A History of Ancient Near Eastern Law

(Romina) #1

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and everything there is out of the house” but gives up her claim on
the tusinnum.

5.1.7 Remarriage
Widows and divorcees can marry again. According to kt 91/k 240,
the husband is free “to marry a wife of his choice,” his wife “to go
to a husband of her choice”; kt n/k 1414 specifies that the latter
can be an Assyrian (tamkàrum, “trader”) or a native Anatolian.^124 Two
verdicts^125 stipulate, as a result of a trial, that a wife’s parents “as of
today can give her to a husband (of their choice).”

5.2 Children and Adoption


5.2.1 Children
Upon divorce an Assyrian father seems to have kept his children if
he met his financial obligations.^126
Children under their parents’ authority could be pledged (given
as erubbàtum) and sold for their debts, also by mothers (widows?)
alone. They occur many times in security clauses of Anatolian debt
notes, where girls are mentioned as pledge (erubbàtum) or the amount
of the debt is said to “be bound” also to the debtor’s children.^127
The Anatolian adoption contract EL 8 stipulates that the adoptive
father may sell his son (only) in case of dire necessity, “if he becomes
poor.”
Assyrian sons and daughters inherit from their parents and have
to care for them in old age and to bury them, but this duty may
be assigned to one of them in connection with the division of the
inheritance.^128

5.2.2 Adoption
Adoption is poorly attested, because adoptions would have occurred
in Assur, where the documents would also have been kept. In the
single contract from Assyria proper (a little later than the bulk of

(^124) Remarriage probably also in EL 3:4; see vol. II, p. 168.
(^125) Kt 78/k 176 and kt 88/k 1095.
(^126) EL 276; ICK 1 32; EL 6; cf. EL 4.
(^127) See Veenhof, “Money-lender.. .,” 295ff.; Kienast, Kaufvertragsrecht..., 74ff.,
and CAD ”/2 sub “errua, l'.
(^128) Veenhof, “Care of the Elderly.. .,” 126ff., 141ff., ad kt 91/k 389.
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