A History of Ancient Near Eastern Law

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6.2.4.5 If she survived her husband and had no children, the wife

was entitled to reimbursement of her dowry from her husband’s

estate.^121 Should there be no dowry, the court would assign her

“something” in proportion with her husband’s assets (NBL 12).^122 If

the widow remarried, she could take her dowry into the new mar-

riage. The second husband had the usufruct, but the capital had to

remain intact, since the children of the first marriage were heirs in

equal shares with the children of the second marriage (NBL 13).^123

6.2.5 Marital Gifts^124

Gifts of property from husband to wife followed the pattern pànX

“udgulu“to transfer to someone (as property).” Frequently the donor

retained the usufruct for life. In NBL this type of gift is termed a

“eriktu, which according to NBL 12 she is entitled to receive on wid-

owhood even if the marriage was childless.

6.2.5.1 Dispositions kùm nudunnê^125

Transfers kùm nudunnê“(as equivalent) for the dowry” were not true

gifts but compensation to the wife for dowry goods that the hus-

band or his father had subsumed into the family property and

invested, so that it was no longer separately identifiable. Dowry com-

pensation often occurred at the insistence of the wife or her family

with the aim of putting property equivalent in value to the dowry

beyond the reach of the husband’s creditors. Even where it looks as

if the husband is making his wife a gift, it is not the husband’s prop-

erty that is involved but assets deriving from the wife’s family, which

at no point actually belonged to the husband. Usually the husband

retained a usufruct for life and named the children as heirs.

6.2.5.2 True Gifts to the Wife

Such gifts are quite frequently documented. They are referred to as

transfers elat nudunnê, “apart from the dowry,” or adi nudunnê, “in

addition to the dowry,” or without any special qualification. The

provision still needed to be in writing, as it ran counter to the claims

of the legitimate heirs. Often the property involved was land, houses,

(^121) Roth, “Widow.. .,” 14–20.
(^122) Ibid., 22–24.
(^123) See also Cyr. 168 (coll. 1.8: read 3!GI.ME”).
(^124) Roth, “Widow.. .,” 7–14.
(^125) Roth, “Material Composition.. .,” 3–6.
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