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If we look at the laws of Peculium in both Roman and Jewish law, it seems likely that women were not only treated, but seen as property of their husbands or fathers. There are some laws that give little agency - like the ability to own property gifted by a husband in Jewish law.  Still, not much agency can be found in the 1st century legislation as a whole.

To put it bluntly, women, to 1st century Judean legislation (and maybe men), were akin to cattle and slaves.

But then again, the bible does state that women have something cattle-like. Solomon describes his bride, for example, as thus:
"How beautiful you are, my darling— how very beautiful! Your eyes are like doves behind your veil. Your hair is like a flock of goats streaming down Mount Gilead. Your teeth are like a flock of newly shorn sheep coming up from the washing; each has its twin, and not one of them is lost.…"  (Song of Solomon, 4:1-2)

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It is important to realize that the idea of women as property is ancient. Placed within the context of history, this idea is not singular. Similarly to Europe, we find the lived concept of 'women as cattle' all over the world in the 1st century.

Even in the Netherlands, women were not allowed to own a bank account - and thus their own funds - until 1956.

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What we must understand, however, is that thoughts do, principally, dictate law. That is to say, they reveal what their makers thought.

It is not inconceivable to think that the person (or deity) or people who have created Roman and Jewish law thought about women the 'negative' way that we can read in their legislations. But thoughts are fleeting, and  laws change a lot less fast or frequent.

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Yet like cattle, law does not dictate how a man should treat his wife / daughter / female slave apart from this. Law does not dictate thoughts, and only partially actions. While no examples have been found to date, it is possible that women were treated better than these laws predict.

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Where can we find Roman legislation on women?

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Where can we find Roman legislation on women?

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The foundation of Roman law is found in the shape of the 12 Tables, finalized in 449 BCE. Before this time a civil law (based on religion) existed only for Roman citizens. The tables, on the other hand, detailed laws for the entirety of the Roman kingdom / empire.

Of these 12 Tables, the tables 5, 6 and 10 mention women. Tables 5 and 6 detail rules on property and guardianship, whereas the 10th table features religious laws. These tables will form the basis for most of the later laws concerning women.

Moving closer to the 1st century we  witness the rise of more flexible lawmaking. In addition to old and formal laws made in Rome, Praetors (the ministers of the time) of 201-27 BCE were allowed to create laws.

Starting around the 1st century, we see the arrival of what is referred to as 'classical roman law'. These laws, referred to as edicts, were made by jurist working under Praetors. However, most of these edicts can only be traced back to after 100 CE.

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What did the 1st century Judean think about women?

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What did the 1st century Judean think about women?

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While it is very difficult to speculate what people of more than 2000 years ago thought about women , we can trace some of their thoughts by looking at women-specific legislation.

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What does law say about attitudes towards women?

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What does law say about attitudes towards women?

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Both the legislation of the Roman-Judaic empire and Judaism contain rules and regulation regarding women. This women-specific legislation can empower them by granting women agency.

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Why 'women-specific legislation' and not 'women's rights'?

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Why 'women-specific legislation' and not 'women's rights'?

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This is due to the synonymity of the term women’s rights in use to agency-giving and women-empowering legislation, whereas this thesis shall research not only these laws but all laws regarding women in Roman-Judaic and Jewish law.

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In coining the term agency, it should be made clear that this means 'the ability to act independently and by one’s own choice. ' and can apply to both men in women.

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Agency in women-specific legislation is found, for example, in the ability to inherit, divorce, or own property.

It is in this law induced agency, or lack thereof, that we can find the general attitude towards women as held by the laws of Roman-Judea of the 1 st century CE.

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Using a translation of the 3 tables that mention women, the tables say these of guardianship, ownership, and religion for women:

“Female heirs should remain under guardianship even when they have attained the age of majority (...)"  (Mellor, Ronald (2013). The historians of ancient Rome: an anthology of the major writings. Routledge. ISBN 978-0415527163.)

“Where a woman, who has not been united to a man in marriage, lives with him for an entire year without interruption of three nights, she shall pass into his power as his legal wife.” (ibid.)

“Women shall not during a funeral lacerate their faces, or tear their cheeks with their nails; nor shall they utter loud cries bewailing the dead.” (ibid.)

Interestingly, most laws concerning property and ownership of women, mention them in the same breath as minors and slaves of both genders, limiting their rights. The best example of this can be found in the law of Peculium.

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When scholars research the law of Peculium - the right to own pocket money that are only yours - much attention has been given to slaves in this context.

More importantly, women, like slaves and cattle, were seen as capital of their own.

Like slaves and minors, women were, according to roman law, not allowed to have their own funds. Instead, all money and all items - even if won, gifted or worked for by their own hands - belonged to the head of the family, master or husband.

Yet, the law of peculium allowed for  a head of the family to gift and allow a slave, minor, or his wife, to own use his money as peculium. In this law,  the pocket money remained the property of the family head, but was allowed to be spend by another.

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Where can we find Jewish legislation on women?

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Where can we find Jewish legislation on women?

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Unlike the Roman empire, Judaism has a separate book of law about women. This book is called Nashim (Hebrew - "wives"), and details only women-specific legislation.

As part of the larger lawbook Mishnah, the Nashim has separate books are about divorce, conversion, marriage, and responsibilities of women.

(image source: Mishnah and Talmud – Merrimack Valley Havurah (wordpress.com))

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The most famous laws contained within the Nashim are about divorce. The gettin details how a divorce-document, a gett, can be drafted for a man to divorce his wife. For its time, the document was rather sophisticated.

One thing to be said about the gett is that it will,  quite literally, let the wife off her husband's religious rights over her. Furthermore, should she wish to marry another man, the laws of adultery - which would normally warrant the death penalty - do no longer apply.

Interestingly, a wife cannot use a gett to divorce her husband. The gett does provide room for detailing the separation of properties, money, and the custody of children.

It is important to remember that the gett only constitutes a divorce under Jewish law. If a couple is still married under civil law, a separate procedure may still be needed to finalize the divorce.

(image, 'Le Get' source: By Moshe Rynecki (1881-1943) - Rynecky.org, Public Domain, https://commons.wikimedia.org/w/index.php?curid=69894246)