A History of Ancient Near Eastern Law

(Romina) #1

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parents, expressed by the hendiadys “father-mother” (attas annas)—
contrary to the supposedly patriarchal character of the family in
Hattusa. If the agreement fails because the parents marry the girl
offto another, the groom receives back from them anything that he
gave. If another abducts the girl and marries her, the abductor must
indemnify the groom for his outlay. Hence the parents must pay
compensation only when they themselves fail to keep the agreement.

5.1.2 The next stage is attested by HL 29. The parents now “bind”
(vb. ¢amenk-) their daughter to the man. The latter brings a further
payment, called kusata, which, according to an Akkadian-Hittite glos-
sary, is the equivalent of Akkadian TIR›ATUM. It may be qualified
as a betrothal payment, since the resulting arrangement is betrothal,
but in a closer legal relationship than arose from the promise in HL
28, as can be seen from the consequences of withdrawal by one of
the parties. If the parents of the bride “separate” the couple (note
that the mother has an equal say in the matter), they must repay
double the kusata(threefold according to HL XXII). The man may
withdraw, as long as he has not yet “taken” the bride, that is, the
marriage has not yet been consummated, but he loses the kusatathat
he paid (HL 30). In this way, breach of contract by either party is
punished.

5.1.3 The process is concluded by the wedding and consummation,
which makes the marriage complete in law. Withdrawal by the man
is no longer possible; only divorce can dissolve the union. Completion
of the marriage is made public by the wedding ceremonies, as is
shown on a cultic vase discovered at Bitik. It depicts a standing man
offering with one hand a cup to the woman sitting before him, while
with the other he lifts her veil.^60 The formalities also include trans-
fer of the dowry to the bride by her father (HL 27).

5.1.4 Marriage can lower the social status of a free woman, if she
marries a semi-free man (cf. 4.4 above).

(^60) Alp, Song.. ., 17.
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