A History of Ancient Near Eastern Law

(Romina) #1
her estimated price.^123 It is also probable in cases where the person
sold (so far all are male) is qualified by his patronymic, which indi-
cates that a free person is sold into slavery,^124 and where a profes-
sion is mentioned.^125 Note the exclamation of a defaulter, “let them
take away the area of the Inana irrigation-ditch, but let them not
lead away my children!”^126


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5.1 Marriage


5.1.1 Conditions
Irikagina prides himself in version (c) of his edicts^127 on the aboli-
tion of the crime of women “taking,” that is, marrying, two hus-
bands: “It was so that women of former times took two husbands
each. Today’s women have abandoned that crime.”
Formerly, this was understood as the abolition of polyandry; later
the alleged abuse was explained as abstention from divorce in view
of high costs.^128 It would be simpler to assume that Irikagina is talk-
ing about the remarriage of widows (and divorcées). Equally, no evi-
dence for polygamy can be found in our sources. Marriage was
monogamous. Taking a female slave as a concubine was probably
not exceptional.^129

5.1.2 Terminology
In Sumerian, both partners to a marriage are called dam. To take
a spouse is tuku; apart from the text of Irikagina cited above (5.1.1),
it is to date only attested with the husband as the (ergative) subject.
dam taka 4 means “to divorce.”

(^123) Yang, Sargonic Inscriptions.. ., A 815.
(^124) SRU 40–50; 58; MVN 3 62; see also 77.
(^125) Foster, “Business Documents.. .,” no. 3: má-la¢ 5 “(ship’s) captain.”
(^126) Wilcke, “Neue Rechtsurkunden.. .,” 56ff.: Grand document juridique, K.
(^127) FAOS 5/1 Ukg. 6 iii 20–24.
(^128) Hru“ka, “Die Innere Strukur.. .,” 121f.,
(^129) See 4.4.2.2 above on houseborn slaves.
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