A History of Ancient Near Eastern Law

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6.3.2 Male Inheritance

6.3.2.1 Inheritance patterns were complex and subject to change

stipulated by the testator. The eldest son had a privileged position

in the family, received from his parents’ estate an extra share (“share

of eldest brother,” dny.t sn ' 3 ; “extra share,” ̇w dny.t), in part at least

to cover the burial expenses for the parents, and was responsible for

administering the family inheritance on behalf of his siblings. Disputes

could arise, and younger siblings had to sue to obtain a division of

the property. If a man died and left no children, his siblings would

inherit his property; in the absence of siblings, other members of his

family may have inherited.^116 In the case of the death of a sibling,

his or her share passed to the eldest son.^117

6.3.2.2 The Egyptian system of inheritance was characterized by part-

ible inheritance, in which all heirs received a share from their parents.

Therefore both real and movable property was divided into fractional

“shares” of interest in property which could become quite small. Sons

may have had preferential treatment regarding inheritance of land.

6.3.2.3 The estate included all assets of the father, movable and

immovable. The sum total of the man’s property was summarized

in the marriage agreements (see 5.1.1.1 and 5.1.2.1 above). Under

the Ptolemies, the sale of priestly office was regulated by the state.

6.3.2.4 A father had the power to disinherit any of his children at

will. He could not, however, disinherit all of his children. At least

one of the children, or someone acting as a “son,” had to inherit

the property.^118

6.3.2.5 Property which passed down may have remained undivided

(w“p“; lit., “without division”) for an extended period of time. Land

in particular might remain undivided.^119 On the day of division (p3

hrw p“), P. Mattha specifies that males in descending birth order and

then females of descending birth order “choose” from the property

of their parents.^120

(^116) Ibid., 68–71.
(^117) Pestman, “Inheriting.. .,” 62.
(^118) Pestman, “Law of Succession.. .,” 68.
(^119) Ibid., 64.
(^120) Pestman, “Inheriting.. .,” 62, and “La succession.. .”; P. Mattha 8:30–9:26.
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