《资治通鉴·汉纪》342-2｜古代夫妻同房，竟有这种法律限制？

Summary

This short 芮淇讲透资治通鉴 episode completes the succession story introduced in Hanji 342-1. After 常山宪王刘舜 dies, 刘勃 succeeds him, but his elder half-brother 刘棁 reports that Liu Bo and 王后脩 neglected the dying king and abandoned mourning restraint. 张骞 investigates; witness concealment, violence against officials, and unauthorized release of suspects deepen the case, after which Liu Bo is deposed and sent with his household to Fangling.

The durable synthesis is that mourning at succession was not treated as purely private grief. Care for a dying father, residence in mourning quarters, abstention from drink, gaming, music, sexual conduct, public display, and interference with investigation become evidence through which family hierarchy, royal fitness, and central authority are judged. The episode broadens that case into 居丧行为法律化, but its cross-dynastic penalty claims and Qing household practices are not accompanied by statutes or primary citations and therefore remain source-scoped.

Key Claims

• Liu Shun’s unpopular concubine bears his elder son Liu Zhuo, while Queen Xiu bears crown prince Liu Bo; unequal affection and property distribution turn the succession into a family grievance.
• Queen Xiu and Liu Bo allegedly fail to attend Liu Shun consistently during his final illness, and Liu Bo does not taste medicine or remain overnight at the sickbed.
• After Liu Shun’s death, Liu Zhuo accuses Liu Bo of leaving the mourning quarters after six days and engaging in drinking, gaming, music, sexual conduct, carriage display, and prison visits.
• The episode presents mourning rules as moral and legal discipline: it describes a conventional twenty-seven-month mourning period and prohibitions on entertainment, alcohol, and family-property division.
• Its title claim is indirect rather than a categorical ban on marital sex: the episode says conception and childbirth during parental mourning could expose a couple to an unfiliality judgment and one year of penal servitude.
• Zhang Qian’s investigation escalates when Liu Bo hides witnesses, has investigating officials beaten, and releases people held as suspects.
• Han Wudi refuses execution, accepts deposition and household exile to Fangling, abolishes the Changshan kingship, and soon creates separate Zhengding and Sishui grants for Liu Shun’s sons Liu Ping and Liu Shang.

Key Quotes

“守孝三年，实际为二十七个月。” - the episode’s compact explanation of the conventional mourning period.

“没有明确规定夫妻不能同房。” - the source’s qualification: the claimed legal pressure operates through pregnancy and childbirth during mourning, not a direct intercourse ban.

Connections

• 常山王刘勃 - successor whose mourning conduct and obstruction of investigation lead to deposition and exile.
• 刘棁 - excluded elder half-brother whose grievance becomes the denunciation channel.
• 王后脩 - Liu Bo’s mother, accused alongside him of neglecting Liu Shun and later deposed.
• 常山宪王刘舜 - deceased king whose illness, estate, funeral, and sons produce the dispute.
• 西汉常山国 - vassal kingdom abolished after Liu Bo’s removal and converted into a commandery in the received chronicle.
• 张骞 - 大行 sent by Han Wudi to investigate the royal household.
• 继位守丧可读性 - Liu Bo’s conduct makes mourning a visible test of succession fitness.
• 居丧行为法律化 - broader concept for translating filial mourning norms into punishable conduct.

Contradictions

• No settled contradiction with the canonical wiki was found; the episode supplies the mechanism behind Liu Bo’s brief reign and deposition, which Hanji 342-1 had left unspecified.
• The supplied transcript’s 刘顺, 刘伯, 刘卓, and 王后须 are normalized here to received-text forms 刘舜, 刘勃, 刘棁, and 王后脩. The stable existing page key LiuShunChangshanKingWesternHan is retained while its display name is corrected.
• The episode compresses the aftermath as abolition of the Changshan fief followed by new grants. The received chronicle distinguishes conversion of Changshan into a commandery from the later creation of Zhengding for Liu Ping; Liu Shang’s Sishui grant belongs to the fuller biographical account.
• The claims about a universal twenty-seven-month term, exact corporal and penal sanctions, pregnancy and childbirth during mourning, and Qing elite abortion or adoption practices are not tied to a named dynasty, statute, case, or scholarly source in the supplied document and remain episode-attributed.
• The denunciation emerges from real exclusion and inheritance grievance, but neither grievance alone disproves the allegations nor the allegations alone establish every motive assigned to Liu Zhuo.