宋代訴訟中的再嫁婦女──以《名公書判清明集》趙宗姬案為例

Remarried Women in Song-Dynasty Litigation: The Case of Zhao Zongji in the Qingming Ji

《名公書判清明集》卷九〈戶婚門〉「已嫁妻欲據前夫屋業」（第一案）、「諸定婚無故三年不成婚者聽離」（第二案）兩件判語，皆牽涉一位出身宗室的再嫁婦女趙宗姬。第一案內容為趙宗姬與貢士劉有光婚後，以劉為「接腳夫」為由，要求前夫魏景宣家分與財產。第二案內容則是陳鑑控告劉有光不履行義女魏榮姐婚約，而魏榮姐乃趙宗姬與前夫所生之女。
爭產是第一案興訟的主要目的，當事人為此提出各種證據。這也可以說明像趙宗姬這樣擁有特殊身分與社會地位的女性，比起一般民眾，她可以取得較多的資源，投入爭產訴訟的行列中。而在第二案中，即使女方提出各種詭辯之詞，地方官也是以一般的處理方式，要求男女雙方和解而已。由此可知，南宋的地方官，對於此類民事案件，是有模式可循的。
透過兩案訴訟，我們可以看到當事人的訴訟心態與訴訟策略，從中認識當代民眾訴訟的真實樣態，我們得以深入了解再嫁婦女的特殊情況。再嫁婦女不但可以進行爭產訴訟，而地方官也必須正視她們的權益，秉公處理。即使部分地方官在判語中表明不贊成婦女再嫁的基本態度，但對於進行訴訟的再嫁婦女，他們仍然做出合法、合理的判決。

The two judgments of Chapter 9,“Households and Marriage,”of Minggong Shupan Qingming Ji名公書判清明集(A Collection of Enlightened Judgments by Famous Officials) are entitled“The remarried wife wants to share the late husband’s house property”(yijiaqi yu ju qianfu wuye已嫁妻欲據前夫屋業) (the first case) and“Those who are engaged and do not marry for three years without reason listen to the divorce”(Zhu dinghun wugu sannian buchenghun zhe tingli諸定婚無故三年不成婚者聽離) (the second case). Both involve Zhao Zongji趙宗姬, a remarried woman from a clan family. The first case involves Zhao Zongji’s request to the family of her late husband Wei Jingxuan魏景宣that they share the property after her marriage to Liu Youguang劉有光; she makes the request on the grounds that Liu was a jiejoufu接腳夫(a husband taken into a widow’s home shortly after the husband’s death). In the second case, Chen Jian陳鑑accuses Liu Youguang of not fulfilling the marriage contract of his righteous daughter Wei Rongjie魏榮姐, who was the daughter of Zhao Zongji and her late husband.
Property dispute was the main focus of the first case, and the parties submitted various kinds of evidence to this end. This can show that a woman with a special identity and higher social status like Zhao Zongji could obtain more resources than the general public and join in property litigation. In the second case, even if the woman’s side engaged in various sophistries, the magistrate simply asked the man and the woman to reconcile in a general way. It can be seen from this that the magistrates of the Southern Song dynasty had a pattern to follow for such civil cases.
Through the litigation of these two cases, we can perceive the mentality and strategies towards litigation of the involved parties, understand the true situation of contemporary people’s litigation, and more deeply comprehend the special situation of remarried women. Not only could remarried women file lawsuits over property, but magistrates also had to face up to their rights and deal with them impartially. Even if some magistrates expressed their fundamental disapproval of a woman’s remarriage in their verdicts, in the case of a remarried woman initiating a lawsuit, they still made a legal and reasonable judgment.