A History of Ancient Near Eastern Law

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contracts stipulate a single penalty for divorce and some other mis-
behavior; in 91/k 132 and d/k 29, for a “misdeed” (“illatum)^117 of
the wife; in 91/k 132, also for “maltreatment” by the husband. 94/k
141 (unpubl.) allows the husband to strip (¢amàßum) his misbehaving
wife of her clothes and chase her away naked(?). Kt 94/k 141 allows
the husband who “hates” (ze"àrum) his wife to chase her away (tarà-
dum), but he has to pay her divorce money.

5.1.6.2 Divorce Settlements^118
The majority of divorces are consensual,^119 but we also have divorce
initiated by the husband (EL 4 and 5, ICK 1 32; 89/k 345) or by
the wife (r/k 19). In purely Anatolian marriages, divorce takes place
under the supervision of the local ruler or his second-in-command,^120
which suggests a form of public control. One Anatolian divorce con-
tract bears the subscript “penalty/guilt (arnu) of N.” (the husband).^121
Among Assyrians, divorce was a purely private arrangement, before
witnesses,^122 but complications (concerning property, payments or the
children) could be a reason to seek legal help. In kt 91/k 240, the
divorce took place in the presence of people “seized” by the par-
ties, probably as arbitrators. In EL 276, the verdict that a husband
should pay his wife divorce money but obtain their three sons was
pronounced by a kàrumcourt. Payment of divorce money (èzibtum)
to the wife is mentioned in several settlements.^123

5.1.6.3 Property Settlements
In kt 91/k 240, an Assyrian couple balances assets and debts to
arrive at the wife’s divorce money. The Anatolian husband in EL 4
leaves his wife all his property but also the debts; in kt 89/k 345
the wife (who initiated the divorce) “pays 30 shekels of silver for the
creditor”; in KTS 2 6, partners will divide the house which is their
common property; and in kt r/k 19, the wife “takes her slave-girl

(^117) See, for its meaning, Veenhof “Marriage Documents...”
(^118) See esp. Rems, “Kleinigkeit...”
(^119) Expressed by the passive-reflexive stems of the verbs ezàbum, “to leave,” and
paràsum, “to separate.”
(^120) The so-called notarization; see 2.1.1.2 above.
(^121) See Balkan, Letter, 45f.
(^122) I 513 states, “They (husband and wife) settled their case.”
(^123) EL 3; ICK 1 32; kt j/k 625; kt k/k 1; kt 91/k 240; the verdict EL 276. See
also Rems, “Kleinigkeit.. .,” 359ff.
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