A History of Ancient Near Eastern Law

(Romina) #1

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big head,” whereas the younger son receives those “with a small
head” (HSS 19 5: 10–12, 21–22).^124

6.4.3.6 Revision
Changes in family relationships often required modification of pre-
vious post mortemdispositions and the drafting of a new will. Significant
events that could affect inheritance rights include adoption of out-
siders and death of a previously designated heir or guardian (i.e.,
the testator’s son and wife, respectively).^125

6.4.3.7 Disinheritance
Disinheritance could be effected or threatened in a variety of situa-
tions. The corresponding legal terminology displays interesting vari-
ations: làsummu¢u, “not to include among heirs,” là zâzu, “not to
divide/share,” làqerèbu, “not to lay claim” (lit., not to draw near),
“a““umma epè“u“to forfeit,” ku““udu“to disinherit” (lit., to chase away),
kirbàna ¢epû, “to break the clod” (with regard to the disinherited
person).
As a rule, the exclusion of a natural son from his father’s prop-
erty results from his adoption into sonship by someone else who will
bequeath him an inheritance. Thus, adherence in law to a new fam-
ily unit necessarily implies loss of inheritance rights by the adoptee
with respect to his natural family.
Actual disinheritance (ku““udu, kirbàna ¢epû) was primarily imposed
as a punishment for the heir’s misconduct—failure to serve, respect,
and obey the guardian (e.g., HSS 19 9: 10–14; 19: 25–31; 16: 32–34).
A number of documents of various kinds attest to actual disinher-
itance but provide no clues as the motives behind it. An interesting
case is that of HSS 5 21: a son who had been formerly disinher-
ited (kirbàna ¢epû) is later restored to his legal position of son and
(even) appointed as principal heir. He will receive a double share,
and the testator’s remaining sons will receive their (simple) shares,
“after” that of their brother, according to their rank.

(^124) Deller, “Die Hausgötter...”.
(^125) Cf. Paradise, Nuzi Inheritance.. ., 228–32.
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