. From the time at which the first ceremony is performed until the dissolution of the marriage, it is the duty of either spouse to furnish a pig to the other in the event of the sickness of the other or of any of his or her lineal ascendants.

Sixth. For the same period as that embraced in the preceding paragraph it is the duty of either spouse to furnish the other in the event of the death of any of the lineal ascendants of the other, a pig and a death blanket.

If the spouses be too young to attend to any of their respective obligations to each other or to the families concerned, it is the duty of their parents to attend to the discharge of the obligations.

The non-fulfilment or the non-discharge of any of the above obligations is sufficient cause for a demand for a divorce on the part of the injured spouse. The Ifugao does not consider it to be the duty of any person to leave his father and mother and cling to his wife or husband. Rather does he consider the opposite to be the duty. A good many marriages are undone between children because of the non-fulfilment of one of these obligations on the part of one of the families involved. It matters not that the spouse be so young as to be of necessity innocent.

The husband has a right to have sexual intercourse with his wife. If she does not accede to his desires, he has the right to force her if he can, but he must not strike or injure her in his attempt. If he cannot force her, he may demand a divorce. Ordinarily no man can have sexual intercourse with an Ifugao woman possessed of her reason and of normal strength, against that woman’s will.

Bugan of Baay, a very pretty girl, was married by her parents against her will to Pingkihan of Baay, a very rich but, unfortunately, a darkish and very ugly man. The marriage proceeded as far as the hingot, when it was thought wise by Pingkihan and the part of justice by the kin of the girl that the girl give her body before the proceeding went further. Pingkihan made many futile attempts to attain this purpose, but all in vain. Finally he despaired. The girl’s father, however, told him to come to his house one night. Pingkihan did so. An uncle of the girl caught her, and held her. Pingkihan tried in vain to have sexual intercourse with her. The girl’s resistance made the thing impossible. The marriage ceremonies were carried no further.

It cannot be too strongly emphasized that husband and wife are never united into one family. They are merely allies. The ties that bind each to his own family are much stronger than the ties that bind them together. An Ifugao explained this to me by putting his hands parallel, the forefingers together. The forefingers represent the two spouses; the hands the two families. Should the two families separate, should they withdraw from amity and agreement, the two spouses, the forefingers, of necessity withdraw, because they are attached to different hands.

Each succeeding feast in the consummation of the marriage carries with it an added degree of obligation and of alliance; and an added degree of culpability in cases of failure to comply with the marital obligations and in cases of crimes against the marriage.

14. The binawit relation.—Oftentimes when the spouses are children and live in different villages, as soon as they are of sufficient age to have some feeling for each other—at ten or more years, for instance—one of them goes to the house of the other. Usually the two espoused children live for a time at the house of the parents of the one, and then for a time at the house of the parents of the other. A child living thus at the house of his parents-in-law is called binawit. This matter is purely optional with the children, and is a matter of convenience to them.

The father of the girl has, however, a mean advantage, which he sometimes, though rarely, uses. If, for example, his son-in-law be a good worker, he counsels his daughter not to go to the house of her father-in-law, in order that she may hold her husband in his house to the end that the family profit by his labor. And even though the couple may have arrived at the age of separating from their elders and living in a house to themselves, the father of the girl refuses to give her her rice fields, putting the boy off from season to season with “Wait till next harvest” or “Wait till next spading time.” It is true that the boy has in such conduct on the part of his father-in-law sufficient cause to justify him in divorcing the girl; but if he divorces her, he loses all that he has spent for sacrifices and hakba gifts!

15. Property rights acquired by marriage.—Neither spouse acquires any interest in the property that the other possesses at the time of the marriage. Each has, however, the right to veto the sale or transfer of the family property5 of the other except where legal and sufficient reasons exist for such transfer. These legal and sufficient reasons are the necessity of selling the field: (a) to provide the necessary things for a funeral feast for ascendants or kinfolk; (b) to pay rightful debts; (c) to pay fines or indemnities; (d) to provide things necessary for feasts and sacrifices which are considered essential—a very liberal interpretation being placed upon the word “essential.”

Should a man sell a field for a light or trivial cause without the permission of his wife, the validity of the transfer would not be effected by the fact of the non-consent of the wife. But the wife would have recourse for damages from her husband, and might demand: (a) twice the price received for the field as a settlement on their children; (b) a divorce; (c) or both. The right of each spouse to veto the sale of the other’s property is equal and the same. This right is based principally or perhaps wholly on the ground that each spouse is the guardian of the interest of the children of the union, born or unborn.

The spouses have a joint right in all property acquired after marriage as the result of their joint labors; that is to say, any property whatever obtained except (a) by the sale of the fields of the one and the repurchase of other fields with the proceeds; (b) as the result of a fine or indemnity assessed by the family of one against some person for injury done a member of that family; (c) ceremonial gifts such as the hakba and habalag; (d) inheritance.

Remarriage of the Widowed

16. The gibu payment to terminate marriage.—Even death itself does not terminate an Ifugao marriage. It terminates neither the obligation of the widowed to the soul of the dead spouse nor the compact of alliance between the two families involved. This obligation and this compact may be terminated only by the payment known as the gibu.

The word gibu means literally “finish”. In its narrowest and probably original sense it may have meant a payment to terminate all the relations and obligations growing out of a marriage. There is another explanation. From the day of the death of a spouse till the third day after the interment (when the binokbok ceremony is performed), the kin of the deceased and the kin of the surviving spouse are on terms of theoretical enmity. They observe with reference to each other all the taboos that are observed toward enemies. This practice may have arisen from a former belief—a belief that is current among many primitive peoples today—that every death is due to sorcery or witchcraft. Whom so naturally blamed as the surviving spouse or his kin? If this be the explanation, then the gibu originated as an indemnity paid for the life of the deceased.

In the present day, the gibu in a broader sense applies to all fines and indemnities paid in connection with the abuse or termination of a marriage.

A remarriage may not properly be effected by the widowed until he has paid the kin of the dead spouse the gibu ’n di nate (gibu of the dead), or the datok, as it is specifically called. Failure on the part of the widowed to make this payment would lead to a seizure of his property or a lance throwing. In the Kiangan area this payment is not nearly so high as in other parts of Ifugao land, and for the reason that in the former area large payments are made to the kin of the woman in the hakba gifts at the beginning of the marriage. In Benaue and other areas of Ifugao the payments are about five times the amounts shown in the subjoined table.

The following is the datok payment of the Kiangan area:

Datok6

For the Wealthy

Pu-u, 1 death blanket ?8.00
Haynub, 1 pot 5.00
Haynub, 1 pot 2.00
Natauwinan 1.00
Natauwinan 1.00
Natauwinan 1.00
Natauwinan 1.00
Natuku .50
Natuku .50
Na-oha .25
Amo:
6 irons 1.50
Paduldul (offering to the soul of the dead), 1 pig 10.00
Total ?31.75

For the Middle Class

Pu-u, 1 death blanket ?4.00
Haynub, 1 pot 2.00
Haynub, 1 pot 2.00
Natauwinan 1.00
Natauwinan 1.00
Natuku .50
Natuku .50
Nunbadi .40
Na-oha .25
Amo:
4 irons 1.00
Paduldul, 1 pig 8.00
Total ?20.65

For the Very Poor

Pu-u, 1 pot ?4.00
Haynub 1.00
Natauwinan 1.00
Natuku .50
Nunbadi .40
Na-oha .25
Amo:
4 irons 1.00
Paduldul, 1 pig 5.00
Total ?13.15

It is considered an insult to the deceased and his kin for a widowed person to remarry within a year from the death of his spouse. In such an event, a larger gibu is demanded by the kin of the dead spouse. Should the spouses have had no children, double the amount usual is demanded as the datok.

If the widowed remarries without having first formally notified the kin of his dead spouse of his intention, or if he scandalously has sexual intercourse, he commits adultery according to Ifugao law, and must pay the gibu luktap (see sec. 75, 94). As a matter of fact, I do not believe that this law is often enforced. The Ifugaos say that it was nearly always enforced before the establishment of foreign government.

If the widowed be a woman, both she and the man with whom she contracts a second marriage are responsible for the gibu payment. The payment as a matter of practice is always made by the man who marries her; but it is said that, should her second husband for any reason fail to pay, the widow would be held for the payment.

In the event of the birth of a bastard child to a surviving spouse, the gibu must be paid.

The following is an instance of the non-payment of this indemnity, and the sequelae:

Piniliu of Longa married the wife of Butlong, a deceased kinsman of Timbuluy, also of Longa. Piniliu did not come forward with the usual datok payment, notwithstanding the fact that it was repeatedly demanded of him.

Finally Piniliu went to Nueva Viscaya, and there bought a carabao. Timbuluy gathered his kin and met Piniliu when he was bringing back the carabao. About two miles before they reached their home village Timbuluy and his kin seized the animal, hamstringing and slaughtering it before Piniliu’s eyes.

The act of Timbuluy may very safely be said to have been justified by Ifugao custom, and so to have been legal.

The gibu is smaller if the second spouse taken be a kinsman or kinswoman of the first.

If the living spouse should not have furnished the animal required of him (see sec. 13) and a death blanket for the funeral of the dead spouse, the value of these things is added to the amount of the gibu.7

Divorce

The following tables show some of the causes for divorce together with the payments, if any, due and to whom they are due.

17. Divorce because of necessity.—This is always achieved by mutual agreement.

Cause Fine Paid to
1. A bad omen of the bile sac of the animal sacrificed at the mommon, imbango, hingot, or bubun feasts (see sec. 17) None
2. A bad omen of the bile sac at any of the three principal rice feasts of either family during the year following the performance of the bubun ceremony (see sec. 7) None

It is considered that only ill fortune could come of a marriage which gave even a single ill omen in any of these cases. It is not permitted to provide another pig and consult the omen again in any of these feasts. But in all subsequent feasts this may be done, and does not lead to divorce. Divorce is unavoidable if the above occurs, and neither party would dream of opposing it.

18. Divorce for mutual benefit.—Childlessness is the cause. Divorce under these circumstances is considered a mutual benefit. It may be achieved by mutual consent or may be demanded by either party without liability for indemnity.

Cause Fine Paid to
1. Continuous dying of offspring None
2. Childlessness for a period of two or three years after marriage None

It is considered that the gods of animal fertility look with permanent disapproval on the union. This is not without some show of reason, since spouses who have lived together for a goodly number of years on separation and remarriage with other persons have each had children. Ifugao experience in this matter would indicate that there is such a matter as biologic incompatibility.

19. Divorce which may be demanded by either party.—Cruelty and incompatibility are the causes. The divorce may be by mutual consent or may be demanded by the injured.

Cause Fine Paid to
1. Neglect of one spouse by the other in time of sickness; the failure to “cherish” Hudhud (see below) The injured
2. Ill treatment of one of the spouses by the near kin of the other; insulting language by a father- or mother-in-law In some cases hudhud Divorcer
3. Unwillingness of either party to have sexual intercourse with the other, and continued resistance to it, when there is the ability to perform the sexual act Hudhud Divorcer
4. The lessening of the fields of one of the spouses which it was agreed in the contract of marriage would be his, without the consent of the kin of the other spouse Hudhud Divorcer
5. Permanent inability to perform the sexual act None
6. Insanity None
7. Failure on the part of one spouse or his family in any of the obligations heretofore mentioned (see sec. 13) Hudhud (not always paid) Divorcer
8. Commission of crime by one spouse against a member of the other spouse’s family Hudhud Divorcer
9. Refusal of one family to furnish the pigs necessary to complete the ceremonials; in case the spouses are related, the refusal or continued neglect of one family to produce a pig for the ponga (see sec. 11) None
10. The selling of a rice field for insufficient reasons by one spouse without the consent of the other (see sec. 14) Hudhud (also see sec. 21) Divorcer
11. Continued refusal of the father of either of the spouses to deliver the fields called for in the contract when the couple has reached a reasonable age (see sec. 10) Hudhud Divorcer
12. Continued laziness or shiftless conduct on the part of one of the spouses Usually none
13. The incurring of many debts or other obligations; the squandering of family resources Hudhud Divorcer
14. Unreasonable or insane jealousy None

20. Cases where divorce may be demanded by one party or the other.

Cause Fine Paid to
1. Desertion of lawful spouse and cohabitation with another; divorce already a fait accompli Gibu of hokwit (see sec. 94) Injured party
2. Incompatibility; continuous quarreling Hudhud The divorced
3. A change of affection or a desire not to proceed with or complete the marriage; if there be children, all the property or nearly all must be settled on them Hudhud The divorced
4. Adultery Gibu of luktap (see sec. 94) The injured

21. The hudhud, or payment for mental anguish.—This is the fine or indemnity assessed in cases of divorce at the instance of one of the parties, when uncomplicated by improper sexual relations, on the ground of mental anguish, hakit di nemnem, literally, “hurt of the mind.” In general it may be said to be assessed against that spouse who has made necessary the dissolution of the marriage, whether or not he be the one who takes the initiative in effecting the divorce. Should the divorce be effected on account of sexual crime of one of the spouses, the greater the injury the more severely the crime is punished. The hudhud is a small fine, but its payment is said effectually to banish the mental anguish. The dignity and self-importance of the Malay are of unusual proportions in comparison with his other feelings and emotions. In Kiangan district there are three grades of the hudhud: one for the kadangyang or wealthy; one for the tumuk or middle class; and one for nawatat or poor. The following are the usual amounts of the indemnity:

The Hudhud Indemnity

For the Wealthy

1 death blanket ?8.00
Total ?8.00

For the Middle Class

1 iron pot ?2.00
Natauwinan 1.00
Natuku .60
Nunbadi .40
Na-oha .25
Total ?4.85

For the Very Poor

Natauwinan ?1.00
Total ?1.00

In case of a change of mind leading to an unwillingness to proceed with the marriage, the following additional data are pertinent: Should the girl refuse to proceed with the marriage after the performance of the mommon ceremonial and before the performance of the imbango ceremonial, she pays simply the hudhud; should she refuse after the imbango, she pays the hudhud, and, unless her kin have given the boy’s kin the mangdad di imbango, she pays back the pig given her family by the boy’s family for the imbango ceremonial. The same is true, mutatis mutandis, should she refuse to proceed after the hingot ceremony. The boy may refuse to proceed with the marriage after the mommon and before the imbango without liability to damages; should he refuse after the imbango, he must pay the hudhud.

22. Divorce ceremonies.—It is only when divorce is by mutual agreement that divorce is attended by any ceremonies. The ceremonies consist of a honga, or general welfare feast, not greatly different in spirit from the ceremonials by which the couple were married. In other cases, the couple have separated prior to the formal divorce or have such ill feeling toward each other that concerted action is impossible.

23. Property settlements in case of divorce.—(1) When there are no children: Each spouse takes the property that he brought to the marriage, together with any property received since by inheritance, or solely by virtue of his relationship to his own family.

The remaining property, that is, family property such as rice fields, gold ornaments, gansas, etc., and personal property such as food stores, house furnishings, implements, domestic animals, and also liabilities that rightfully bear equally on both spouses are apportioned by two umpires, monhangdad, one chosen by each spouse. These persons make an equitable division, taking as their fee any odd articles of personal property. Thus if there be three bolos, they take one; if there be a chicken “left over,” they take it. They may not carry this appropriation to themselves too far, however.

(2) When there are children of the union: The woman has the right to the children, and nearly always exercises it. In some cases, when the mother has no rice fields and the father does have rice fields, and when the children are large enough not to need a mother’s care, by special agreement the father takes one or more of the children.

Whoever takes the children takes possession of the property that belongs to them. Usually the woman takes all the children and manages the husband’s family property that has been allotted them.

All the property of both the spouses must be assigned to their children at the time of the divorce (except the personal property). The one who takes a child takes also the property of that child and tills it. He may not dispose of it except for the purpose of meeting legitimate obligations against it. Should the child die, its brothers and sisters inherit the property.

Dependents in Relation to Family Law

24. Adopted children.—An adopted child is termed inagamid, that is, “taken to one’s self”; or it may be termed na-imbalbalayen, “made one’s child.” The word inagamid is also used to denote a slave taken into a household.

Adoptions are rather rare; for the reason, I suspect, that it is only the propertied class who make them, and that persons of this class, being well nurtured, usually have children of their own. Usually the child adopted is the son or daughter of a brother or sister, and so is really, according to the Ifugao mode of reckoning kinship, the son or daughter of the adopter. Which family the child shall be adopted from8 is a question that is hard for a man and his wife to agree upon, the wife naturally wishing to adopt from her family and the husband from his. Sometimes two children are adopted, one from each family. More often the adopted child is married to one of the family of the unrelated parent. The two parents by adoption then give or will give their children by adoption a large part or nearly all of their properties. They may not give the adopted children all. They must give something to those who would have been their heirs had they not made the adoption.

25. Servants.—The general term for servants is baal. As a rule no pay is given a servant other than his board and clothing. It is the obligation of the master, however, to furnish animals for sacrifice when the servant falls sick. It is, further, considered good form for the master to furnish animals for sacrifice in case of sickness of the servant’s father or mother; but I do not believe it to be an obligation. A servant that has been a long time with his master is called nikkop. It is an obligation resting on the master to furnish the animals and other necessities for a marriage feast for such a servant. As a rule there is no definite time set for the termination of a contract between master and servant, and such contracts are terminable at any time at the will of either party.

Sometimes an unmarried adult goes to the house of a rich man and asks to be taken as a member of the family on such a basis; but as a rule servants are children when first taken. Oftentimes a high degree of affection is felt for a faithful member of the family of this class, and if a child he is treated as a son or daughter. Sometimes a rice field is assigned to him, and he inherits as though he were the youngest son or daughter.

26. Slaves.—Before the American occupation, except in those few parts of the habitat that were prosperous and in which the obtaining of the daily ration was not a serious problem, the selling by parents who found themselves poverty stricken of one of their children was not at all uncommon. The price that a child brought his parents varied from five pigs to five carabaos. There was no difference in value between a male and a female child. A slave was most valuable at the age of eighteen or twenty. Some men were slave dealers, and carried great numbers of children to Nueva Vizcaya and Isabela. In those parts a slave was worth from five to twenty carabaos.

Among the Ifugao a slave was absolutely the property of his owner. The latter had power of life and death over him. Even if the master killed the slave it was not considered that the slave’s family would be justified in avenging the death. But a slave’s children, even though they be the children by another slave parent, were free. Frequently one of them was assigned to take the place of the father and another of the mother, and these two then became free. In the lowlands, however, the children of slaves were slaves, which accounts partly for the higher prices paid for slaves in those parts. It would be interesting to know whether the lowland (Christian) Filipino held children of slaves as slaves before his civilization and christianization by the Spaniard, or whether his practice then was that of his Ifugao brethren.

The purchase of a slave was celebrated by a very pretentious series of religious ceremonials. Oftentimes, with the Ifugao, a slave was set free, at or before the death of his master, and was given a rice field. Unless set free he was inherited by the master’s heirs as any other property. Sometimes a slave child was adopted by a childless couple as their own son or daughter.

The following “Pocahontas” story is told of a slave who lived at his master’s house in Anao. The master treated him ill, and the slave, a young man, ran away. He went to the enemy village of Alimit. The men of that town were going to kill him, hearing his Anao accent, and believing him to be one of their hereditary enemies. But a handsome girl, the daughter of a rich man, protected him with her own body and begged for his life. She afterward married him and bought his freedom. There was no actual necessity for her buying his freedom, since the last thing in the world the Anao master could have accomplished would have been the recovery of his property. She bought his freedom, however, in order that the children of herself and her husband might never be called the “offspring of a slave.”

Mention should be made, also, of those who voluntarily entered into slavery as a means of paying a debt. The word “voluntarily” in this connection needs explanation, however. A man was usually frightened into entering into servitude by the probability that if he did not he would be killed.

In parts of Ifugao, the killing of women or children in feuds was a disgraceful thing, and rarely, if ever, practiced. Instead they were made prisoners and sold for debt. Sometimes, too, women or children were carried off and held for debt. This form of collection of debts was legal, or at least semi-legal. In case the debt was paid, the captive was returned; otherwise, he was sold as a slave.

Illegitimate Children

27. Definition of illegitimacy; its frequency.—A bastard is one whose father refuses to take the mother as his legal wife for any period of time, however short. The marriage of the parents after the birth of the bastard, consequently, legitimizes the child.

Bastardy is not very frequent. It is extremely frequent, however, for a girl to become pregnant before her marriage. But in such cases her lover usually marries her. It is usually in cases of doubtful parentage and in cases in which one of the parents is of vastly different status as to wealth that a marriage does not follow pregnancy. But there are also a few cases of bastardy surrounded by other circumstances.

28. Obligations of father to bastard child.—The father of a bastard must give his child a rice field if he has a field unassigned. He must also give the mother an oban, or blanket, with which to carry the child after the Ifugao fashion on her back. The value of this gift is principally in its constituting a formal recognition of the child.

The mother’s rights are enforced by her kin. To a certain extent the same is true of the bastard’s rights. A man is never forced to marry a woman against his will—an Ifugao woman would be ashamed to ask such a thing. Such a marriage, too, would not be congenial. The mere making of a bastard a legitimate child is not of sufficient importance to justify such a marriage. Besides, the Ifugaos have a saying, kumadangyang di inlaglaga: “The bastard becomes a rich man.”

Except in the matter of division of estates, the bastard has the same rights as legitimate children. His father’s kin back him in legal procedures and avenge his wrongs as if he were legitimate. The father and his kin assist him in his marriage feast and in other feasts that may be necessary.

29. Determination of parentage.—The ordeal is employed when two or more men are accused of being the father of a bastard. The woman’s word is not sufficient to settle the parentage. The one she accuses may lay the matter at the door of another. The ordeals used are the duel with runo stalks, or eggs, and the hot water test. The woman, holding the babe in her arms, sits half way between the two controversants.

The Ifugao has the remnant of a peculiar belief that a child may be begotten by two fathers. They say, for example, that if A and B, two men, are having sexual intercourse with a woman, Z, and that if it is settled by fate that A and B each shall beget a child of the male sex, Z will conceive and the child may be the son of both of them. But if A is fated to beget a female child, and B to beget a male child, the semen of the one undoes that of the other, and the woman does not conceive. This belief is not taken seriously as a rule; but I have heard it advanced in a case of illegitimate birth.9

Accordingly, should each of the two men be struck by the eggs thrown in the duel to decide the parentage of the child, or should both be scalded by hot water, the Ifugao, formerly at least, held that the child belonged to each of them.

Reciprocal Obligations of Parents and Their Children

30. Duties of parents to children.—The Ifugao family exists principally for the child members of it. The parents are supposed to love, and do love their children more than the children love them. The parents are under the obligation to provide food and clothing for their children, and to impart to them the tribal knowledge that is necessary to a respectable and well regulated Ifugao life. The child may be forced to assist, according to his ability, in the matter of household tasks, work in the fields, and the like.

Corporal punishment may be, but very rarely is, administered. It is the mothers, strange to say, rather than the fathers, who use this form of punishment. I never saw or heard of a father whipping his child. Such a thing as a right of life and death over a child is as unthought of, as it would be abhorrent, to the Ifugao if mentioned.

The Ifugao child, even at the age of ten or twelve, begins to look upon his parents’ property as his own, or at least that portion of it that will fall to his share. A little later, he becomes independent—he does not obey his parents unless he wants to do so. He is fully as likely to command them as to obey them. And the parent is under the obligation early to allow the children to displace him from his possession. He must turn over all his property to them as soon as they are able to marry or care for themselves. Should there be but a single field, he assigns it to his eldest. From the time that the fields are turned over, the father’s offices are those of priest and counselor; the mother’s offices are those of priestess (sometimes) and of household drudge (always).

31. Obligations of children to parents.—The obligations of children to their parents are:

(a) To provide animals and other things requisite to religious feasts that are thought necessary to keep them in good health and to restore them when sick. This obligation is by far the most burdensome one, usually.

(b) To provide food and clothing for them, and to care for them when sick or helpless.

(c) To provide requisites for a funeral feast in accord with the station of the deceased.

In case the child has not yet obtained possession of his allotment, these obligations do not rest upon the child, but are a charge upon the property allotted him. If the child has obtained possession of his share in the family estate, the obligation rests upon the child himself.

The law of primogeniture holds with respect to these obligations. Civil obligations rest more heavily upon the older children and as nearly as possible in proportion to the amounts of property received from the parents. Children who receive no family property contribute very little.

One might ask how compliance with these obligations is enforced. Compliance with them is really not enforced. They are the most sacred of all duties. Not to meet them would bring upon one’s self such universal reproach as to render life unbearable.


1 When the Ifugao sacrifices a chicken or pig, he always consults the omen of the bile sac. A full distended bile sac normally placed is a good omen. An empty one, or one abnormally placed is a bad omen. Needless to say, most omens are good.

2 There is a feeling on the part of the social consciousness that marriages ought to be permanent—that it is better when such is the case. Inasmuch, however, as all the uncles and aunts consider themselves, and, in the scheme of the reckoning of Ifugao relationships are considered, in loco parentis with respect to their nephews and nieces, and almost equally bound with the parents themselves to impart instruction and give training, the removal of one parent is of little detriment to the mental and moral phase of the rearing of children.

3 I prefer using the term contract marriage to using antenuptial agreement. The latter is an occidental institution of which the reader has a definite notion. The contract marriage is different in motive and nature.

4 Stumbling is not merely a prognostication; it is also a cause. It would tend to bring about that he who stumbled would die or be unfortunate if he went ahead with the marriage.

5 Family property: for definition see sec. 33.

6 For an explanation of the Ifugao’s method of making payments and of reckoning fines and indemnities, see sec. 75.

7 The fact that an Ifugao spouse remains always a member of the family of his blood kindred, and that the ties binding him to his conjugal partner are light indeed is shown by the fact that, at his death, funeral expenses fall mainly on his father and mother and brothers and sisters.

8 The Ifugao reckons kinship by generations. Those of a contemporaneous generation are tulang, brothers and sisters, children of the preceding generation of blood relatives, grandchildren of the generation of ascendants twice removed, fathers of the succeeding generation, and so on (see appendix 1).

9 It is a Malay’s pride never to be caught without an explanation or excuse. However flimsy or absurd this may be, or perhaps in proportion to its absurdity, he advances it boldly and brazenly.

                                                                                                                                                                                                                                                                                                           

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