A History of Ancient Near Eastern Law

in legal sources. A partial exception is found in NG 6, where a wife

suffering from an incurable disease selects another wife for her hus-

band, the arrangement being that she will remain in his house and

receive food and clothing as long as she lives.

5.1.1.2 Permission of both parents was required, although only the

father was a protagonist in making the arrangements. Not only the

bride but also the groom required permission. In NG 15, the groom

made a marriage contract “without his father and mother knowing,”

and in NG 18, the groom’s mother is stated to have been present

at the marriage contract (see 3.3.5 above). Permission was usually

in the form of a marriage contract between the two families (see

5.1.2.2 below). A contract may not have been necessary in all cir-

cumstances; in NG 21, a man divorces his wife for whom he had

made no contract.

5.1.1.3 Slave marriages have already been discussed. They could

make a valid marriage but presumably needed the owner’s permis-

sion to marry.

5.1.2 Formation

5.1.2.1 The Sumerian verb “to marry” is (nam-dam-“è) tuku, to

“take (as a spouse)” (e.g., NG 211:13–17; ZA53, no. 17). The pro-

tagonist is typically the groom, but in two texts it is the bride’s name

that has the agent marker (NG 14:17, 206:23'). Both are dismissed

by Falkenstein and subsequent commentators as scribal errors,^71 but

only because of their gendered reading of the texts. In fact, the sub-

ject is ambiguous in many cases, and it may be that Sumerians could

speak with indifference of a man marrying a woman or a woman

marrying a man.^72

5.1.2.2 The first legal step towards marriage was an oral betrothal

contract between the two families in which at least one of the par-

ties took a promissory oath. The contracting parties were the two

fathers or the groom and the bride’s father. In NG 14, a father is

(^71) See, however, the comments of Wilcke, “Familiengründung.. .,” 245, n. 46.
(^72) The agent marker is frequently missing and word order is not helpful: in NG
17:5–7, Falkenstein actually takes the bride as subject (per incuriam?), but in NG
22:7, with the same word order, as object.
-  ( ) 201
WESTBROOK_F5_182-226 8/27/03 1:42 PM Page 201