A History of Ancient Near Eastern Law

(Romina) #1

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The probable explanation for this provision is the testator’s concern
to grant adequate support to the guardian until the time of her
death. In fact the texts include a standard clause stipulating that the
sons—future heirs—must “serve, respect” (palà¢u) and/or “listen to,
obey” (“emû) the guardian as long as she lives.

6.4.3.4 Assignment of Shares
The testator could either assign a preferential (i.e., double) share to
the person designated as “first rank,” “principal” heir and secondary
(i.e., single) share(s) to the person(s) designed as “second rank,” “sec-
ondary” heir(s) or assign equal shares to all heirs. In the latter case,
which represents a deviation from the customary pattern of (intes-
tate) succession, the texts explicitly state that “there is no ‘great’
or ‘small’” among the testator’s sons (see, e.g., HSS 19 18: 14; cf.
HSS 19 17: 12–13), and consequently, they shall “divide equally”
(mit¢àri“/mala¢àmi“ zâzu). Minor portions of the patrimony could be
assigned to principal or secondary heirs in form of an (additional)
gift (kitru).^122 The detailed description of the property and the explicit
mention of the beneficiary patently aim at separating the object of
the kitrufrom the rest of the estate that is divided among the heirs.

6.4.3.5 Household Gods
In the presence of multiple heirs, the testator could expressly indi-
cate the person to whom the household gods (DINGIR.ME”= ilànu)
are assigned. The transfer of family tutelary idols takes place upon
division of the estate, after the testator’s or guardian’s death.
As a rule, the household gods were given to the principal heir,
but possession of the idols did not imply any appointment of pater-
nal authority over the other heirs.^123 Rather, it should be noted that
the splitting of the original household into new, separate entities
could give rise to different testamentary dispositions. On the one
hand, the testator could prohibit the division of the household gods
among brothers and forbid the fashioning of new idols (HSS 14
108: 23–30). On the other hand, at least in one case, we learn of a
division of sacred idols: the first-born is assigned the gods “with a

(^122) Cf. ibid., 249–53.
(^123) Cf. ibid., 237–42.
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