Li Hongzhang, a heavy minister of the late Qing Dynasty, once had Li Jingfang, the son of his younger brother, as his heir, and after that, Li Hongzhang gave birth to his own son, but he still took his heir Li Jingfang as the eldest son, so Li Hongzhang's behavior of treating his heirs well was often praised by self-media articles, saying how benevolent and righteous he did not treat his heirs coldly, and how he regarded his heirs as his own.
In fact, most of the authors of these articles do not know that the Great Qing Law clearly stipulates: "If a child is born after the establishment of an heir, his family property shall be divided equally with the original son." "——That's why Li Hongzhang is so embarrassed.
Obviously, Li Hongzhang's good treatment of his heirs and the division of family property for his heirs are just doing things according to the law; after all, with his social status, life experience, and character quality, he will not return his heirs to his life and leave political enemies with excuses to attack him.
Besides, in Li Hongzhang's social position, even if there is no step-by-step, the nephew will get his help and promotion, not to mention the succession!
So the question is, in ancient times, after childlessness, a biological son was born, what is the status of the heir? How do you deal with yourself?
This requires a specific analysis of specific issues, and on this issue, the provisions of the Great Qing Law cannot certainly be applied to the next five thousand years.
The heirs that prevailed in ancient China were only truly standardized in the Tang Dynasty, and before that, they could only rely on traditional etiquette and social opinion to restrain them, so before the Tang Dynasty, when the heirs gave birth to their own sons, most of the heirs would be returned to the Bunsheng.
Known as the originator of acupuncture, compiling books such as "The Century of Emperors of the Dynasty", and having a great reputation in the history of medicine and literature, Huangfu Yan of the Jin Dynasty once passed on to his uncle, and after his uncle gave birth to his own son, Huangfu returned to his sect.
The Eastern Jin Dynasty Sikong He Xun also succeeded his son He Xun as his son, and after giving birth to his own son, he sent He Xun back to his sect. He Xun was a Confucian at the time, and his behavior was a benchmark for the world to follow. Therefore, from He Xun's behavior, it can be seen that at that time, the return of heirs after giving birth to parents and children was a phenomenon generally recognized by the entire society.
Southern Qi Yufu Hou Xiaozixiang, the fourth son of Xiao Zhao, the emperor of Qiwu, was succeeded by his uncle Xiao Jiao the Prince of Yuzhang, and later Xiao Ling gave birth to his own son, but he did not dare to let the prince return to the sect, and still took Xiaozixiang as his son.
However, the ministers thought that it was not in line with the social conditions at that time, and some of their own sons did not allow their heirs to return to the sect, and also used the heirs as the queen to "really establish the religion of concubinage", so they asked the emperor to allow Xiaozixiang to return to the sect, and Emperor Qi Wu allowed it, and Xiaozixiang returned to the sect to become the emperor's son again.
Zheng Yi, a classmate of Emperor Yang Jian of Sui, also returned to the sect after the succession, he was first passed to his grandfather Zheng Wenkuan and Princess Pingyang of Wei, Princess Pingyang was the sister of Zhou Taizu Yuwen Taiyuan, because of this relationship, Zheng Yi was very close to the Yuwen clan, and later Zheng Wenkuan gave birth to two biological sons, and Zheng Yi returned to the family.
After arriving in the Tang Dynasty, the imperial court began to clearly stipulate the act of succession in the law, and at the same time made clear provisions on the situation of parenting after succession:
Article 14 of the Tang Law Shun Shu Shu Tang Shun Shu Shu Tang T
Adopted sons, those who have no children and give up their adopted parents, two years' imprisonment. If there are no sons and no children in their own lives, those who wish to return them, listen to them.
"Shu" discussion: According to the household order: "Those who have no children, listen to those who are of the same sect as Zhaomu." He was adopted, but he was given up for two years. If the adoptive parents have children and the parents have no children, those who wish to return the birth and listen. That is, neither family has children, and it is okay to live in it. If the foster has a child of his own and although he has no child, he is unwilling to keep it, and he wants to return his own life, let his adopted parents.
To summarize this decree simply, it contains three points:
First, if an adopted heir abandons his parents at will, he shall be imprisoned for two years;
Second, in the two cases where the heir's parents have a biological child or the biological parents have no children, if the heir wants to return to the sect, it is allowed. If neither family has a son, the heir should be left or returned, and the opinion of the heir himself should be adopted.
Third, in both cases, the heir's parents want to return the heir to his own life and are allowed to return the heir to his or her own life.
It is clear that this decree is not equal, it is made from the perspective of patriarchy, and the heirs can be returned with impunity by the heirs, and the rights of the heirs are not guaranteed by law.
Therefore, under such legal provisions, once the heir's parents give birth to a parent, there is a high probability that the heir will be returned to the sect.
Of course, it is not absolute, because from the Tang Dynasty epitaph, it is found that there are many parents and children who are young and specialize in inheriting older heirs to set up a household, so there is no absolute answer to whether the heirs of the Tang Dynasty should return to the family after their parents give birth to their parents.
Song inherited the Tang Law, completely inheriting the legislation of the Tang Dynasty against the heirs, but in fact, the mainstream trend in society is still to let the heirs return to the sect after giving birth to a parent.
For example, the most famous Song Zhenzong raised Zhao Yunrang, and after giving birth to a parent, he let Yunrang return to the sect; Zhenzong's son Renzong also raised Yun's son Zhao Zongshi and also returned Zongshi before the birth of his son.
There was also the son of the sect, Zhao Shuguo, originally the second son of Zhao Kezhong, who was appointed by edict to succeed Zhao Keji (xiòng), and Zhao Keji later gave birth to several own sons, and Zhao Shuguo's brother Zhao Shuguo was also the emperor of Shangshu, requesting that his brother be returned to the sect and obtain the approval of Shenzong.
It can be seen from the examples that in the Northern Song Dynasty, having parents and children to return to the sect is still a phenomenon generally recognized by the entire society.
It may be that there were more heirs returning to the sect and causing disputes, and the "Song Penal System" further improved its shortcomings and guaranteed the legal status of heirs in vulnerable groups, and Emperor Zhezong's seventh year (1092) stipulated that certain rights were given to heirs who were returned to the sect:
Those who righteously adopt children and grandchildren, who leave their adopted homes together, and have no surname to return to, obey the adopted surname. If they have lived together for ten years, they will still be ordered to give property to the governor of the county. Those who are homeless despite having a surname are allowed to do so. ("Song Hui to Compile Manuscripts" Food Goods 61)
In other words, if the heir has completed ten years of succession and is sent back to the sect by the heir's parents, he will be judged by the government to receive a certain amount of property as compensation.
On October 27, the fourth year of the Southern Song Dynasty (1177), the imperial court further legislated to give the status of the heir a real guarantee in law:
Since now raising the son of Zhaomu of the same sect, after the death of his husband, his wife is not allowed to be returned unreasonably. If the adopted son destroys the family property and cannot be served, it is really obvious, and after hearing the adoptive mother complain to the magistrate, the close relative and the honorable elder have verified the truth, and returned it according to the article, and still have a public heir. (History of Song, vol. 125, Rite 28, Rite 4)
This decree stipulates that as long as the heir is not wrong, the breadwinner cannot be repaid unreasonably, and it cannot be said that if you do not want to raise it, you will not raise it, and the time when you want to drive the heir away at will is over.
Therefore, in the Southern Song Dynasty, giving birth to parents and children without returning heirs gradually became the mainstream perception of society.
Changhua had a Zhang brother, neither of them had a son, Zhang Daxian held the son of the stepfamily as an heir, and not long after the step, his wife became pregnant and gave birth to a biological child.
The younger brother Zhang Er proposed: Since the eldest brother has a biological son, give me your heir! Zhang Da was a little moved by his brother's proposal, and when he went home, he told his confinement wife about his brother's proposal.
Mrs. Zhang immediately objected: No, we only had an heir when we didn't have a son, and now we abandon our heir when we have only given birth to a son, so what do others think of us? Besides, our son is still too young, who knows what will happen next.
Zhang Er repeatedly asked for help, but Zhang's wife couldn't resign, so she said to Zhang Er: I would rather pass on my newborn son to you than abandon my heir. Zhang Er was initially embarrassed to ask for his eldest brother's son, but Zhang's wife eventually passed on her own son to her younger uncle and left an heir herself.
Later, both children were healthy adults, the eldest was called Zhang Chong, Zi Jinghan; The small one is called Zhang Xuan, the character Jingyu. Zhang Chong and his two sons Zhang Qiao and Zhang Qiao, as well as Zhang Xu's grandsons Zhang Zhu and Zhang Jian, all ascended to the throne one after another, and the Zhang clan became a famous family for a while, and the world praised Zhang's wife for her insight, so that the family prospered.
It is precisely the general recognition of society that does not return heirs to their ancestors, and after the founding of the Daming state, the inheritance rights of heirs are clearly stipulated in the "Great Ming Law" - even if they give birth to parents and children, the family property must be divided equally with the original heirs:
If he has a biological son after the establishment of the heir, his family property is divided equally with the original son. (The Great Ming Law and the Household Order)
It is also stipulated that in the case of paternity, if the heir wishes to convert, it is also allowed.
If you raise a son of the same lineage. Those whose adoptive parents have no children and have left them. One hundred rods. Paid to the adoptive parents for custody. If there are biological children and Bunsen parents who have no children and want to return them. Listen. (The Great Ming Law and the Household Order)
Therefore, the rights and interests of the heirs of the Qing Dynasty were also protected by the law, because after Li Jingfang's father Li Hongzhang gave birth to a parent-son, as long as he was unwilling to return to the sect, Li Hongzhang could not repatriate him, and had to give Li Jingfang equal share of the family property.
That's it.
The picture comes from the Internet invasion and deletion.
References: "Tang Law Shun Discussion", "Song Criminal Unification", "Song Hui's Manuscript", "History of Song", "Luxin Miscellaneous Knowledge", "Great Ming Law", "Great Qing Law", "Five Rites General Examination" and so on.
Find historical truth through appearances, use history as a theory, tell personal opinions, and reject excessive interpretation and conspiracy theories that are divorced from the human environment. To update the Buddhist lineage, attention needs to be cautious. Also, criticism and correction are welcome, after all, you are only an amateur player.
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