A History of Ancient Near Eastern Law

674    

5.3.4.2 Consequences

Most adoption contracts contained penalties for unilateral dissolution.

5.3.4.2.1 Where an inheritance was expressly assigned, the party

dissolving was often penalized with its forfeiture (RE 28, 30; TBR

48; Ekalte 38, 75). Sometimes the adopter forfeited to the adoptee

not only his due share but the whole of the estate (Emar 30; TBR

41, 42, 74, 78). Curiously, when the adoptee is also a son-in-law,

forfeiture of the estate is not expressly mentioned.

5.3.4.2.2 An adopted son-in-law who dissolved forfeited his wife

and children; if the adopter dissolved, the son-in-law could depart

with his wife and children (AO 5:14). Usually there was an addi-

tional pecuniary penalty on the party in breach (RE 25; TBR 39,

40, 43, 46, 72, 75; cf. RE 88). The standard penalty appears to

have been sixty shekels.^36

5.3.4.2.3 Where the relationship between the parties was also cred-

itor and debtor, forfeiture of the debt by the creditor is also a pos-

sible penalty (TBR 39; RE 63).^37

5.3.4.2.4 Manumitted slaves are not treated uniformly. Two adoptees

who terminate must pay sixty shekels, “their price,” in order to leave,

and are paid the same if the adopter terminates. In Emar 176, the

adoptee must give a slave as her substitute. In RE 26, the adoption

is dissolved by the adopter declaring “You are my slaves,” in which

case the adoptee is free to leave with his wife. Dissolution by the

adoptee is achieved by an unclear action (vb. i-da-in), for which he

forfeits his wife and must pay one hundred shekels before leaving.

5.3.4.2.5 ASJ 16, pp. 231–8 has a unique penalty on the adoptee,

possibly a manumitted slave. The adoptress will “slap his face and

sell (? vb. ku““udu) him at the gate.”

(^36) A pecuniary penalty alone is imposed on the adoptee in TBR 40 and 46 and
on both in RE 63 and TBR 73. In some of these cases at least, debt was a com-
plicating factor.
(^37) In RE 63, the debtor dissolving the adoption has to pay the “equivalent” of
the debt (té“.bi = double?; see Zaccagnini, “TÉ”.BI...,” 100).
WESTBROOK_f16–657-691 8/27/03 12:29 PM Page 674