A more ancient institution, the gamos di' agoras, whereby the future husband had to pay for the acquisition of his wife, was replaced by the gamos di' engyes. The engye, or pledge, was simply the contract between the wife's kyrios and her future husband. It was contracted by mutual promise that the woman in question would be handed over by the former and would correspondingly be honoured as his spouse by the latter. Handing her over was, however, a completely separate act. The marriage had substance only if there was cohabitation. On the other hand, for there to be cohabitation worthy of marriage and not to be regarded merely as concubinage, it was essential that the pledge should have been given in advance. At least from the time of Solon, and thereafter, the pledge was a sine qua non for the legality of the marriage. Concubinage (pallakeia), though obviously lower than marriage, was nevertheless socially acceptable. There was in fact a legal framework to define the relation of the concubine and the children she brought into the world with her kyrios.

Divorce in ancient Athens could be due to the wish of one of the spouses and in certain cases to the wish of a third party. If the husband turned his wife out, this was a case of apopempsis; if the wife left the conjugal hearth, it was apoleipsis. A peculiarity of Athenian law was the case of aphaeresis, which could be exercised by the wife's father, thus terminating the marriage. In other cases, aphaeresis was connected with the epikleroi. The concept of adultery in ancient Athens was not the same as it is today: in order for adultery to be well founded, it was not necessary that the woman be married. Wives had a duty to be faithful to their husbands. Before marriage or during widowhood they owed fidelity to their kyrioi. Adultery was regarded as a crime that could entail the chief of the family taking the law into his own hands.


| introduction | structures | law | values | Archaic Period

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