837
(¢ 3 ') or, employed of the wife alone, “departure” (“m).^91 The divorce
document formula usually begins: “I have divorced you as wife today.”
The divorce decree stated that the woman was free again to marry.^92
Property arrangements for the woman and any children were fol-
lowed according to the type of agreement.5.1.3.2 Consequences
No grounds were necessary for either party desiring a divorce. The
standard formula of the marriage “contract” runs: “If I divorce you,
whether because I hate you or because I desire another...”^93 Pre-
sumably, the woman had a similar capacity to make such a declara-
tion, although the “contracts” were always written with the husband
making the declarations. If the wife sought divorce, she had to return
half of the capital given to her. If the husband sought divorce, he
was required to pay a fine. If only the woman’s personal possessions
were used as collateral for maintenance, they had to be returned. In
rare cases, there are divorce documents which specify a specific sum
payable by the party responsible for the divorce. Such divorce docu-
ments served to protect the woman from any future claim by the
ex-husband.5.2 Children
5.2.1 The husband promised in the marriage “contract” that any
children born to the woman would receive his property. During his
lifetime, however, he retained authority over both his property and
his children. Minors were of course vulnerable, especially in regard
to the transmission of family property. In one case, no doubt a com-
mon one, a father had disowned his two children after the death of
their mother and his subsequent remarriage.^94 The children, in re-
sponse, made a written appeal to the local gods for justice. Whether
they also had a claim in the courts or not, this kind of text highlights
the deeply embedded role of religion in seeking justice.^95(^91) Ibid., 60.
(^92) These divorce deeds are rare. Twelve have been published, deriving from
Thebaid, Thebes and Aswan, and involving a limited number of families. See the
comments of Pestman, Marriage.. ., 73. Two early (one Saite, the other Persian
period) divorce decrees were discussed by Cruz-Uribe, “A Look at Two Early.. .”
An early divorce document with an oath confirming a division of property is dis-
cussed by Vleeming, “Demotic Doppelurkunde,” 155–70.
(^93) This clause is attested already in the cursive hieratic documents.
(^94) P. BM 10845; see Hughes, “Cruel Father...”
(^95) Assmann, “When Justice Fails...”
westbrook_f23_819-862 8/27/03 1:34 PM Page 837