A History of Ancient Near Eastern Law

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5.1.2.1 Agreement between the parents of the bride and groom or

between the parents of the bride and the groom himself. This would

appear to be identical with the contract required by the law codes

and probably included terms affecting the future marriage, but it is

disputed whether it gave rise to legal effects already at this stage, in

particular, damages for breach.^71

5.1.2.2 Payment of an agreed sum (usually in silver) to the parents

of the bride (ter¢atum). This had a profound legal effect: the future

bride and groom were henceforth called “husband” and “wife” and

as far as third parties were concerned they were already married,

even though as between themselves the marriage was not yet com-

plete. In consequence, rape of the bride by a third party was pun-

ished with death, like rape of a married woman, which was a far

more serious offense than rape of a single girl (LE 26; LH 130).

5.1.2.2.1 The nature of the ter¢atum has been a matter of dispute

among scholars. Koschaker argued that Old Babylonian marriage

was legally a sale of the bride to the groom and the ter¢atum was

the bride-price. It did not, however, represent her commercial value,

since the husband did not acquire ownership of the wife, only mar-

ital authority (“eheherrliche Gewalt”); it was a mere formality nec-

essary to the validity of marriage.^72 But a ter¢atum, unlike a contract,

was not a necessity, and was a variable, not a nominal sum. Cuq

regarded it as a mere gift.^73 Unlike a gift, however, the ter¢atumgave

rise to rights in the groom, not only against the bride’s father but

also against third parties. Since it was unique to marriage, the ter¢atum

cannot usefully be assimilated to other legal categories. Essentially,

it secured agreement by the parents to cede control of their daugh-

ter and initiated a period of betrothal.

5.1.2.2.2 The period of betrothal between payment of the ter¢atum

and completion of the marriage, which might last for years, could

take two forms. If the groom paid the ter¢atum, his betrothed remained

in her parental home in the interim, but if the groom’s father paid

it (because both groom and bride were still young), the girl might

(^71) Westbrook, Marriage Law.. ., 29–34; Yaron, Eshnunna.. ., 173.
(^72) Rechtsvergleichende Studien.. ., 111–235, and “Eheschliessung....”
(^73) “Études.. .,” 24–42.
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