A History of Ancient Near Eastern Law

   385

45, a slave is ceremonially manumitted and bound by a support

clause but is also said to have “redeemed himself,”^67 which suggests

that his future services were seen as a payment in fact, if not in law.

4.4.5.2 LH 171 declares the automatic manumission of a slave con-

cubine who has borne children to her master, together with her chil-

dren by him, on the master’s death.

5. F

5.1 Marriage^68

5.1.1 Conditions

5.1.1.1 It was a necessary prior condition for marriage that there

be a contract between the groom (or his parents) and the bride’s

parents whereby the latter agreed to cede control over the bride to

the groom (LE 27–28). Note that permission of the mother as well

as the father was required. If the bride was not under parental

authority, a contract was still necessary, with the woman herself (LH

128; cf. BE 6/2 40).

5.1.1.2 Marriage could be polygamous. A man could be married

to two sisters concurrently; otherwise there is no clear evidence on

the limits of consanguinity.

5.1.1.3 Marriage of slaves was valid, either between slaves or between

a slave and a free spouse. Marriage between slaves is considered in

the sources of this period only in terms of a married couple enter-

ing slavery together (AS 20). It was not possible for a person to be

the slave and legitimate spouse of their owner at the same time.^69

5.1.2 Formation

There were at least four possible stages in the formation of marriage.^70

(^67) = Roth, Scholastic Tradition.. ., 109–11; l. 8: ní.te.a.ni in.du 8.
(^68) Westbrook, Marriage Law... Unless otherwise stated, all the cuneiform mar-
riage documents cited in this section are translated in the Appendix therein. See
also Yaron, “Zu babylonischen Eherechten.. .” and Wilcke, “Familiengründung.. .”
(^69) See Westbrook, “The Female Slave...”
(^70) For a somewhat different analysis of the stages of formation, see now Greengus,
“Redefining...”
WESTBROOK_f10–360-430 8/27/03 12:26 PM Page 385