A History of Ancient Near Eastern Law

(Romina) #1
“usufruct” of the property acquired jointly by a couple during their
marriage, that is, he could dispose of it without the permission of
his wife. Nevertheless, he was then required to compensate her with
something of equal value.^346
On the basis of the later material, Johnson suggests that daugh-
ters received their inheritance as a dowry^347 when they married,
unlike sons, who only acquired their inheritance upon the actual
death of the parents.^348 In the Late period (sixth century and after),
the women often received a house or part of it as a dowry or wed-
ding gift, which suggests that the “generic” title nb.t-pr, “mistress of
the house,” common in the New Kingdom, may be more significant
than is generally assumed.^349

5.1.4 Divorce
There is very little detailed evidence for divorce, although several
texts allude to it.^350 True divorce documents are only attested in the
Late period.^351 An unfortunately obscure text (O. Bodleian Library
253) contains the oath of a man before the court, declaring that if
he divorces his wife, he receives one hundred blows and loses his
share of their common property.^352 That division of property after
a divorce could be problematic is suggested by O. Gardiner 157, a
“list of the objects of A which are in his house after he divorced B,
his former/first wife.”^353 Both the husband and the wife could prob-
ably divorce without offering any particular grounds. Some Deir el-
Medina texts apparently aim to protect women from the economic
impact of divorce.^354

(^346) Johnson, “Legal Status.. .,” 177.
(^347) An Egyptian word for “dowry” is not securely attested. Sfrmay mean “dowry”;
see ’ernÿ, “Constitution.. .,” 46. On sfr, see Théodoridès, “A propos de la loi...,”
39.
(^348) Johnson, “Legal Status.. .,” 184.
(^349) Ibid., 185. But see also Eyre, “Adoption.. .,” 212.
(^350) See Pestman, Marriage.. ., 60, 75, 78; Théodoridès, “Droit Matrimonial...,”
48–49; Johnson, “Legal Status.. .,” 182–83; Eyre, “Adoption.. .,” 217. Also Late
Ramesside Letter 46, transl. in Wente, Letters.. ., 173. See also Eyre, “Crime...,”
99; Janssen, “Marriage Problems.. .,” 137 (discussed in 8.3.1 below).
(^351) Allam, “Mariage.. .,” 122.
(^352) Lorton, “Treatment.. .,” 42; Allam, Hieratische Ostraka.. ., 40–41, and Ver-
fahrensrecht.. ., 24.
(^353) Janssen, Commodity Prices.. ., 508.
(^354) Eyre, “Crime.. .,” 99.
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