Chapter 625: The sons are divided equally
At night, Fang Xuanling wrote a letter in the study, greeting Fang Yanqian, his father who was recuperating from afar in his hometown, and briefly explained his life in Chang'an and everything was fine. Please don't worry.
Fang Yanqian was over 70 years old and suffered a serious illness two years ago. He was lucky enough to save his life, but his health was no longer good, so he retired and returned to his hometown to spend his days in his hometown.
Fang Xuanling asked his wife to take care of her father in her hometown, and she was an official in Chang'an. She was busy as an assistant to the East Palace and communicated with her father from time to time.
Now that there is a telegram, the Fang family's income can fully afford telegrams, but Fang Yanqian insists on communications. On the one hand, it saves as much as possible, and on the other hand, it is convenient to post office. It can write a lot of content, unlike the telegram, which is just over ten words and cannot be expressed in thousands of words.
After Fang Xuanling finished writing the letter, he carefully put the envelope in it, and carefully wrote the address of the letter, put the letter in place, and asked the servant to send the letter to the post office tomorrow.
After drinking a cup of tea to refresh himself, he picked up the thick information on the desk and looked it out.
The court wanted to revise the "Da Zhou Law", which involved many revisions of sub-parts and clauses, among which detailed provisions were made (prepared). Fang Xuanling was studying the relevant clauses at this time to see how to make suggestions to the prince.
Analyzing products can be divided into "analyzing and dividing" and "inheritance". Since ancient times, there have been relevant regulations on laws and regulations of various dynasties.
Analysis refers to the fact that when parents are alive, the sons get married and separate their families and set up separate families to analyze or divide their families; inheritance refers to the fact that the sons divide their family property after their parents are old or die.
Inheritance is the inheritance of family property between father and son, and analysis is the distribution of family property between brothers.
On the surface, the family analysis is the separation of the son's home and the father's home, but in fact, the brothers passed on the father's home together.
Inheritance is divided into identity inheritance and property inheritance. Identity inheritance refers to title, reputation, etc. Naturally, it is the eldest son who inherits it, and others have no share.
The analysis is not a one-time analysis, but multiple analysis:
A family of five in a commoner usually has two men, that is, the unmarried son of his father and Cheng Ding. Dalang usually separates his family after getting married, so his father and the grown-up Erlang (the second man) form a new "two men".
This cycle is until all the sons are separated and the father is old. The separation of the family several times is analyzing it many times. When the father dies, the sons divide their property for inheritance, and generally, the sons divide their property evenly.
The so-called "all sons are divided equally" refers to the sons' property. The "all sons" mentioned here refer to the wife giving birth to children, concubine giving birth to children, maid giving birth to children. As for the traitor giving birth to children, they either have no shares or when the property is divided, the share obtained is half of the children born to the wife's house.
However, the actual situation is often different.
Since the Wei and Jin Dynasties, more and more large families have lived and shared wealth, so there have been large families with "five generations of wealth", "seven generations of wealth" and even "some generations of wealth" and "some generations of wealth" and even "some generations of wealth" and many families have been like this.
Because Confucian ethical viewpoint believes that when the father and grandfather are at home, their descendants are not filial and will also cause unfairness among brothers, so they strongly advocate living together and sharing wealth. Therefore, some family property analysis has basically not been effective in these large families.
At the same time, there is a difference between legitimate and illegitimate children. Although the illegitimate son is the father's son, his status in the family is extremely low and he is like a servant.
When my father is alive, the son born in the illegitimate child may not be taken seriously, and there is no need to think about the childbirth. When the father dies, the mother and son of the legitimate son will control the family property. How can the son born in the illegitimate child get what he can get?
The difference between legitimate and illegitimate brothers makes the relationship between legitimate and illegitimate brothers very poor. In front of legitimate brothers, they are even worse than servants.
Not to mention the existence of cohabitation and wealth, it makes it difficult for the clan’s sons to benefit from the main branch and the direct descendants. They do not have any further plans for the family property.
Therefore, in the laws of all dynasties, even if the inheritance of family property is stipulated as "equal division of all sons", it is simply written (empty text), and it will not work for the big clans.
Of course, the differences between legitimate and illegitimate are often different in different places. In Jiangzuo, the difference between legitimate and illegitimate (relatively), but in Hebei, illegitimate and illegitimate are not even qualified to be a citizen. If you want to "dividend all your sons' property" is a joke.
Therefore, there are great differences between the principles of law and reality. It is difficult to achieve the inheritance of family property stipulated by the law, and all the scholars are evenly divided in real life.
However, the "Mingde Law" that will be revised must be done.
The "Mingde Law" is divided into "Civil Law", which has regulations on household registration, inheritance and property analysis (prepared). First, it advocates "different property and different wealth", which means that when the father and grandfather are alive, the descendants must establish a separate business and analyze the property.
Strictly implement the household registration policy of one household and five, and the "descendants" in the terms are naturally not distinguished from legitimate and illegitimate.
No matter how much my father hates that son, he has to analyze certain property and help start a family. The amount is given at least one-tenth of the property in his father's name (developed).
The second son got married and separated, and the father wanted to give one tenth of the property under his name to his son.
If parents die and the sons divide their family property, and they do not divide the legitimate and illegitimate, and they divide them equally, that is, the sons divide them equally.
Of course, this equalization does not simply divide the property into several parts, but some factors need to be considered.
For example, the Civil Law proposes that the eldest son and the eldest grandson shall not be separated from the father and grandson to support the elderly. Therefore, when inheriting the family property, the eldest son (the eldest grandson) should receive more as compensation for supporting the parents.
Also, when dividing the family property, the underage young children should be given more (relatively) to ensure that they need to get married.
Such a provision is not just a piece of paper, but a law with the ability to punish: who dares to violate the law of analyzing and separating the family property when inheriting the law, and punishing the punishment, and stay at the place of punishment at different distances for several years depending on the severity of the circumstances.
It can reach Australia thousands of miles away.
Fang Xuanling knew that if the "participated wealth" in the "People's Law" and the "equality of all scholars" were implemented and strictly implemented one by one, a catastrophe would come.
Not to mention elsewhere, there are many large clans living together and wealthy, and there are many branches in the side. Once the court vigorously implements the new laws, it will inevitably lead to severe damage to these large clans, including many gentry.
The reason is very simple. Human nature is selfish. The branch of a large family is born with children and they are eager to divide the family's property.
Since the first year of Mingde, Hebei's grain prices and cloth prices have continued to fall. The manors that many large families rely on for their livelihood have gradually become short of their limits, and their income has dropped sharply and barely maintained. This has led to a significant decline in the clan's production and has also made the clan's people complain.
Some people went out to make a living by themselves, went to Yongji Canal, commercial ports along the Yellow River, worked in cities, and did business, which was better than staying in their hometown, so more people followed suit.
The private property they created themselves is unwilling to be classified as clan property. If they have any, their family property is left to their wife and children, rather than being taken over by the clan leader, so they have a strong need for "different wealth".
This reality has led to the situation of a large family living together and wealth sharing. If the court really implemented the new laws at this time, the side branches of these families would have children, like hungry wolves and sheep, dividing up all the family's products accumulated by generations.
Without clan property, the family's cohesion suddenly declines. Although it will not fall apart immediately, it will be like a dead tree and lose its vitality.
The family that had been passed down for hundreds of years was now declining. Fang Xuanling knew that the emperor had always had bad intentions towards the aristocratic families. This revision of the "Da Zhou Law" was to further disintegrate the strength of the aristocratic families.
Not only do we have to sprinkle salt on the bloody wounds of the wealthy families, but we also have to slash the gentry and the great families with several slashes. What is this a catastrophe?
However, this approach is very "soft" and takes advantage of human selfishness, so there are probably no fewer responders and the effect will be very significant.
Just like in the previous Han Dynasty, Emperor Wu of Han issued the "Recommendation of Greetings" and easily dismantled the vassal states.
The emperor is very strong, and now the central government has more and more control over the local area. Therefore, once the new law is finalized and implemented, even if the resistance is large, it will cause a series of impacts.
Fang Xuanling was very worried about the future, but he knew that things were not that simple. Because the emperor was obviously like he used "Book of Liang" to hit Buddhism, he was doing open plans to attack the aristocratic families, bidding prices everywhere, waiting to pay back the money.
No one dares to take this kind of open conspiracy lightly, and they have to "bargain" seriously, because if one day's open conspiracy succeeds, it may be too late to regret it.
Thinking of this, Fang Xuanling felt helpless. The emperor was energetic and wanted to cause trouble from time to time. He was not just arbitrary. He especially liked to "reason" and practiced open conspiracies, which made people laugh and cry.
If you encounter such a king, it's really...
Chapter completed!