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fails to bear, he may take another wife), the agreement also foresees
the husband’s divorcing (ezèbu) his wife, even though she had borne
him a son (ll. 25–27). Should he do so, however, the husband must
pay forty shekels of silver to his wife’s father. Note that this sum
corresponds to the bride-price paid upon conclusion of the marriage
contract.5.2.3 Gadd 12 does not make any mention of the woman’s future
residence after the divorce. The evidence of this text should be com-
pared with clauses in other marriage contracts concerning a hus-
band who marries a second wife when his first wife had borne
children. At times it is stated that the woman shall leave her hus-
band’s house^99 or will be taken home by the relative who had con-
cluded the marriage contract.^100 Possibly, such cases should be
interpreted as de facto divorce, arising from action taken by the wife
or her guardian against the husband’s violation of the marriage agree-
ments.
In this regard, attention should be drawn to the clause recorded
in the two texts quoted above at note 99: should a husband take a
second wife, notwithstanding the existence of sons borne to him by
his (first) wife, she “shall cut her hem^101 and leave.” The legal effects
of this symbolic act are by no means clear, especially in relation to
the husband “cutting the hem” on divorcing his wife^102 and to “bind-
ing the dowry in the bride’s hem” (ina qanni rakàsu) on conclusion
of a marriage agreement.5.3 Children
5.3.1 The exercise of paternal authority implied uncircumscribed
power over children. Fathers could dispose of sons and daughters
by pledging them as security for debts, selling them into slavery, or
giving them in adoption.5.3.2 There is little direct information on customary parent-child
relations, but some interesting glimpses are provided by the clauses(^99) E.g., HSS 5 67: 42; HSS 19 51: 19–20.
(^100) E.g., HSS 19 84: 15–17; JEN 435: 14–16.
(^101) HSS 19 51: 18–19: qanna nakàsu; HSS 5 67: 42: qanna na“/sàqu(lit.: “to bite”).
(^102) As seen above, the standard (and synonymous?) expression is sissiqta batàqu.
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