A History of Ancient Near Eastern Law

(Romina) #1
drawn up for purposes of inheritance, taxation, or property trans-
fer, begins with the male head of the household.^158 Nevertheless,
females probably enjoyed equal rights under the law.^159 Indeed, only
the mother’s name is often given in Middle Kingdom filiations.^160
The lesser presence of females as parties of litigation or witnesses is
probably due to social causes and not legal restriction. In general,
women did not hold public offices.^161 Ward having eliminated one
possible example of women serving on such judicial councils,^162 female
“magistrates,” sr.w, are not attested for the Middle Kingdom.

4.3.1 Women were able to hold and alienate private property. The
purpose of P. Brooklyn 35.1446, for example, may have been to
“establish the right of a woman named Senebtisy to the ownership
of ninety-five household servants.”^163 A transfer document giving a
woman property to administer nevertheless contains the statement
by the man: “It is the Deputy Geb who will educate my children.”^164

4.3.2 In P. Brooklyn 35.1446, there is a reference to a married
woman apparently conducting a lawsuit against her own father.^165
This papyrus records a gift of property made by a private individ-
ual to his second wife (a deed of gift), which has been then disputed
by the daughter of the man’s first wife. This case is heard before a
djadjatcourt, which confirmed the donor’s right to transfer the prop-
erty to his second wife.^166

4.3.3 The wife seems to have had an assured interest in the mat-
rimonial property.^167 Eyre points out that the will of Wah provides
his widow with a lifetime interest in property which he inherited

(^158) Parkinson, Voices, 112.
(^159) See Johnson, “Legal Status.. .” See further Ward, Essays.. ., 59–60; Malaise,
“Position...”
(^160) Allam, “Familie-Struktur,” col. 107.
(^161) Johnson, “Legal Status.. .,” 175.
(^162) Ward, “Female Member...”
(^163) Simpson, Textes et Languages.. ., 69. See also Pestman, Marriage.. ., 85. The
seal of a wife is mentioned in P. Brooklyn 35.1446; see Hayes, Papyrus.. ., 116.
(^164) Johnson, “Legal Status.. .,” 178.
(^165) Théodoridès, “Concept of Law.. .,” 303; Johnson, “Legal Status.. .,” 183.
See also Lorton, “Legal and Social Institutions.. .,” 349; Pestman, Marriage.. ., 138;
Quirke, Administration.. ., 147.
(^166) Hayes, Papyrus.. ., 143.
(^167) Eyre, “Adoption.. .,” 219.
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