A History of Ancient Near Eastern Law

(Romina) #1
5.1.3 Dissolution
The verb tag 4 is used of dissolution of marriage by the husband or
by order of the court (NG 205:25: ba-tag 4 ). The verb also appears
to have been used for the dissolution of betrothal (NG 15, 20, and
possibly 205:60–70). If the divorce was without grounds, the hus-
band had to make a divorce payment (níg-dam-tag) in silver. LU
9–10 stipulate one mina for a first-time wife and thirty shekels for
a widow; in the court cases, the attested awards are forty shekels
(NG 210) and one mina (NG 4, 205:60–70). Where a wife agreed
to settle out of court, probably because there were potential grounds,
she received only ten shekels (NG 20).
The grounds for divorce attested are failure to consummate the
marriage (NG 22; Sigrist 4) and adultery (NG 205:18–26).

5.2 Adoption


5.2.1 There are only isolated examples of adoption, but it may lie
behind the family relations in many other texts.^80 The examples are
not straightforward cases of adoption of children but special arrange-
ments also found in other periods:

(a) Pension. In NATN 131, a man causes another “to enter into his
heirship” (6: ibila-na ba-ni-ku 4 ) as part of a strictly commercial
arrangement. The adoptee pays offthe adopter’s debt and con-
tracts to pay him a pension, in return for the adopter’s estate, of
which he acquires immediate possession.^81
(b) Manumission. In NATN 920, a “father” frees his slave for heir-
ship. Probably the slave was his natural son by a slave concubine,
whom he adopts in the absence of legitimate sons.^82
(c) A much discussed text, NG 204:21–33, appears to have a debtor
selling his daughter to his creditor and disinheriting his own son
in favor of the latter. Falkenstein proposes that it is rather the cred-
itor who is adopting the disinherited son, but the former scenario
is not unthinkable. In other periods debtors with capital but no
income resort to equally desperate measures.^83

(^80) E.g. JCS16:78, no. 43, where a man gives his own son a house on condition
of his marrying a certain woman—a curious arrangement unless it is part of an
adoption bargain.
(^81) Wilcke, “Care of the Elderly.. .,” 54–55; cf. NATN 149, ibid.
(^82) Wilcke, “Care of the Elderly.. .,” 53–54.
(^83) Siegel, “Slavery.. .,” 13–15, who points out that the arrangement takes place
before the vizier; Falkenstein, GerichtsurkundenI.. ., 110 and commentary ad loc.
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