Part 3

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 P1 P12 10 woman's skirts at P2 20 42 death blankets at P8 336 10 woman's girdles at P2 20 10 war knives at P1 10 3 iron pots at P5 15 1 bayaó (blanket) at P5 5 1 rice-wine jar at P8 8 2 gansas at P8 16 620 "irons" (spears, knives, axes, etc., at an average value of P .50 each) 310 ==== Total P752

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 P8 P64 128 "irons" at P.50 64 ==== Total P128

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 property [9] 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:

DATOK [10]

For the Wealthy

Pu-u, 1 death blanket P8.00 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 P31.75

For the Middle Class

Pu-u, 1 death blanket P4.00 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 P20.65

For the Very Poor

Pu-u, 1 pot P4.00 Haynub 1.00 Natauwinan 1.00 Natuku .50 Nunbadi .40 Na-oha .25 Amo: 4 irons 1.00 Paduldul, 1 pig 5.00 ====== Total P13.15

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. [11]

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 Hudhud of sickness; the failure to "cherish" (see below) The injured 2. Ill treatment of one of the spouses by the In some near kin of the other; insulting language cases by a father- or mother-in-law 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 Hudhud Divorcer family in any of the obligations (not always heretofore mentioned (see sec. 13) paid) 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 Hudhud Divorcer insufficient reasons by one spouse without (also see the consent of the other (see sec. 14) sec. 21) 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 Gibu of Injured cohabitation with another; divorce already hokwit party a fait accompli (see sec. 94) 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 The luktap injured (see sec. 94)

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 P8.00 ===== Total P8.00

For the Middle Class

1 iron pot P2.00 Natauwinan 1.00 Natuku .60 Nunbadi .40 Na-oha .25 ===== Total P4.85

For the Very Poor

Natauwinan P1.00 ===== Total P1.00

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.