A History of Ancient Near Eastern Law

730    

hood RS 21.230 above). However, the father—or the widow, with

due authorization—could disregard the law of primogeniture. In RS

8.145, not only loss of the first-born privilege but also loss of his

inheritance share was provided as the penalty for a son mistreating

his mother.^33 On the other hand, good conduct (RS 8.145, RS 15.89)

or simple favoritism (RS 94.2168) could entitle the father or mother

to transfer the right of the first-born or full inheritance to any of

their sons.

6.2.3 Division of shares among the heirs could be predetermined

by the father during his lifetime. At least two documents (RS 15.120

and RS 17.36) record shares allocated mortis causa. Also attested are

gifts of shares with immediate effect, that is, emancipation, whereby

the son(s) would automatically become free (zakû) of the obligations

of the paternal estate (cf., e.g., RS 16.129 and the stipulations in

RS 94.2168).^34

6.2.4 If no arrangement was made by the head of the family, on

his death the legitimate co-heirs could choose either to remain joint

owners or to divide the paternal estate (e.g., RS 8.279bis or RS

15.90, see also the provisions in adoptions in brotherhood above).

6.2.5 Daughters are not mentioned as co-heirs in divisions of pater-

nal estates (but cf. the joint co-ownership of sister and adopted brother

in RS 21.230). They possibly could have rights on intestacy in the

absence of brothers (cf. the provision in the gift of paternal prop-

erty RS 15.138+/109+). In any case, it seems clear that the dowry

(transferred with the returned bride-price) constituted the daughter’s

share from the house of the father.

6.2.6 The widow could apparently acquire inheritance rights only

by express grant. In RS 8.145 the husband, in contemplation of

death, gives his wife all his property and all that was acquired by

(^33) Cf. Mendelsohn, “On the Preferential Status.. .,” 39; Klíma, “Sulla dis-
eredazione.. .”; and Greenfield, “Care for the Elderly.. .,” 312. With regard to
the duties that a son was expected to fulfill in his future responsibility as head of
the household, one should mention the passage from the Epic of Aqhatu, KTU
1.17 i 26–33 et par. (cf. van der Toorn, Family Religion..., 154f.).
(^34) See Boyer, “La place des textes d’Ugarit.. .,” 305.
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