A History of Ancient Near Eastern Law

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erty and to indemnify the neighbor for any loss caused by failure

to do so (LL 11; LH “e”).

6.3 Inheritance^101

Male and female lines of inheritance differed in principle. Sons were

entitled to inherit the paternal estate (called “the house of the father”)

on the death of the father. They could only be disinherited for cause

(LH 168–69). Daughters received a share of the paternal estate by

way of dowry upon marriage. In law, at least, the grant of a dowry

was not obligatory. There were many exceptions to this basic pattern.^102

6.3.1 Male Inheritance

6.3.1.1 The primary heirs were legitimate sons of the deceased. If

the father’s first wife died and he remarried, the sons of both mar-

riages were equally entitled (LL 24; LH 167). If a son predeceased

his father but had sons of his own, the latter would take his place

(e.g., BE 6/2 32 = UAZP 191).

If a man died leaving no legitimate son (or grandson), his unmar-

ried daughters would inherit (LL “b”). In the absence of legitimate

offspring, his son by a prostitute could inherit (LL 27). The next

rank of heir by default is likely to have been the deceased’s broth-

ers, as in the previous period. His widow did not inherit by default.^103

6.3.1.2 The estate included all the deceased’s assets, real and per-

sonal, expressed as “from chaffto gold” (i“tu pê adi ¢uràßim). It also

included his debts (JCS8, 137–38:33–36; LH 12).

6.3.1.3 The heirs automatically became joint owners of the whole

estate, which they would then proceed to divide. Division was carried

(^101) Klima, Erbrecht.. .; Driver and Miles, Babylonian Laws, 324–58; Kraus, “Er-
brecht...”
(^102) The law codes use Sumerian terminology, which can be ambiguous as to gen-
der. dumu means “son” (Akk. màrum) and dumu.mi 2 means “daughter” (Akk. màr-
tum), but especially in the plural, dumu can be gender non-specific. Nonetheless,
dumu is paradigmatically a son and should be taken as such unless the context
demands otherwise. It should be noted that Sum. ibila/Akk. aplumcan mean “son,”
“heir,” “son-and-heir,” or “first-born son,” depending on context. Only rarely could
it be interpreted as applying to female heirs. See Kraus, “Erbrechtliche Termi-
nologie.. .,” 18–24.
(^103) Cf. Kraus, “Erbrecht.. .,” 16.
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