A History of Ancient Near Eastern Law

(Romina) #1
6.3.3 In the fragmentary text of O. Gardiner 55, a man arranges
to give his entire wealth to his family.^419 In the Will of Senimose,
the wife retains property until she attains old age. At this point the
property is divided among her children.^420 Steps may be taken to
assure the future of women in case of their husband’s death. McDowell
observes that huts were often left to women at Deir el-Medina.^421
Woman could also inherit land in Deir el-Medina.^422

6.3.4 Property could remain undivided (under the control of a
family head) after the death of both parents.^423 According to the
Legal Text of Mes, for example, the authorities of the great qenbet
court, responsible for the division of the estate, appointed Urnero as
rw≈“trustee,” not for her children, which seems to have been legally
self-understood, but for her siblings.^424 Although the inheritance under
law was divided into parts, it remained economically in the control
of a single person, who conducted the entire process as a “trustee”
or “representative.”^425
The estate was administered, then, by a single trustee, especially
necessary in the case of Mes’s family, because it was torn by inter-
nicine squabbles. This trustee would have been effectively the head
of the family.^426 It was he or she who cultivated the estate and
divided the income into separate shares. This trustee was apparently
able to exclude those whom he or she did not recognize as family
members. Such people obviously received no shares (p“.w) from the
estate.^427

6.3.5 The undertaking to bury an individual apparently gives the
one financing the burial the right to inherit from the deceased.^428

(^419) Allam, Hieratische Ostraka.. ., 160, 161 (no. 157); Allam, Verfahrensrecht.. ., 18.
(^420) See Spalinger, “Will of Senimose.. .,” 633. See also Théodoridès, “Le testa-
ment dans l’Égypte ancienne,” 440–61.
(^421) McDowell, “Agricultural Activity.. .,” 202.
(^422) Ibid., 205.
(^423) Inscription of Mes; see Allam, “Les Obligations.. .,” 97.
(^424) Eyre, “Feudal Tenure.. .,” 120. On the role of the rw≈, see also Janssen-
Pestman, “Bulaq X.. .,” 169–70.
(^425) Allam, “Obligations.. .,” 97, remarks that the familial patrimony may be kept
undivided following the death of the parents, citing Mes.
(^426) Eyre, “Feudal Tenure.. .,” 116.
(^427) Cf. ibid.
(^428) Janssen and Pestman, “Bulaq X.. .,” 168. Cf. O. Petrie 16 (Allam, Hieratische
Ostraka.. ., 232); O. DeM 225; (ibid., 105–6).
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