A History of Ancient Near Eastern Law

(Romina) #1

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the texts from Kanish),^129 a presumably childless couple manumits
and adopts a slave. Having served his parents respectfully all their
life, he will inherit their property (a field and an ox). The penalty
clauses provide that if the father reclaims him as a slave, he will
pay a heavy fine; if the son offends and rejects his parents, he will
be expelled and sold into slavery. In an unpublished late Old Assyrian
adoption contract the adoptive son, as eldest heir (aplum), is promised
a double share in the inheritance.
In EL 7, an Anatolian couple adopts a daughter (ana mer"ùtim
laqà"um), who is married to their son. The young couple joins their
parents’ household, but if they “do not like it” any longer, their par-
ents will provide them with a separate dwelling.^130 The adoptive son
of EL 8 has to work for his parents’ household, shares with them
“anything there is,” acquires part of the house (dunnum), and ulti-
mately will “obtain” (laqà"um) their possessions. If “he hides anything”
(of his earnings) or decides to live separately, he is fined and will be
killed. The birth of a natural son of his parents has only financial
consequences,^131 and his own son will “obtain” (inherit?) the whole
household.”

5.2.3 Brotherhood
EL 8 has some similarity with a group of Anatolian contracts, where
two to four young men are said to be each other’s brothers (at¢ù)
and to share the household with an elder couple, designated as
“father and mother.”^132 Some of the “brothers” probably were adopted
sons. Clauses oblige them “to live together in one house, to earn
money for the one house, to hide nothing, not to ask for a share
(in the property),” subject to heavy fines. Only after the head of the
family or both parents have died can the “single household” be bro-
ken up, “if they like it,” and the property “be divided equally.” The
contracts also contain provisions about the shares of brothers who
have died in the meantime, which may go to their wives or sons.

(^129) Veenhof, “Adoption and Manumission...”
(^130) In l. 6, read: è[¢uz], “he married,” in l. 9, [là] †á!-bu-ú, and at the end of l.
12, ba-[tám], “separately” (collated).
(^131) The clause “6 shekels of silver will be available for e-le-e” is not clear.
(^132) See 6.2.7 below and the analysis in Veenhof, “Care of the Elderly.. .,” 145ff.
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