A History of Ancient Near Eastern Law

(Romina) #1
174:6–18) and the right to redeem a slave from a creditor (NG 28).
Liabilities included a contract to provide services (NG 27).^95

6.2.2 Procedure
The heirs inherited the estate jointly and divided it among them-
selves. They might postpone division of all or part of the inheritance
(NG 7, 108).^96
The few sources do not reveal the principles of division, but the
eldest probably received a larger share. In a division of prebends
among six sons, one gets a far larger share (NG 12). A father who
reapportions his estate in unusual circumstances (after his eldest son
had been executed for a false accusation against him!) transfers from
the eldest son to his younger brother the office of steward (ugula)
of the Inanna temple, together with a house and furniture appur-
tenant to it, and “property (níg-gur 11 ) of the father.” Two other
brothers then agree not to contest the division “into three parts” of
the “property of the father.” The admittedly ambiguous wording
suggests that after deduction of the office and its appurtenances, the
residue of estate was divided equally between the three brothers.^97

6.2.3 Testamentary Succession
From the above example, it can be seen that a father could arrange
the shares of the heirs to some extent. He could also make a spe-
cial gift of land or slaves to one son (NG 11, 31, 98, 110). In NG
205:2–17 the other sons unsuccessfully challenge the gift of a slave,
which had been made before the governor (ensik). Probably most of
these gifts were intended take effect after the donor’s death, but in
JCS16:78, no. 43, a groom is given a house in court in connection
with his wedding, apparently by his father.^98

6.2.4 Disinheritance is mentioned only in NG 204:21–33 (see 5.2.1c
above). From the text, it is not possible to decide whether the father
was exercising a right or acting with the son’s agreement.

(^95) NG 131, where a son agrees to fulfill a contract to make a chair, may have
been a voluntary novation.
(^96) In Sigrist 5, an orchard was left undivided for 10 years, but it may have been
a partnership rather than an inheritance.
(^97) Roth, “Reassessment.. .” = Lafont, “Les textes judiciaires.. .,” no. 9.
(^98) The missing beginning of the tablet prevents certain identification, but the
giver is not the bride’s father.
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