So consider Historical laws and see what ancient societies referred to as husband and wife. all instances in the code of Laws of Hammurabi show a
husband as a man and a wife as a woman designating them as he/him and she/her. Some of the oldest laws known to man
128. If a man has taken a wife and has not executed a marriage contract, that woman is not a wife.
129. If a man's wife be caught lying with another, they shall be strangled and cast into the water. If the wife's husband would save his wife, the
king can save his servant.
130. If a man has ravished another's betrothed wife, who is a virgin, while still living in her father's house, and has been caught in the act, that
man shall be put to death; the woman shall go free.
131. If a man's wife has been accused by her husband, and has not been caught lying with another, she shall swear her innocence, and return to her
132. If a man's wife has the finger pointed at her on account of another, but has not been caught lying with him, for her husband's sake she shall
plunge into the sacred river.
133. If a man has been taken captive, and there was maintenance in his house, but his wife has left her house and entered another man's house; because
that woman has not preserved her body, and has entered into the house of another, that woman shall be prosecuted and shall be drowned.
134. If a man has been taken captive, but there was not maintenance in his house, and his wife has entered into the house of another, that woman has
135. If a man has been taken captive, but there was no maintenance in his house for his wife, and she has entered into the house of another, and has
borne him children, if in the future her [first] husband shall return and regain his city, that woman shall return to her first husband, but the
children shall follow their own father.
136. If a man has left his city and fled, and, after he has gone, his wife has entered into the house of another; if the man return and seize his
wife, the wife of the fugitive shall not return to her husband, because he hated his city and fled.
137. If a man has determined to divorce a concubine who has borne him children, or a votary who has granted him children, he shall return to that
woman her marriage-portion, and shall give her the usufruct of field, garden, and goods, to bring up her children. After her children have grown up,
out of whatever is given to her children, they shall give her one son's share, and the husband of her choice shall marry her.
138. If a man has divorced his wife, who has not borne him children, he shall pay over to her as much money as was given for her bride-price and the
marriage-portion which she brought from her father's house, and so shall divorce her.
139. If there was no bride-price, he shall give her one mina of silver, as a price of divorce.
140. If he be a plebeian, he shall give her one-third of a mina of silver.
141. If a man's wife, living in her husband's house, has persisted in going out, has acted the fool, has wasted her house, has belittled her husband,
he shall prosecute her. If her husband has said, "I divorce her," she shall go her way; he shall give her nothing as her price of divorce. If her
husband has said, "I will not divorce her," he may take another woman to wife; the wife shall live as a slave in her husband's house.
142. If a woman has hated her husband and has said, "You shall not possess me," her past shall be inquired into, as to what she lacks. If she has been
discreet, and has no vice, and her husband has gone out, and has greatly belittled her, that woman has no blame, she shall take her marriage-portion
and go off to her father's house.
143. If she has not been discreet, has gone out, ruined her house, belittled her husband, she shall be drowned.
144. If a man has married a votary, and that votary has given a maid to her husband, and so caused him to have children, and, if that man is inclined
to marry a concubine, that man shall not be allowed to do so, he shall not marry a concubine.
145. If a man has married a votary, and she has not granted him children, and he is determined to marry a concubine, that man shall marry the
concubine, and bring her into his house, but the concubine shall not place herself on an equality with the votary.
146. If a man has married a votary, and she has given a maid to her husband, and the maid has borne children, and if afterward that maid has placed
herself on an equality with her mistress, because she has borne children, her mistress shall not sell her, she shall place a slave-mark upon her, and
reckon her with the slave-girls.
147. If she has not borne children, her mistress shall sell her.
148. If a man has married a wife and a disease has seized her, if he is determined to marry a second wife, he shall marry her. He shall not divorce
the wife whom the disease has seized. In the home they made together she shall dwell, and he shall maintain her as long as she lives.
149. If that woman was not pleased to stay in her husband's house, he shall pay over to her the marriage-portion which she brought from her father's
house, and she shall go away.
150. If a man has presented field, garden, house, or goods to his wife, has granted her a deed of gift, her children, after her husband's death, shall
not dispute her right; the mother shall leave it after her death to that one of her children whom she loves best. She shall not leave it to her
151. If a woman, who is living in a man's house, has persuaded her husband to bind himself, and grant her a deed to the effect that she shall not be
held for debt by a creditor of her husband's; if that man had a debt upon him before he married that woman, his creditor shall not take his wife for
it. Also, if that woman had a debt upon her before she entered that man's house, her creditor shall not take her husband for it.
152. From the time that the woman entered into the man's house they together shall be liable for all debts subsequently incurred.
153. If a man's wife, for the sake of another, has caused her husband to be killed, that woman shall be impaled.
154. If a man has committed incest with his daughter, that man shall be banished from the city.
155. If a man has betrothed a maiden to his son and his son has known her, and afterward the man has lain in her bosom, and been caught, that man
shall be strangled and she shall be cast into the water.
156. If a man has betrothed a maiden to his son, and his son has not known her, and that man has lain in her bosom, he shall pay her half a mina of
silver, and shall pay over to her whatever she brought from her father's house, and the husband of her choice shall marry her.
157. If a man, after his father's death, has lain in the bosom of his mother, they shall both of them be burnt together.
158. If a man, after his father's death, be caught in the bosom of his step-mother, who has borne children, that man shall be cut off from his
159. If a man, who has presented a gift to the house of his prospective father-in-law and has given the bride-price, has afterward looked upon another
woman and has said to his father-in-law, "I will not marry your daughter"; the father of the girl shall keep whatever he has brought as a present.
edit on 10-7-2015 by ChesterJohn because: (no reason given)