6.2 Inheritance
6.2.1 According to Théodoridès, the right of primogeniture, the
rule maintained through a testamentary provision from the Fourth
Dynasty, no longer obtains in the Middle Kingdom. He sees as proof
of this development the will of Djefa-Hapi, a nomarch and high
priest of Siut in the Twelfth Dynasty.^221 In that text, Djefa-Hapi
addresses his funerary priest, making the arrangements directly with
the priesthood of Siut concerning his mortuary cult.^222 He transfers
properties, which as he declares are part of his patrimony, and do
not come from the “house” of the nomarch. He thus commits the
high priesthood for the future.^223 Texts such as that of Djefa-Hapi
suggest that the eldest son was not necessarily guaranteed the con-
trol of the property.^224 The contracts of Djefa-Hapi are made in the
presence of a temple court, which thus assures their validity.^225 It is
not clear whether a widow also became subject to the control of her
eldest son upon the death of her husband, as some have suggested.^226
In literature, one observes that Sinuhe also leaves his possessions and
his tribe in the charge of his eldest son.^2276.2.2 The transfer deed of Ankhreni confirms that his possessions
in “country and in town” go to his brother, Wah. This brother in
turn composed a will, giving the property to his own wife.^228 He
specifies that his wife will then give the property to any children
which she may bear him (i.e., Wah). He further states that he gives
to her three Asiatics and that she will be buried with him in his
tomb. Wah declares that his wife shall be able to dwell unmolested
in the house built for him by his brother.^229(^221) On the Djefa-Hapi texts, see Théodoridès, “Contrats.. .”; Menu, “Quelques.. .,”
196–97.
(^222) See Harari, “L’échange,” 49–51; Théodoridès,“Sixième.. .,” 466.
(^223) Théodoridès, “Concept of Law.. .,” 303. See also Edel, “Erbschaftsbestim-
mungen.. .,” 98–99. For 3wfi-tr.tas a term for the transfer of property between liv-
ing persons, as in Brooklyn 35.1445, Théodoridès, “Rapport.. .,” 76, but see also
comments ibid., 78–79, on the “delivery of property.”
(^224) Théodoridès “Sixième.. .,” 445.
(^225) Ibid., 462.
(^226) Théodoridès, “Concept of Law.. .,” 296, and “Vente.. .,” 55.
(^227) Lichtheim, AEL1, 231.
(^228) On the “will” of Kahun VII.1, see Théodoridès, “Le testament...”
(^229) Johnson, “Legal Status.. .,” 178. See also Eyre, “Adoption.. .,” 219; Janssen-
Pestman, “Boulaq X.. .,” 152.
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