Dowry

Comprehending laws and contracts is impossible, unless we first learn the meaning of the words and phrases they contain.

Moderator: notmartha

Post Reply
User avatar
notmartha
Posts: 896
Joined: Mon Jul 22, 2013 1:16 pm

Dowry

Post by notmartha »

The concept of a dowry [not to be confused with dower] may seem outdated, but it could be a useful marriage tool in the event of an unfortunate divorce, as the wife simply leaves with the property she came with. Just food for thought...

BIBLE

Hebrew Strong's #2065, zebed, is found 1 time, translated in the KJV as “dowry” in the following verse:
Genesis 30:20 - And Leah said, God hath endued me with a good dowry; now will my husband dwell with me, because I have born him six sons: and she called his name Zebulun.
Hebrew Strong's #4119, mōhar, is found 3 times, translated in the KJV as “dowry” in the following verses:
Genesis 34:12 - Ask me never so much dowry and gift, and I will give according as ye shall say unto me: but give me the damsel to wife.
Exodus 22:16-17 - And if a man entice a maid that is not betrothed, and lie with her, he shall surely endow her to be his wife. If her father utterly refuse to give her unto him, he shall pay money according to the dowry of virgins.

1 Samuel 18:25 - And Saul said, Thus shall ye say to David, The king desireth not any dowry, but an hundred foreskins of the Philistines, to be avenged of the king's enemies. But Saul thought to make David fall by the hand of the Philistines.
Easton's Bible Dictionary, Matthew George Easton, 1897
Dowry

(mohar; i.e., price paid for a wife, (Gen 34:12; Ex 22:17; 1Sa 18:25)), a nuptial present; some gift, as a sum of money, which the bridegroom offers to the father of his bride as a satisfaction before he can receive her. Jacob had no dowry to give for his wife, but he gave his services (Gen 29:18; Gen 30:20; Gen 34:12).
Manners and Customs of Bible Lands, Fred Wight, 1953
The Marriage Dowry

Reason For Dowry For Bride's Family

In the Orient, when the bride's parents give their daughter in marriage, they are actually diminishing the efficiency of their family. Often unmarried daughters would tend the flock of their father (Exod. 2:16), or they would work in the field, or render help in other ways. Thus upon her marriage, a young woman would be thought of as increasing the efficiency of her husband's family and diminishing that of her parents. Therefore, a young man who expects to get possession of their daughter must be able to offer some sort of adequate compensation. This compensation was the marriage "dowry."

It was not always required that the dowry be paid in cash, it could be paid in service. Because Jacob could not pay cash, he said, "I will serve thee seven years for Rachel" (Gen. 29:18). King Saul required the lives of one hundred of the enemy Philistines as dowry for David to secure Michal as his wife (1Sam. 18:25).

Reason For Dowry For The Bride Herself

It was usually customary for at least some of the price of the dowry to be given to the bride. This would be in addition to any personal gift from the bride's parents. Leah and Rachel complained about the stinginess of their father Laban. Concerning him they said, "He hath sold us, and hath also quite devoured the price paid for us" (Gen. 31:15, A. R. V. margin). Laban had had the benefit of Jacob's fourteen years of service, without making the equivalent of at least part of it as a gift to Leah and Rachel.

Since a divorced wife in the Orient is entitled to all her wearing apparel, for this reason much of her personal dowry consists of coins on her headgear, or jewelry on her person. This becomes wealth to her in case her marriage ends in failure. This is why the dowry is so important to the bride, and such emphasis is placed upon it in the negotiations that precede marriage. The woman who had ten pieces of silver and lost one was greatly concerned over the loss, because it was doubtless a part of her marriage dowry (Luke 15:8, 9).

Special Dowry From The Bride's Father

It was customary for fathers who could afford to do so to give their daughters a special marriage dowry. When Rebekah left her father's house to be the bride of Isaac, her father gave her a nurse and also damsels who were to be her attendants (Gen. 24:59, 61). And Caleb gave to his daughter a dowry of a field with springs of water (Judges 1:15). Such was sometimes the custom in olden times.
DEFINITIONS

Webster’s Dictionary of the English Language, 1828
DOWRY, noun [See Dower. This word differs not from dower. It is the same word differently written, and the distinction made between them is arbitrary.]
1. The money, goods or estate which a woman brings to her husband in marriage; the portion given with a wife.
2. The reward paid for a wife.
3. A gift; a fortune, given.
DOWER, noun [Gr., a gift; to give. Latin ]
1. That portion of the lands or tenements of a man which his widow enjoys during her life, after the death of her husband. [This is the usual present signification of the word.]
2. The property which a woman brings to her husband in marriage.
3. The gift of a husband for a wife.
Ask me never so much dowry and gift. Genesis 34:1.
4. Endowment; gift.
How great, how plentiful, how rich a dower
Bouvier’s Law Dictionary, 1856
DOWRY.

Formerly applied to mean that which a woman brings to her husband in marriage; this is now called a portion. This word is sometimes confounded with dower. Vide Co. Litt. 31; Civ. Code of Lo. art. 2317; Dig. 23, 3, 76; Code, 5, 12, 20.
Black’s Law Dictionary, 1st Edition, 1891, 2nd Edition, 1910
DOWRY.

The property which a woman brings to her husband in marriage; now more commonly called a “portion.”

By dowry is meant the effects which the wife brings to the husband to support the expenses of marriage. Civil Code La. art. 2337.

This word expresses the proper meaning of the “dos” of the Roman, the “dot” of the French and the “dote” of the Spanish, law, but is a very different thing from “dower” with which it has sometimes been confounded.

By dowry, in the Louisiana Civil Code, is meant the effects which the wife brings to the husband to support the expenses of marriage. It is given to the husband, to be enjoyed by him so long as the marriage shall last, and the income of it belongs to him. He alone has the administration of it during marriage, and his wife cannot deprive him of it. The real estate settled as dowry is inalienable during marriage, unless the marriage contract contains a stipulation to the contrary. 6 La. Ann. 786.
The Century Dictionary, an Encyclopedic Lexicon of the English Language, 1895
dowry

1. The money, goods, or estate which a woman brings to her husband in marriage ; the portion given with a wife ; dower.

2. Any gift or reward in view of marriage.

3. That with which one is endowed; gift; endowment; possession.
Ballentine’s Law Dictionary, James A. Ballentine, Third Edition, 1969
dowry.

A term of several meanings, dependent upon the historical source, but not the same as the dower of the common law. The “dowry” of biblical times bore no resemblance to common-law “dower,” but was a gift made by the suitor to the father or other near relatives of the intended bride. A similar custom prevailed among the Greeks, but Aristotle states that it had come to be looked upon as a relic of barbarism in their ancestors, as it was virtually a purchase of their wives. Neither is it like the dower, called “dot” of the Roman law (or the “dot” still in France), which was the marriage portion which the wife brought to her husband, in land or money. The French “dot” (pronounced “doe") with its attraction to foreign suitors of American heiresses, is the origin of the slang word “dough” for property. State ex rel. Corporation Coin. v Dunn. 174 NC 679. 94 SE 481.
See dotal property.
Black’s Law Dictionary, 4th Edition, 1968
DOWRY.

The property which a woman brings to her husband in marriage; now more commonly called a "portion."

This word expresses the proper meaning of the "dos" of the Roman, the "dot" of the French, and the "dote" of the Spanish, law, but is a very different thing from "dower," with which it has sometimes been confounded. See Co.Litt. 31; Dig. 23, 3, 76; Code 5, 12, 20; Buard v. De Russy, 6 Rob., La., 111; Gates v. Legendre, 10 Rob., La., 74; Cutter v. Waddingham, 22 Mo. 254.

By dowry, in the Louisiana Civil Code (see article 2337), is meant the effects which the wife brings to the husband to support the expenses of marriage. It is given to the husband, to be enjoyed by him so long as the marriage shall last, and the income of it belongs to him. He alone has the administration of it during marriage, and his wife cannot deprive him of it. The real estate settled as dowry is inalienable during marriage, unless the marriage contract contains a stipulation to the contrary. De Young v. De Young, 6 La.Ann. 786.

Black’s Law Dictionary, 5th Edition, 1979
Dowry.

The property which a woman brings to her husband in marriage; also sometimes called a "portion." See Dos.
Dos.

In Roman law, dowry; a wife's marriage portion; all that property which on marriage is transferred by the wife herself or by another to the husband with a view of diminishing the burden which the marriage will entail upon him. It is of three kinds.

- Profectitia dos is that which is derived from the property of the wife's father or paternal grandfather.
- That dos is termed adventitia which is not profectitia in respect to its source, whether it is given by the wife from her own estate or by the wife's mother or a third person.
- It is termed receptitia dos when accompanied by a stipulation for its reclamation by the constitutor on the termination of the marriage.

In old English law, the portion given to the wife by the husband at the church door, in consideration of the marriage; dower; the wife's portion out of her deceased husband's estate in case he had not endowed her.
Dot.

(A French word, adopted in Louisiana.) The fortune, portion, or dowry which a woman brings to her husband by the marriage.

WEX Legal Dictionary
Dowry

The money and personal property a bride brings to her new husband to support and maintain the marriage. Compare: dower
MISCELLANEOUS CITATIONS

BRADLEY et al. v. CLAFLIN et al. December 9, 1889.
By the Revised Civil Code of Louisiana, art. 3319, (3287,) 'the wife has a legal mortgage on the property of her husband in the following cases: (1) For the restitution of her dowry, and for the reinvestment of the dotal property sold by her husband, and which she brought in marriage, reckoning from the celebration of the marriage; (2) for the restitution or reinvestment of dotal property which came to her after the marriage, either by succession or donation, from the day the succession was opened or the donation perfected; (3) for the restitution or reimbursement of her paraphernal property.' We understand this article as declaring the existence of such mortgage or lien from the time when the dotal or paraphernal property of the wife was received by the husband.
Post Reply