A History of Ancient Near Eastern Law

(Romina) #1

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5.3.5 A specialized form of adoption was matrimonial adoption. A
woman adopted a girl from her parents “for daughtership and daugh-
ter-in-lawship” (ana màrùtim u kallùtim), gave the parents a ter¢atumas
if for a daughter-in-law, and undertook to marry the girl offto a
third party.^92

5.3.6 Dissolution of adoption was by a unilateral act and could be
done by either adopter or adoptee. The form was the reverse of the
formation formula: “You are not my son,” or “You are not my
father.” The contracts attempted to deter exercise of this right by
imposing penalties on both sides. The standard penalty for an adoptee
who pronounced the formula was to be sold into slavery; for an
adopter, to forfeit his estate, and/or pay a fixed sum. Where the
adoptee was an adult who had already been assigned a share of the
inheritance, the usual penalty was for him to forfeit that share.^93

5.3.7 Where childless parents adopted a child, the contract some-
times also protected the adoptee’s privileged position as the “first-
born”: “Even if A and B (adopters) have ten sons, C (adoptee) is
their eldest heir.”^94 For a foundling adopted without a contract, how-
ever, there was no protection. The adopter could dissolve the adop-
tion at will and send him away penniless. LH 191 gave some relief:
a childless man who had ensured the continuation of his line by
adopting a child had to give him one third of his inheritance from
his movable property.^95


  1. P  I^96


6.1 Tenure


The landholding of an individual—summarized as “field, orchard
and house” by LH—could be private property or a grant from the

(^92) See Westbrook, Marriage Law.. ., 38–39.
(^93) E.g., BIN 2 75 = Charpin, Clergé.. ., 162–64; TIM 4 13 = Stone and Owen,
Adoption.. ., 38–39.
(^94) E.g., Meissner BAP 95:6–8 = Stone and Owen, Adoption.. ., 75–6; ARM 8
1:19–26 (double share).
(^95) See Westbrook, “Adoption Laws.. .,” 199–203.
(^96) Renger, “Privateigentum.. .”; De Kuyper, “Grundeigentum...”
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