Humanitext Reader

Justinian I · The Digest of Justinian §32.0.45.pr

Scope of Bequests for Items Prepared for the Wife

Passage 4869 of 9271 · Latin

Summary

Ulpian discusses the scope of the bequest of 'things prepared for the wife's sake,' citing Sabinus' opinion that it includes whatever is specifically designated for her use, regardless of whether it was acquired before or after marriage, or from the husband's own belongings.

[ULPIANUS libro uicesimo secundo ad Sabinum. ] §32.0.45.prHoc legatum 'uxoris causa parata' generale est et continet tam uestem quam argentum aurum ornamenta ceteraque, quae uxoris gratia parantur.
[ULPIANUS, from the twenty-second book on Sabinus.] This bequest of 'things prepared for the wife's sake' is general and includes clothing as well as silver, gold, ornaments, and other things which are prepared for the wife's benefit.
sed quae uideantur uxoris causa parari? Sabinus libris ad Uitellium ita scripsit: quod in usu frequentissime uersatur, ut in legatis uxoris adiciatur 'quod eius causa parata sint', hanc interpretationem optinuit, quod magis uxoris causa quam communis promiscuique usus causa paratum foret.
But what things are considered to be prepared for the wife's sake? Sabinus wrote as follows in his books to Vitellius: as it is very frequently in use that in bequests to a wife there is added 'what things have been prepared for her sake,' this interpretation has prevailed, that it would be what was prepared rather for the wife's sake than for common and indiscriminate use.
neque interesse uisum est, ante ductam uxorem id pater familias parauisset an postea an etiam ex his rebus quibus ipse uti soleret uxori aliquid adsignauisset, dum id mulieris usibus proprie adtributum esset.
And it did not seem to make any difference whether the father of the family had prepared it before leading his wife [in marriage] or afterwards, or had even assigned something to his wife from those things which he himself was accustomed to use, provided that it was specifically attributed to the woman's use.

Notes

  1. §32.0.45.prquod in usu... hanc interpretationem optinuit, quod... — The first 'quod' is a 'quod' of fact (or causal 'quod') introducing the background or premise ('regarding the fact that...'). The second 'quod' (quod magis...) introduces a noun clause in apposition with 'interpretationem' (qualified by 'hanc'), explaining the specific content of the prevailing interpretation.
  2. §32.0.45.prante ductam uxorem — The noun 'uxorem' and the perfect passive participle 'ductam' are governed by the preposition 'ante', expressing an action as a noun phrase: 'before the wife having been led [into marriage]', i.e., 'before marrying the wife'. This is a typical example of the 'ab urbe condita' construction (where 'ducere uxorem' means 'to marry/take a wife').
  3. §32.0.45.prdum id mulieris usibus proprie adtributum esset — The conjunction 'dum' takes the subjunctive ('esset') to express a proviso or condition ('provided that...', 'as long as...').

Cite this passage

Justinian I, The Digest of Justinian §32.0.45.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:32.0.45.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.