摘要
北魏宣武帝延昌三年（514），冀州阜城人氏費羊皮因家貧無法葬母，遂將自己七歲的幼女賣給同城的張回作婢女；而張回在未說明此女本為良人的情況下，又轉賣給鄃縣的梁定之。一個七歲小女孩，兩次轉手賣與他人，並且可能因此而從「良人」的身分轉變為「賤民」的階層，就是本案的基本事實。
北魏宣武帝「定奴良制」，整頓社會上「以良為賤」的買賣風氣。「費羊皮案」代表一系列良賤問題發展中的重要事件。為什麼六世紀初，一個小女孩被轉賣交易的人口買賣行為，引起這麼大的朝廷爭議？甚至佔據《魏書‧刑罰志》甚大篇幅？拙稿圍繞著本案討論包括：債務與人口買賣；人口買賣的法律責任；「五服」與「良賤」；「孝子」與法律等課題。從而說明何以本案如此受到重視，以及所反應的時代問題。
In North Wei Dynasty（514 A.D.）, Fei yang-pi, lived in Jizhou（冀州）Fucheng （阜城）, sold his own seven-year daughter to Zhang hui as a maidservant, because Fei, who lived in poverty, can not afford to pay the expenses of the funeral ceremony for his mother. Later, Zhang hui resold Fei’s daughter to Liang ding-zhi, lived in Yüxian, without an official announcement that the daughter was indeed a liangren（freeman or person abiding law；良人） rather than a slave. The major argument of this case is that a seven-year girl, who was a liangren in the first deal, became a slave after the second deal.
The Emperor Xuanwu of the North Wei Dynasty established the system of slaveholding but rectified the slave trade in the society. The case of “Fei yang-pi” represents an important event in a series of slaveholding problems; in particular, why the slave trade for a seven-year little girl in the sixth century caused so much dispute in monarchy, causing so many descriptions in the historical records of the North Wei Dynasty? This article focuses on the case and presents discussions on related issues, including debt, purchase and mortgage, legal liability for deal of human beings, the mourning system, and a son in mourning and the law. We explain why this case was so much noticeable and how it brought out open questions at the current period of time.
關鍵詞
北魏、費羊皮、買賣人口、五服、良賤
The North Wei Dynasty, Fei yang-pi, the deal of human beings, mourning clothes, citizens and slaves
