Page:The evolution of marriage and of the family ... (IA evolutionofmarri00letorich).pdf/162

 the bargain may be concluded several years before the delivery of the merchandise. If the girl is still a virgin, not emancipated, but beyond the age when it is considered necessary to commence the special rôle reserved to her sex, the father has the right to impose marriage on her.

The orphan girl can also be married by the authority of the Cadi, if she is more than ten years old, and if there is reason to fear that she may lead an irregular life.

In all other cases the consent of the girl is necessary. This circumstance, let us especially note, constitutes a real moral progress beyond savage polygamy, and we shall presently see that it is not yet realised in Kabyle. The consent of the girl is given in two ways, according to whether she is a virgin or not. This interesting particular must be frankly declared during the negotiation; the Koran commands it. If the girl is a virgin, it is understood that modesty should deprive her of speech, and in order to signify yes or no, she must have recourse to the language of signs. She can, for example, show her repugnance by covering her face, and her content by smiling. But if she is no longer virgo intacta she is allowed to speak freely.

We have seen that, according to the Koran, the woman owes her master an absolute submission; and he, in return, whatever may be the number of his wives, binds himself morally not to leave any one of them "as in suspense." This precept of the sacred code is specifically carried out. Every Mussulman owes to his wives an equal share of his nights, and she who has had the favour of the night has a right to the following day also.

When the husband buys a fresh wife he is indebted to her seven successive nights if she is a virgin; for three only, in a contrary case. He has the right to refuse greater exactions than this.

But the husband has other obligations. He must supply food to his wife, even if she is afflicted with a voracious appetite. This last case is considered as a calamity, but