A History of Ancient Near Eastern Law

(Romina) #1
that official gives his oldest son a section of his tomb for his burial
and permission to receive funerary offerings from his own endow-
ment.^286 Other relations are forbidden from contesting this provi-
sion.^287 The transfer is recorded “in writing” and executed before
fifteen witnesses.^288

6.2.5 The Inscription of Wepemnofret contains a number of juris-
tically significant statements concerning the burial and the mortuary
cult.^289 The term “eldest son” in this text possibly refers to legal
standing and, in fact, is used for two individuals shown in the tomb.^290
This text gives an unusual list of heirs, namely, brother, wife, and
children.^291

6.2.6 The son may receive more than the daughters, while the
wife obtains more than the son. Goedicke believes that the unequal
position of the various inheritors shows that the thesis of Pirenne
concerning the equality of heirs is not valid.^292 The fact that the
wife receives the largest share is important and shows her full legal
authority.

6.2.7 Goedicke suggests that only private offices could be inherited
and not royal offices, which required the confirmation of the king.^293

6.2.8 Statements in tomb settings imply that the son who took care
of the mortuary cult inherited the property. One text, for example,
speaks of “That which his eldest son, beloved by him, the possessor
of all his property, did for him”—this found in a tomb in Hagarsa
from the period just following the Sixth Dynasty.^294

6.2.9 A brother might inherit if there are no children.^295


(^286) Eyre, “Work.. .,” 29; Goedicke, Rechtsinschriften.. ., 31–43.
(^287) Pestman, Marriage.. ., 132.
(^288) See Goedicke, Rechtsinschriften.. ., 39.
(^289) Ibid., 37.
(^290) Ibid., 34.
(^291) Ibid., 38.
(^292) Ibid., 28.
(^293) Ibid., 56.
(^294) Schenkel, Memphis.. ., 39.
(^295) Boochs, “Zur Funktion des Sn-≈.t,” 5–6.
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