也谈“大女”

发布时间：2018-03-15 06:19

本文选题：吐鲁番文书　切入点：大女　出处：《敦煌学辑刊》2012年03期 　论文类型：期刊论文

【摘要】：在吐鲁番出土的文书中经常可见"大女"一词,有些学者认为:它指"作为户主的寡妇或者单身女性,可能也有一些是替代外出服役的丈夫或儿子而临时作为户主的。她们承担着一定的赋税责任,同时也有一定的机会与外界进行交往。"笔者认为,"大女"主要指家庭子女辈份中排行为长的女性。随着年龄的增长,她可以是幼女、成年女性、已婚妇女,也可以是寡妇。称成年女子为"大女",这是当地社会上对这类女性约定俗成的一种称谓,不是什么能做"户主"的寡妇或"单身女性"的代名词。在唐代社会里,家中若有男夫,不管在役、在任,注册户籍时必须登记著录,不得隐瞒漏写,反之,将获"脱户"之罪,从"漏口法"治罪。所以,"大女"也不是什么"替代外出服役的丈夫或儿子而临时作为户主的"女性的代名词。依照唐律,对于没有男夫的家庭,让寡妇充当户主,这是国家从征派赋税的角度赋予女性的社会责任和地位。吐鲁番出土的"大女"材料表现出当地在这方面的乡规民约与唐朝的律法完全一致。
[Abstract]:The term "eldest daughter" is often found in the documents unearthed in Turpan. Some scholars believe that it refers to "widows or single women who are heads of household." There may also be some temporary heads of household instead of serving husbands or sons. They have a certain tax liability. At the same time, there is also a certain opportunity to socialize with the outside world. "the author believes that the" eldest daughter "mainly refers to the woman in the family who is the oldest in the generation. As she grows older, she can be a young woman, an adult woman, a married woman. They can also be widows. They call adult women "big girls." this is a stereotyped term for such women in local society. It is not a synonym for widows who can be "heads of households" or "single women." in the Tang Dynasty, If there is a male husband in the family, whether in service or in office, he must register a description when he registers his household registration, and he must not conceal or omit it. On the contrary, he will be charged with the crime of "leaving his household". Therefore, the term "eldest daughter" is not a synonym for a woman who "replaces a husband or son who is temporarily the head of the household." according to Tang Law, for families without male husbands, widows are allowed to be heads of households. This is the social responsibility and status given to women by the state from the perspective of taxation. The "eldest daughter" material unearthed in Turpan shows that the local regulations in this respect are in full conformity with the laws of the Tang Dynasty.
【作者单位】：陕西师范大学历史文化学院;
【基金】：司法部国家法治与法学理论研究项目“4-14世纪吐鲁番地区乡规民约研究”(07SFB2011)
【分类号】：H13

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