Can you recall how many people you have brushed against while walking on the street? Probably not. Such an event is so insignificant that you do not keep track of it.
Now imagine a world where this simple mistake could cost you your life. Legally. This was the case in feudal Japan, where the practice of Kiri-Sute Gomen was prevalent among the Samurai class.
Meaning of Kiri-Sute Gomen?
“The term Kiri-Sute Gomen translates to “authorization to cut and leave,” aptly describing the samurai’s privilege to execute immediate retribution for perceived slights.”
Feudal Japan was a land of strict social hierarchies and rigid codes of conduct, especially for the samurai class. Among the many customs that governed this era, Kiri-Sute Gomen stood out as particularly severe. This practice granted Samurai the legal right to attack persons of lower status with the sword for perceived disrespect.
This right was not exercised arbitrarily; it was deeply embedded in the cultural and legal frameworks of the time, reflecting the values and norms of feudal Japanese society.
Understanding Kiri-Sute Gomen provides insight into the complexities of honour, power, and social order in historical Japan. It sheds light on the lengths to which the samurai would go to preserve their honour and the profound implications this had on the lives of common people.
Where did Kiri-Sute Gomen Come From?
The origins of Kiri-Sute Gomen can be traced back to the early feudal periods of Japan, particularly during the Kamakura (1185–1333) and Muromachi (1336–1573) eras. During these times, the samurai class began to solidify its status as the warrior elite, entrusted with maintaining order and upholding the strict social hierarchy.
The practice was deeply rooted in the samurai code of honour, known as Bushidō. This code emphasized virtues such as loyalty, courage, and honour. An affront to a samurai’s honour was considered a serious offence to the samurai and the lord they served.
Kiri-Sute Gomen emerged to address such offences swiftly, ensuring respect for the samurai class was maintained.
Over time, this practice became codified within the legal frameworks of the Tokugawa Shogunate (1603–1868). The shogunate implemented laws that formalized the conditions under which Kiri-Sute Gomen could be exercised. This legal backing further entrenched the practice within Japanese society, making it a distinctive feature of the era’s social dynamics.
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Did Samurai Attack Each Other with the Kiri-Sute Gomen?
While the Kiri-Sute Gomen was primarily practised on peasants and commoners, it was also extended to other members of the Japanese society, including samurai themselves. If a high-ranking samurai felt that a junior colleague had disrespected him, he could invoke his right of Kiri-site Gomen and attack to defend his honour.
However, in this case, the victim was allowed to defend himself with a short sword.
Rules that Governed the Kiri-Sute Gomen?
While Kiri-Sute Gomen granted Samurai the right to execute immediate justice, it was governed by a set of strict rules to prevent arbitrary killings.
Immediate Action
The strike of the samurai has to be carried out as soon as disrespect was perceived. This immediacy was crucial; any delay could render the act unjustifiable, as it might be construed as premeditated revenge rather than a spontaneous defense of honor.
Also, if the initial strike was not fatal, the Samurai was forbidden from delivering a second killing blow.
Real Offence has to be Committed.
As it may sound, a samurai must not misuse power. There has to be an offence. Samurai are not permitted to use the Kiri-Sute Gomen indiscriminately.
To enforce this rule, a witness must be present to confirm that there was an actual attack on the samurai’s honour. However, as we will see, the samurai soon found a simple way around this rule.
Justification after the Action
The samurai was obligated to report the incident to the local authorities without delay. This report needed to include a credible witness who could attest to the circumstances, ensuring that the act was not a misuse of power. The samurai were also expected to remain at home for a period, typically around twenty days, as a sign of contrition and to allow for the investigation to proceed.
During this period of investigation, the samurai has to cede his sword. If it is in the case where the killing is not justified, the Samurai could face serious consequences that can even include his own execution or he is forced to commit seppuku (take his own life)
Exempted Professions
Additionally, certain professions, such as doctors and midwives, were exempt from Kiri-Sute Gomen while performing their duties. This exemption acknowledged the necessity for these individuals to interact across social boundaries without fear of lethal repercussions.
How did the Samurai Abuse their Power?
Despite the stringent regulations listed above, the Kiri-Sute Gomen was susceptible to abuse, leading to numerous controversies. Some samurai exploited this privilege to assert dominance, using lethal force for minor or even fabricated offences. The power imbalance made it difficult for commoners to contest such actions, fostering an environment where fear and oppression prevailed.
To get around the law, samurai were known to move around with a personal servant who was used as a personal witness by the samurai. Such testimonies were accepted even though it was obvious that a servant was very unlikely to testify against his master.
There are several recorded incidents that illustrate the inefficiencies of the Kiri-Sute Gomen. One notable incident involved a samurai named Saiheiji Tomo, who, after being dishonoured by a commoner (who ran off with his sword after an initial offence), killed the individual and his extended family.
These cases illustrate how Kiri-Sute Gomen, initially intended as a means to uphold honour, often became a tool for cruelty and abuse. The practice blurred the line between justice and tyranny, leaving commoners vulnerable to the whims of the ruling class.
The Kiri-Sute Gomen Was a Way To Rule By Fear.
In reality, Kiri-Sute Gomen was less about honour and more about power and control. The system reinforced the dominance of the samurai class, ensuring that peasants lived in constant fear. This fear made commoners less likely to rebel and more likely to comply with orders.
Peasants raised in a society where their life was so meaningless that any random Samurai could take it for “Perceived disrespect” are more likely to accept the Samurai as their lords.
This fear-driven respect created deep cultural tensions. Peasants viewed samurai as both protectors and oppressors, leading to resentment and submission. Over time, this imbalance highlighted the injustice of the system and sowed seeds for reform.
Decline and Abolition of Kiri-Sute Gomen
The decline of Kiri-Sute Gomen began as Japan modernized. By the 19th century, feudal structures started to collapse. The Meiji Restoration (1868) marked a turning point, pushing Japan toward democracy and legal reforms.
The Haitorei Edict of 1876 banned samurai from carrying swords, effectively ending their power to enforce Kiri-Sute Gomen. Modern laws emphasize equality and due process, making it illegal to kill without proper justification.
Also, as swords became less reliable tools of combat, the Samurai began to lose their influence in Japanese society. With the decline of the Samurai class, laws such as the Kiri-sude Gomen went down with it.