A History of Ancient Near Eastern Law

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wife’s. In particular, adopted sons-in-law are expected to leave (RE

82; TBR 75; cf. SMEA 9). In two cases, custody of the children is

granted to the husband who leaves, but it is not certain that they

were children of that marriage.

5.1.4 Remarriage

The pithy maxim “she is a widow with the widows, a divorcee with

the divorcees” was emblematic of independent status (Emar 16, 216;

Semitica 46, 9–10; cf. SMEA 13 “she is a widow with the divorcees”).

Nonetheless, contractual clauses imposed restrictions on remarrying,

for men as well as women. The purpose was to keep the spouse

(and their property) within the household.

5.1.4.1 A testator would allow his widow to remarry, as long as

the husband fell within an acceptable category and entered the house.

Offspring of the second marriage were then deemed to be the tes-

tator’s (Semitica 46,12–14; ASJ 13:24). The corollary was a penalty

clause dispossessing the widow if she went after a “stranger” (sararu),

that is, left the matrimonial home to marry an outsider.^30

5.1.4.2 Where the son-in-law was also adopted and therefore entered

his father-in-law’s house, provision was made for him marry another

daughter if his first wife died (TBR 72, 73, 75; cf. Emar 124). It is

not clear whether this was a right or a duty.

5.2 Children

Children were under the control of the head of household, who

could pledge them or sell them into slavery. Emar 256 records the

disinheritance of a son, with the declaration: “his staffis broken, he

is not my son.” The grounds are not stated. The effect was to dis-

inherit the grandchildren also. Adult sons were expected to support

their parents in their old age: the terms used are “support” (abàlu)

and “honor” (palà¢u). Failure to do so could lead to disinheritance

(TBR 78).

(^30) ASJ 13:24; ASJ 16, pp. 231–38; Emar 176; RE 8; TBR 45; Westenholz 14;
Huehnegard, “Biblical Notes.. .,” 431. In TBR 22, the injunction by a husband,
on the occasion of a marital gift to his wife, that no one may enter her bedroom,
may refer to her widowhood and the conditionality of the gift.
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