A History of Ancient Near Eastern Law

390 

5.1.5 Polygamy

5.1.5.1 Legal sources on polygamy are confined to bigamous mar-

riages. A complicating factor is that many concern the special classes

of nadìtumand “ugètum(see 9 below). Nonetheless, the general prin-

ciples would seem to have applied mutatis mutandis.

5.1.5.2 In theory, there need not have been any legal relationship

as between the two wives. In practice, both the law codes and mar-

riage contracts were at pains to establish legal bonds and a hierarchy

of status. The two explicit relationships were sisterhood and slavery.

5.1.5.2.1 Sisterhood might arise naturally, when a man married two

biological sisters (TIM 4 47), or by the first wife adopting the sec-

ond as a sister (Meissner, BAP 89). The legal result was that their

offspring were regarded as the children of both. The second sister

was usually subordinated to the first. Indeed, a natural sister might

be made the slave of her senior sibling. She could even be included

in the latter’s dowry (CT 45 119 = Wilcke, “Bigamie.. .”).

5.1.5.2.2 The second wife could be the slave of the first, often given

by the first to her husband (CT 8 22b). The offspring of a slave

belonged to her mistress; at the same time, they were regarded as

the free, legitimate issue of their father, since as regards her hus-

band the second wife was not a slave.

5.1.5.3 Relations between the two wives could also be regulated by

contractual clauses. For example, loyalty was demanded of the sec-

ond wife: “With whom she (W 1 ) is hostile she (W 2 ) will be hostile;

with whom she is friendly, she will be friendly” (CT 48 48).^84

5.1.5.4 The law codes lay down certain conditions for the taking

of a second wife. LL 28 and LH 148 permit it when the wife is

suffering from certain (presumably incurable) diseases, and LH 141

when the husband would be entitled to divorce his wife for mis-

conduct but chose not to. If, as these paragraphs infer, a husband

(^84) zeni“a izenni salàmi“a isallim. Not following Westbrook, Marriage Law.. ., 109.
Weinfeld has demonstrated the connection with similar phrases in loyalty oaths
(“Covenant.. .,” 194).
WESTBROOK_f10–360-430 8/27/03 12:26 PM Page 390