法苑珠林 44.47

44.47

In the reign of Emperor Xuan of Han, between Yan and Dai, there were three men who jointly took one wife, who bore four sons. When it came time to divide the wife and sons, they could not do so equally, and so brought litigation. The Commandant of Justice, Fan Yanshou, judged it, saying: "These are not human; they must be treated as beasts, following the mother and not following the father." He requested that the three men be executed and the children returned to the mother. Emperor Xuan sighed and said: "Must matters strictly follow antiquity like this? It may be called conforming to reason and satisfying human emotion." Yanshou merely observed human affairs and knew how to apply punishments; he did not know how to evaluate human monstrosities as future portents.