A History of Ancient Near Eastern Law

  839

Certain classes, particularly military, were given plots of land under

fixed tenure conditions in exchange for service.^99 Priests had access

to land privately and to income derived from temple land. Some

land was tied to an office and was therefore inalienable.

6.2.1 Servitudes^100

Servitudes on land existed, the clearest example being the right of

exit and entry from a “royal” (public) road to private property.^101 A

text from the third century B.C.E. acknowledges a right to an “ancient

light” and prohibited any new building which would block light into

the pre-existing house.^102 Personal servitudes also existed in Demotic

law. In one case, a son was given rights to the use of furniture and

appurtenances in a house.^103

6.3 Inheritance^104

Since a complete law code has not come down to us, the rules of

inheritance are reconstructed in part using P. Mattha, and in part from

the surviving family archives. There are, as a result, many exceptions

to the following outline. The anxiety of dying without an heir is attested

even in mortuary literature.^105 During the lifetime of their parents,

children had a right to expect (Anwartschaftsrecht) that the inheritance

from both of their parents would “reach” (p ̇) them, although they

could be disinherited for a variety of reasons and would usually

assume ownership after the death of the testator.^106 In theory, males

and females inherited property equally from both parents. Future

children were endowed with their father’s property through the mar-

riage agreement between husband and wife. The eldest son, who acted

as trustee for the other children, was entitled to receive an extra share

because he was responsible for the burial of his parents. The rights

every [title of property] and every matter of a free one of mine.” See Pestman,

Marriage.. ., 117–20.

(^99) Under the Ptolemies, the land was termed “cleruchic” land and, while orig-
inally a life tenure in exchange for the promise of military service when called, by
the end of the Ptolemaic period, the land was fully heritable.
(^100) Taubenschlag, Law.. ., 256–63.
(^101) P. Mattha 8:1–2; P. BM Glanville, 10522 (297 B.C.E., Thebes).
(^102) P. BM Glanville 10524 (290 B.C.E., Thebes).
(^103) Taubenschlag, Law.. ., 261; Glanville, “Notes...”
(^104) Pestman, “Law of Succession.. .,” and “ ‘Inheriting...’”
(^105) Smith, BM 10507, 64, with further literature. Cf. Leahy, “Two Donation
Stelae.. .,” 89.
(^106) P. BM 10079A, and Reich, Pap.Jur.Inhalts.. ., 68–73.
westbrook_f23_819-862 8/27/03 1:34 PM Page 839