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Legal Definitions - concubine
Definition of concubine
The term concubine refers to a woman who lives with a man in a long-term, intimate relationship, often fulfilling the roles of a wife, but without the legal or formal status of marriage. Historically, this arrangement often implied a subordinate position for the woman, with fewer rights and protections compared to a legally recognized wife.
Key characteristics of a concubine include:
- Cohabitation: She lives with the man as if married.
- Lack of Legal Marriage: The relationship is not formally recognized by law or religious institutions as a marriage.
- Subordinate Status: In many historical contexts, a concubine had fewer rights, less social standing, and limited legal protections (e.g., inheritance rights for herself or her children) compared to a legal wife, especially in societies where polygamy was practiced and there was a primary wife.
Here are some examples illustrating the concept of a concubine:
Example 1: Ancient Royal Court
In a historical kingdom, a powerful emperor had a primary empress, legally married and recognized as the mother of his heir. However, he also maintained several other women within his palace who bore him children and served as his companions. These women, while living intimately with the emperor and raising his offspring, were considered concubines. They did not hold the same authority, social standing, or legal rights as the empress, and their children might have had limited or no claim to the throne, depending on the specific laws of that kingdom.
This example illustrates a concubine as a secondary or inferior partner within a polygamous-like arrangement, lacking the full rights and privileges of a primary, legally recognized wife.
Example 2: European Aristocracy (Pre-Modern Era)
During the 17th century in France, a wealthy duke was legally married to a duchess from a prominent family, a union arranged for political and financial reasons. Separately, he maintained a long-term relationship with a woman of lower social standing, who lived in a separate residence provided by him and bore him several children. While she was publicly known as his mistress and companion, and he supported her and their children, she was never legally married to him. Consequently, she had no legal claim to his aristocratic title, property, or inheritance upon his death, and her children were considered illegitimate in the eyes of the law.
This scenario demonstrates a concubine as a woman who cohabits with a man to whom she is not legally married, often due to social barriers or existing marital ties, resulting in a lack of legal recognition and rights.
Example 3: Historical East Asian Household
In a traditional Chinese household centuries ago, a prosperous merchant had a principal wife who managed the household and whose children were the primary heirs. He also brought a younger woman into his home to serve as a companion and to bear more children. This second woman lived with him, performed wifely duties, and was part of the family structure, but she was never formally married in the same way as the principal wife. She held a lower status, had less authority within the household, and her children's inheritance rights were secondary to those of the principal wife's children.
This example highlights the historical role of a concubine as a secondary wife, often in a polygamous context, who performed marital functions but lacked the full legal and social standing of the primary wife, particularly concerning family authority and inheritance.
Simple Definition
A concubine is a woman who cohabits with a man as if married, but without the legal status of a wife. Historically, particularly in polygamous systems, she was considered a secondary or inferior wife who lacked the full legal rights and protections afforded to a primary wife, such as inheritance or dower rights.