The next case to be considered has been selected because it illustrates quite clearly the place of the socially accepted norms in a "contractual" context. It relates to the transfer of bridewealth on which the norm, or set of norms, is well established. Inquiry among informants, as well as the statement of men in assembly and conclave, showed no significant variations in this. 

A proper and completed marriage--involving the establishment of certain marital rights and statuses, and including the filiation of children--is made by the transfer of a fixed bridewealth, ennaputi, composed of specified, named animals as follows (though not necessarily in this order):

The total contains four cattle and seven small stock, with possibly an eighth sheep. The animals are distributed in the bride's family by established rules. Transfers of other animals and material goods are obligatory during the betrothal period, and some of these are recoverable on divorce, they are not part of the bridewealth proper. The latter is transferred by installments, as requested by the wife's father after the wedding, and often several years after. The norm of an Arusha bridewealth has been detailed in this way in order to show its explicit nature. The only proper modification said to be allowable is that nowadays an equivalent cash payment may be substituted for an animal, although such payment is described by the name of the animal it represents.

Case 21: Roikine had married the daughter of Temi about seven years previously, and she had borne him four children. There had been no major troubles in the marriage. Roikine had transferred to Temi in bridewealth one family calf (mondoye), an ox (gidedani) and six small stock. Temi's son, the brother of Roikine's wife, now had to meet demands for a cow as a bridewealth installment to his father-in-law. At the same time, both Temi and his son were fired for non-payment of tax for two years, which together with the unpaid taxes, cost them the price of an ox. Temi therefore sent his son to inform Roikine that he must now give the animals outstanding in bridewealth. Roikine refused, saying he had no animals for the purpose, and those h had were thin and in poor condition. A few days later, when Temi was accompanying me on a tour of a recently pioneered area on the edge of his parish, he took the opportunity to visit Roikine's homestead there. Roikine again said he could not at the moment afford to transfer the animals, though he admitted to us his unfulfilled liability for them. Temi insisted that he must have them, especially the two cattle, and he explained the reason for his request at this time. The visit ended by Temi declaring that he would not accept Roikine's refusal'. He told me, as we walked away, that he could go and see a lineage counselor of his sub-clan who lived in the same parish--the counselor of his own maximal lineage lived about five miles away--and discuss what to do. This he did that same day. He also consulted with a patrilateral cousin, a member of his inner lineage, who lived nearby. The counselor Kisita, agreed to convene a conclave. For six days nothing further occurred; and then at the regular meeting of the parish assembly, Kisita took the opportunity to speak with the younger brother of Roikine's father and with Roikine himself, both of whom were attending the assembly. A conclave was agreed to, and it was arranged to hold it in Roikine's homestead three days later. The next day Temi sent a young son to inform his two brothers who lived elsewhere, inviting them to attend. One brother arrived the evening before the conclave and slept the night at Temi's homestead. The other brother came the next morning and, together with their cousin, they all went to Kisita's homestead. Temi told me, during the conclave, that they had discussed the dispute with Kisita before walking to Roikine's homestead. 

The conclave began about two p.m. It was held under a tree near Roikine's house. Roikine was supported by Olaimer, his counselor, by his father's brother, and a neighboring agnate of his maximal lineage. After some desultory conversation, Kisita began the discussion proper by speaking of Roikine's marriage, saying it was a good marriage without quarrels and trouble. Two of the children were playing nearby, and Kisita pointed to them and asked rhetorically whose children they were. 'Are they your children, Roikine?' he inquired. Roikine assented with a murmur. 

'Truly, it is good you have children, 'said Kisita, 'but you have not finished the bridewealth. They are not yours. No, you cannot have animals and children.' He referred to the animals that should be given to Temi as bridewealth. 

'He has given bridewealth,' said Olaimer. 'Has he not given? Has there been trouble about bridewwealth? No, Roikine is a good affine. Who can say he is not? Does he not live well with his wife? They are his children--is she not his wife?' 

'Ee, but he has not finished the bridewealth,' Temi interrupted. 'What about wakiteng and sotwa?' These were the two outstanding cattle. 

'Well, let us discuss the bridewealth,' replied Kisita. 

There followed a lengthy listing of the items already transferred, including the pre-marital item not specifically part of the bridewealth. Temi grew restive as this continued, and he whispered to his brother a number of times. Finally he interrupted the discussion and said, 'Yes, those cattle are all right. We agree, we agree. What about wakiteng and sotwa? Those are the big (i.e. important) ones now.' 

Olaimer protested, saying that it was important to be certain about the whole bridewealth transaction; and he resumed discussion of the transferred items. My assistant, who sat with me, whispered that he thought that Roikine and Olaimer were trying to establish that Roikine had hitherto been a good son-in-law. He was doubtless correct in his inference, because when the listing of items was completed, Roikine began an account of the occasions when he had helped Temi in the ways a dutiful son-in-law should. He referred also to the time when his wife had been ill, describing how he had been to a diviner and had obtined Temi's permission to perform supplications to is (Roikine's) father and ancestors. His wife recovered as a result, he claimed. 

Temi listened and murmured assent now and again. Once or twice Rokine's brother interjected that he could bear witness to some even recounted by Roikine. 

All this took over an hour to complete. When Roikine stopped, Temi again asked about the two outstanding cattle. "They have not been given. Give them now! I want them.' And he explained why he needed them, emphasizing that he had a genuine need and that it was not merely an arbitrary demand which he was making. Temi's brother briefly endorsed this explanation. 

'Now, where are these cattle?' asked Kisita. 'Have you cattle?' 

Roikine admitted he had, but he had only two cows, an ox and a calf. 'We want milk to give the children. Are they not to drink milk? What will the grandfather (i.e. Temi) say if the children are hungry? No milk?' He turned directly to Temi: 'Do you want the milk of the grandchildren? Are you not a grandfather?' 

Temi's cousin suggested that Roikine had other cattle. This remark was not followed up because Roikine reverted to an explanation of his need of the cattle. Temi's elder brother interrupted to declare that Roikine could give the ox and one cow, and still have milk for his children. 'One cow stays, and it has a calf,' he said, 'A cow is like a herd for it will bear calves and soon there will be many. It is wrong to hold on to other cattle when there is bridewealth (to pay).' 

Roikine replied quickly, 'No, it is impossible. I want those cattle.' 

A pause followed this, then Kisita began to say that he had heard that Roikine was wanting to buy a piece of land adjacent to his own. This was apparently new information to everyone, for there were ejaculations of surprise. 

'Who told you that?' Roikine exclaimed. 'What do you know? I have bought no field.' Olaimer, his lineage counsellor, echoed his words. 

Kisita replied, 'Olomombot there (i.e. Roikine's neighbour) is my kinsman, is he not? He has come to talk with me about selling a field. Am I not the counselor? Why should he not talk with me? He says you want to buy that field there.'--he pointed to an area of land just beyond where we were sitting--'He speaks of cattle and money.' 

There was silence. A man who could consider buying a field must have wealth--cattle were indicated--and he ought to pay his bridewealth debts if he has wealth. I learned afterwards that Olaimer had not know of Roikine's intentions in this matter, and his ignorance appeared to explain his silence during the rest of the conclave, and was a factor in the deadlock which now quickly rose. 

Roikine attempted to deny any intention of buying land, but an explosive snort and a noisy spit from Kisita expressed the doubts everyone felt. Roikine reverted to the need for milk for his children, and he spoke of using the ox for ploughing work. 

Temi's elder brother, to whom Roikine was a virtual stranger, slapped his stick noisily on the ground, saying, 'Give us the cattle, give us the cattle. Ee, to buy land! With our cattle! Are they not bridewealth, those cattle? Give us the cattle.' 

Roikine murmured dissent. 

Temi's elder brother spoke again, addressing Temi himself. He recommended that Temi take his daughter back to his homestead and away from Roikine, until such time as Roikine would pay the outstanding installments of bridewealth. Roikine should also, he said, pay an extra cow to recover his wife, and should apologize to Temi. (Such a payment is common practice when a wife deserts her husband because of maltreatment.) 

'No,' replied Temi, 'No, that is wrong. Roikine is a good affine. You have heard; and my daughter, she has done nothing wrong. She is content here at Roikine's homestead. This is her homestead how; this is a good marriage. Have I not grandchildren, small murran?' Although technically perhaps able to break the marriage, or threaten to do so, he had no wish to do so, even in the light of Roikine's obduracy. Temi was a rather gentle, elderly man and anything but a trouble-maker. His brother, I knew, thought Temi rather weak; the brother himself was an impulsive and rather irritable person. 

The brother shouted, 'Take our daughter to the homestead! Take her, I say! We want to the cattle.' He jumped up and walked away out of sight beyond the house. 

Temi reiterated that he did not want the marriage broken, and did not intend to take his daughter away. There was a silence after this. Kisita got up and walked away. Olaimer and Roikine's father's brother began a low conversation between themselves. My assistant whispered to me that the conclave was finished in disagreement. Temi then got up and, with his other brothers and his cousin, walked off. They were joined by the first brother and by Kisita, and all left the homestead together. It was about three thirty p.m. 

To sum up the results of the conclave: there had been ready agreement on the amounts of bridewealth already paid and still outstanding; and agreement on the good relations in the marriage and between father-in-law and son-in-law. There was disagreement as to whether Roikine could afford to hand over the two cattle--no mention was made of the sheep outstanding. The disclosure of Roikine's negotiations to buy land threw doubt on his declared inability to fulfill his bridewealth obligations. Thus both the norm in general and its particular applicability in this instance were clear. It was clear also that, although Temi had the right to take his daughter away because of Roikine's refusal to give the two cattle, he was not prepared to do so. Roikine appeared to depend on Temi's compliance and might have succeeded had it not been for Temi's irascible brother. Neither spokesman had altogether committed himself to a specific stand--Roikine's counsellor, because of his ignorance of the proposed land purchase. 

No mention had been made of what, if any, steps Temi would take next. He probably had not then decided; but it may have been partly decided for him, because his elder brother on his way home that afternoon, called at the homestead of Ndaanya, the counselor of their own maximal lineage, and recounted the course of the conclave. Apparently he urged that a moot be convened, for next day a son of Ndaanya came to Temi's homestead to obtain further news. Three days later Temi and his cousin went to visit Ndaanya, and spent the night at the latter's homestead. On his return, I learned that Ndaanya would attempt to convene a moot. Some time later Roikine visited Temi, bringing a little beer as a present, but he did not offer to hand over any animals. I assumed that he was hoping to influence Temi to drop the whole matter; but if this was so, he failed. The moot convened eight days later. In the meantime, Temi had sold an ox to a neighbor, in order to pay the court fines and overdue taxes by the date decreed in the magistrate's judgment. 

The moot was held at Roikine's homestead on a grassy flat some distance from the houses. Roikine and Temi were members of the same clan-division of Rolelian clan, and thus the operative, dichotomous segments were the sub-clans. The main participants, seated in their separate groups, were as follows: Temi and his two brothers, the neighboring cousin with his brother an an autonomous member (i.e. the inner lineage complete); Ndaanya, the lineage counselor; Kisita, the counselor of the linked maximal lineage, and a senior elder of the sub-clan who was also a parish spokesman. There were about ten other men with them all of whom, near neighbors, were members of the maximal lineage or the sub-clan. With Roikine were his father's brother, his own brother who lived nearby another brother and a cousin (the inner lineage, but not entire); Olaimer, the lineage counselor a notable of the lineage and a notable of a linked lineage, both of whom lived in the same parish and two other distant agnates. There were also eight other supporters, members of the sub-clan. In addition there were a number of onlookers who sat to one side, and whom I joined. Altogether over forty men were assembled there, all but a few of whom were positive participants. The moot began at about eleven a.m. 

Casual gossiping died down, and some whispering ensued between Temi and his supporters. Temi then rose and went to stand in the space between the groups. He said that he came to collect his two cattle owing in bridewealth. He pointed out that Roikine had not attempted to deny the debt, and that it was a proper claim that he was making. He explained his need for the animals. It was a brief speech, quietly made. 

Roikine went to the center and began his counter-argument. He more or less repeated what he had said earlier in the conclave. He spoke of the good relations between himself and his wife, and his father-in-law. He enumerated the children; and he began recounting the bridwealth installments already paid. In the middle of this, Temi's elder brother called out, 'Yes, we know all this. You have given some cattle, but not all. Tell us you will give us two more cattle. That is it, two cattle.' 

Roikine answered that it was not merely a question of two cattle, but also one of a marriage, and affinal relations. 'He wants to break off affineship,' he said, pointing at Temi's brother, 'But Temi does not. He knows I am a good affine.' And he continued his account of the marriage and of his behaviour towards Temi. Temi's brother muttered, but was quieted by Ndaanya. Roikine's speech was a long one. He did not attempt to discuss the outstanding installments of bridewealth, but built up a picture of idyllic affinal relations. 

Olaimer, Roikine's counselor, followed him but merely affirmed Roikine's own account. 

Temi's brother, who had attempted to interrupt Olaimer, then stood up, but he was pulled down by Temi, and Ndaanya rose and went to the centre. 

Ndaanya began with some polite remarks about the parish (in which he was a stranger, of course) and gave formal greetings to Roikine's supporters. he stood with his back to his own supporters, leaned on his staff, and spoke quietly to the opposing party. He agreed that Roikine had been a good son-in-law, but said that Temi had been an even better father-in-law, for he had been tolerant in his bridewealth demands. He reiterated the norms of bridewealth, counting the animals on his fingers and bending over each finger to indicate an animal paid. He paused with two outstretched fingers and said slowly, 'Osotwa; wakiteng. Those are what we want. They are not yet given. Why? Are they not part of the bridewealth? Yes, we all know they are. Roikine admits it, and we all know the custom. We do not want to quarrel; we want our cattle.' A supporter of Temi called out his approval, and there were general murmurs of assent on that side of the moot. 

'I hear,' continued Ndaanya, 'that Roikine has cattle. He can give cattle to us then. I also hear that he wants to buy a field. Kisita says this is so.' Kisita called out that it was so. 'But who can buy fields when there is a bridewealth?' Ndaanya went on. 'To buy a field is good if another is foolish enough to sell. But Temi wants his cattle first; that is right. You must agree, it is right. Who can say no? We Arusha have always given bridewealth; it is our custom from long ago and it has always been so. Did not the big men long ago do this? You Roikine, you say you have been a good affine; but good affines give bridewealth. We want no other words, only cattle. You have cattle--I have heard that you have cattle although I have not seen them--so give us the cattle.' 

Roikine's father's brother spoke next. He argued that a good father-in-law should be generous to a good son-in-law, and not make heavy demands for bridewealth when the son-in-law cannot afford to pay. Several of Temi's supporters called out, 'He can pay,' 'He has the cattle,' and similar remarks. The notable of Roikine's lineage spoke next, virtually repeating the previous speaker's remarks. 

Roikine came forward again and spoke. He now admitted to having some cattle, and he admitted to his hopes of buying the adjacent land. He explained that he had only a small piece of land at the moment, not enough for his family to live on. In fact he had approximately seven acres in this region, off the mountain slopes where rainfall is low and soils are poor. With the requirements of rotational cultivation of maize and beans, and the need for grazing for both his own and his brother's cattle, his submission of an inadequate amount of land was, I think, reasonably correct. The area he hoped to buy was some three acres in size; it adjoined Roikine's present land, and had never been cultivated by its present owner, who had a large holding. 

Roikine's counselor, Olaimer, stood up again. He spoke of Roikine's small holding of land, explaining how Roikine had been a late pioneer in the area and so had less land than most of his neighbors. He described Roikine as a hard worker, who nevertheless was scarcely able to feed his family and at the same time to produce enough crops to sell for cash. Temi's elder brother called out, 'We all have only a little land these days. I have only a little, but I give bridewealth to my affine.' Olaimer replied that Temi's brother was fortunate enough to live on the mountain slopes where rain and soil are good and bananas are plentiful. He spoke at length of the difficulties of cultivation in this semi-arid region, and then explained Roikine's good fortune in having the opportunity to obtain more land by purchase. He appealed to Temi not to prevent his son-in-law buying the extra land--for the sake of Temi's daughter and his grandchildren. He obtained a murmured assent from Temi that he did not want to prevent this. Olaimer then said that he knew that Temi had already met his court fines and paid his taxes, and that therefore the need for bridewealth was less than it had been. He concluded by appealing to Temi to delay his demands. 

Temi then spoke, explaining that his own son must take an animal to his father-in-la (that son had so far given on installments at all after three years of marriage). Roikine's father's brother then called out, 'Take a calf then. There is a calf; take it.' This was applauded by some of Roikine's supporters. 

Temi whispered with Ndaanya and his elder brother, and eventually called out that he agreed to the calf. 'That is wakiteng,' announced Olaimer. There was no reply from Temi's side, and thus acceptance was indicated. 

After a pause, Ndaanya stood up and went to the center of the moot. 'Wakiteng is good, but not sotwa -- the female calf, we want that,' he declared. He argued that there was no disagreement that this item of bridewealth was owed, and since Roikine had agreed to give the one animal, he must agree to give the other also. 

Roikine stood up and said that he could not give a further installment if he was to buy the piece of land. 'One male calf is enough,' he said, 'that is all now. I have no more cattle.' There were immediate calls of 'No,' 'That is not good enough,' and the like from Temi's party. Roikine, still standing, again said he could give no more, and then went and sat down. 

Temi's brother stood up in the middle of his party and shouted that Roikine must give the second animal. 'This case has gone on for a long time,' he continued, 'and we want it finished. We do not want all the trouble of another meeting to discuss this. I say, let us finish it. Are we not all here? Do we not agree about sotwa? That it must be given by Roikine? Give it, I say; we have discussed too long. We want the calf, not words.'

Ndaanya did not rise, but called out, 'That is right, that is right. Ee, our sotwa! Give it!' 

There was a pause after this, and then the counselor, Olaimer, went to the center again. He said that he had already pointed out that Temi no longer had the pressing need for the second animal from Roikine, because he had paid his taxes and court fines. 'A good affine does not claim bridewealth for nothing. You, Temi, you have no need now. You son can use the wakiteng to give to his affine as bridewealth; that is good. Why do you keep on saying that you want another ox? Why? Leave your son-in-law; let him buy the field and care for your grandchildren. Later, when you need an ox, Roikine will give it. He is a good son-in-law, and he will give then. We all know that he has no cattle now.' 

Temi's party consulted together in whispers, whilst the other side waited. After a few minutes, Ndaanya rose and said that Temi wanted the sotwa animal now. Although the taxes were paid, they had cost an ox from Temi's herd, and this he wished to make good from Roikine. This was a legitimate claim, not a capricious one, Ndaanya asserted. 

Roikine's brother came forward to say that it was obvious that Roikine could not give the sotwa animal immediately but he too, like Temi's brother, wished to see the case settled. Temi's brother interrupted him by calling out, 'Give us sotwa and finish. You can finish the case,' Roikine's brother replied, 'All right, perhaps my brother can give alter a little while--after a few months. Take sotwa when the short rains come.' Silence followed this suggestion, thus indicating the agreement of Temi's party. Olaimer then stood up and spoke of the satisfaction that the agreement brought; and he concluded by turning to Roikine, saying he must give Temi a sheep later on, at the time of the short rains. This caused whispered discussion among Temi's party, but no audible dissent, whilst some of Roikine's supporters called out their approval. Roikine himself remained silent. 

The moot ended in this way after about three hours of discussion. The participants remained seated where they were, talking quietly, until Roikine's wife brought out beer from her house. Temi sent a murran to a neighboring homestead where his own contribution of beer was waiting, and this too was brought to the moot. The men dispersed about half an hour later, having drunk all the beer. 

The agreement was that Roikine should give Temi a male calf immediately, and this was to be the wakiteng animal. Arusha always describe wakiteng as a large, fat ox, and it is an important bridewealth animal because it establishes the full affinal status of the two parties. Thereafter they address each other as wakiteng and the son-in-law is regarded as escaping the ascribed inferiority to his wife's kin to which he has hitherto been subject. Nevertheless, despite its well-understood importance, Temi had agreed to accept a calf in lieu of a fine ox. 

Secondly, it was agreed that a sheep should be given to Temi by Roikine within a fairly short, specified period--the short rains could be expected after about five months. This sheep was to be regarded as the equivalent of the outstanding sotwa heifer. This had not been clear to me, and Ihad assumed that the promise of a sheep was only to fulfill the other outstanding obligation of a small animal, olcani; but it was explained to me afterwards by Roikine's supporters that in addition to the wakiteng ox, only the sotwa heifer had been discussed in the moot, and therefore the promised sheep could only refer to the latter item. This, it turned out, was in fact the case. About six months later, at a conclave on Temi's incentive, Roikine handed over an ewe which was dubbed sotwa, despite the great differences in value between a heifer and an ewe. Neither in the moot, nor at the time of the later transfer of the ewe, was mention made of the still-outstanding small animal. This should be a castrated male preferably but not essentially a goat. Temi told me later that he had not forgotten it, saying that he would claim it when he had need for it. 

In this fashion a mutually acceptable resolution of the dispute was made. To the participants in the moot the acceptability of it was obvious--a number of them chided me because, at the time, I tactfully hinted that it might not work. They were entirely justified in their expectations for the agreement was honored fully, and the two animals handed over and publicly named before witnesses of both sides. If Temi afterwards attempted to claim that the calf had not really been the wakiteng or the ewe not really the sotwa heifer, he would have had no valid justification. In addition, the friendliness of the affinal relationship had been retained and no threat to Roikine's marriage was made. Roikine was, moreover, able to retain sufficient animals to go ahead with his land purchase negotiation: he completed this a few weeks after the moot. 

This was the first major bridewealth dispute whose treatment I had been able to observe. The substitution of less valuable animals for the specified items impelled me to make particular inquiries on this matter. This led to the discovery that often, although not invariably, there was such substitution. More than that, the substitute was sometimes almost only a nominal item, where the difference in value was greater than it had been in that first case--e.g. perhaps only a few shillings, whereas a good cow had a market price to the Arusha of over two hundred shillings at that period; or perhaps some beer and a length of cloth. In some cases--a minority, I think--an item was agreed to be waived altogether by the father-in-law. Of course there were also instances where the father-in-law had taken his married daughter back to his homestead, until her husband would agree to transfer the claimed animals. Arusha admit that such a father-in-law acts within his rights over bridewealth, for the daughter is not a proper wife until all bridewealth is transferred. Nevertheless, most informants concurred with Temi's position in the above case, where he was clearly unwilling to risk breaking up an otherwise satisfactory marriage and affinal link. Sons-in-law are aware of this, and are ready to take advantage of it. 

On the other hand, a wife sometimes takes advantage of the dispute to desert her husband whom she no longer likes, and divorce follows. If the husband then wishes to retain the children of the marriage, he must pay the outstanding bridewealth quickly and his bargaining power is slight. A plaintiff-claimant does not then agree to an inferior substitute for the specific items.

 Thus the negotiating-strength of the disputants varies according to the circumstances of each particular case.