A Surprising Discovery in the Dunhuang Caves

In 1900, a remarkable trove of ancient manuscripts was unearthed from the Mogao Caves near Dunhuang, offering unprecedented insights into medieval Chinese social customs. Among these documents, scholars identified twelve specimens of fangqi shu—divorce agreements dating from the late Tang (9th century) to early Northern Song dynasties (11th century). These documents, now dispersed across collections in Britain, France, and Russia, represent China’s earliest known formal divorce contracts.

What astonished researchers was their tone of mutual respect and benevolence. Unlike later imperial divorce documents that emphasized blame and condemnation, these Tang-Song era contracts contained phrases like: “After separation, may you rearrange your silken hair and adorn your moth eyebrows anew, displaying your graceful charm to marry an official of high rank.” This stands in stark contrast to Qing Dynasty divorce papers that typically listed grievances such as “the wife Gou氏 fails to observe womanly virtues” with harsh language.

The Structure of a Civilized Separation

The fangqi shu followed a standardized three-part structure:
1. Philosophical Prelude: Describing ideal marital harmony using poetic metaphors like “couples should be as inseparable as mandarin ducks”
2. Reality Assessment: Citing reasons for divorce through balanced phrasing—”When the wife speaks ten words, the husband frowns in displeasure; when the husband opens his mouth, the wife raises objections”
3. Amicable Resolution: Framing separation as release from “karmic entanglement” with blessings for future happiness

Professor Yang Jiping of Xiamen University notes the contracts’ distinctive feature: transforming “irreconcilable differences” into dignified farewells through Buddhist concepts of predestined relationships. The documents consistently avoid terms like “expel” or “abandon,” preferring neutral language of “mutual separation.”

Women’s Agency in Tang Divorce Customs

Contrary to assumptions about traditional gender roles, the Dunhuang findings reveal surprising autonomy for women:

– The “Husband-Release Document”: Among the twelve contracts exists a rare fangfu shu where wife A孟 initiates divorce from husband Fu Ying, reversing conventional dynamics
– Remarriage Without Stigma: Historical records show Tang princesses remarried freely—about 20% of married princesses had multiple marriages
– Legal Precedents: The famous case of Wang氏 divorcing her impoverished scholar husband (adjudicated by calligrapher-official Yan Zhenqing) demonstrates women could legally initiate separation

Tang law recognized three divorce types:
1. Mutual Consent (heli)
2. Mandatory Separation (yijue) for cases involving violence or adultery
3. Husband-Initiated (chuqi) under the “Seven Outs” system—though tempered by “Three Non-Expulsions” protecting vulnerable wives

Progressive Elements in Medieval Divorce

The contracts reveal unexpectedly modern features:

– Property Division: Unlike Han Dynasty precedents where women only reclaimed dowries, Tang agreements specify “divide living assets as desired” with detailed inventories
– Alimony Provisions: Some contracts outline temporary support systems—either lump-sum or installment payments
– Family Mediation: Documents show parental involvement in negotiating terms, suggesting collective rather than individual decision-making

Scholar Yao Zhenhua estimates that about 30% of Tang divorces fell under the heli (mutual consent) category—remarkable for a pre-modern society. The Dunhuang contracts likely represent elite urban practices rather than universal norms, but their existence challenges stereotypes about rigid traditional marriage.

Global Contexts: From Reno to Dublin

The Tang approach finds intriguing parallels across civilizations:

– Ireland’s Time-Limited Marriages: Until 1996, Irish couples could contract marriages for 1-100 years, with fees inversely proportional to duration
– Reno’s Divorce Tourism: In 1930s Nevada, a six-week residency enabled no-fault divorces—generating $5 million annually for local businesses
– Byzantine Libellus Repudii: Similar to Tang contracts, these 6th-century documents emphasized mutual consent and property settlements

Legacy and Modern Resonance

The fangqi shu tradition reflects a sophisticated understanding of marital dissolution that contemporary societies might reconsider:

1. Dignity in Separation: The emphasis on mutual responsibility (“both share blame”) contrasts with modern adversarial divorce
2. Ritualized Transition: Formal documents provided psychological closure absent in informal breakups
3. Gender Nuance: While still patriarchal, the system allowed more female agency than later imperial periods

As historian Valerie Hansen observes, these contracts reveal “a moment in Chinese history when women’s legal and economic rights were expanding rather than contracting”—a reminder that cultural attitudes toward divorce have always been more diverse than conventional narratives suggest. The poetic grace of “may we part content, each finding joy anew” offers a timeless model for humane separation.