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commission of a crime (homicide or treason) terminates the state of
indivision or allows an outsider to participate in it, through ransom
(MAL B 2) or confiscation by the king (MAL B 3); reasoning back-
wards from this, it may be concluded that a brother could not uni-
laterally divide the family property.^87 An undivided owner forfeits his
rights to his brother when, for the second time, he neglects to cul-
tivate his share but nonetheless takes his part of the harvest (MAL
B 4). Heirs could resort to arbitration to determine the content of
each share, without necessarily carrying through a division (AfO20,
122).^886.2.2 If they unanimously decide to end the state of indivision, the
brothers divide among themselves, reserving a double share for the
eldest (MAL B 1 and O 3). The procedure is that the eldest first
chooses his share of the landed property, followed by his younger
brothers. On the other hand, “ilu¢liserfs and other appurtenances
of the land are divided into shares by the youngest, after which the
eldest takes for himself and the other brothers draw lots. Legitimate
sons, natural or adopted, inherit from their father (MAL B 1) and
their mother, that is, her dowry and personal possessions (MAL A
29). Natural sons from a concubine (esirtu) inherit in the absence of
legitimate children (MAL A 41). A son from a previous marriage is
not legitimized by his mother’s remarriage; in order to inherit from
his stepfather, he must be adopted by the latter, failing which he
will inherit the estate of his natural father (àlidànu, “begetter”: MAL
A 28). Sons inherit both the assets and the liabilities of their father’s
estate.^89(^87) Ibid., 71–72, 264–67.
(^88) In Weidner’s interpretation of ll. 20–22 (“Erbteilung.. .”), the eldest chooses
and the younger brothers contest the division. For Szlechter, “Chronique.. .,”
144–45, followed by Cardascia, Lois.. ., 263–64, and Saporetti, Famiglia A...,
104–6, division by an arbitrator is challenged by the eldest and his brothers. In
fact, it would appear that the division into shares, which is assigned to a third party
and allotted by the public authorities, is only in theory; the parties decline to end
the state of indivision for the meanwhile (ll. 20–22: PN utasìq/PN 2 u a¢¢è“u ana zuàzi
la imagurù, “PN has chosen. PN 2 and his brothers do not agree to divide”).
(^89) E.g. OBT 100, 102, 3025; KAJ 122; and VAT 20328 (Freydank, “bitqìbatàqu.. .”),
where the king relieves the heir of his deceased father’s debts.
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