A History of Ancient Near Eastern Law

(Romina) #1

   541


KAJ 2:8–15, a girl has herself adopted by a rich and influential man
who undertakes not to mistreat and to find her a husband. The
adopter promises to treat her “like his own daughter, an Assyrian
woman” (ll. 10–11: kî dumu.munus-“u-ma a“-“u-ra-ia-e), which does
not mean that the adoptee will have a lower status but rather that
she will be deemed a native of A““ur and, as such, subject to Assyrian
customary law with regard to adoption. (On the question of the
a““uràiu, cf. 4.2.1 above.)


  1. P  I


6.1 Marital Property^82


6.1.1 Edible items among the gifts (bibluand zubullû) given by the
groom’s family to that of the bride were not refundable (MAL A
30–31). For the groom’s father, transfer of these gifts gave rise either
to an irrevocable right to marriage or to withdrawal from the whole
agreement (MAL A 30). For his part, the bride’s father could offer
(or impose upon?) his future in-law another bride from among his
daughters, if the one he had designated dies (MAL A 31). The ter¢atu,
the non-consumable part of the gift, went to the wife if she were
divorced without fault (MAL A 38). It returned to the husband’s
family if the wife predeceased him and died childless (MAL A 31
and 43). Middle Assyrian law knew of an agreed marital gift, nudunnû,
given at the discretion of the husband during the marriage and sub-
ject to its consummation (MAL A 27). On his death, it was acquired
by the widow for her maintenance. During his lifetime, however, it
remained the husband’s property: his creditors could seize it, even
if it had been deposited outside the matrimonial home, in the house
of the bride’s father (MAL A 32).^83 If the marriage ended without
issue or by the death of the wife, the marital gift failed. Finally,
dumàqùjewelry given to the wife remained the property of the hus-
band, who was entitled to take it back if he divorced her (MAL A
38), or of his heirs (children, undivided brothers: MAL A 25–26). A
solemn declaration before the gods by the brothers-in-law was sufficient

(^82) Cf. Cardascia, Lois.. ., 69–71.
(^83) Cf., however, the translation of Roth, Law Collections.. ., 165, where the term
nudunnûis not restored in the break.
WESTBROOK_f13–521-563 8/27/03 12:27 PM Page 541

Free download pdf