A History of Ancient Near Eastern Law

(Romina) #1

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selves from their master (Assur 3 no. 5:10–13). It is not known
whether this redemption (ip†iru) always consisted of substitution (KAJ
167:8 and 14) or if it could take the form of a money payment.
This resettlement of the population on latifundia may have pro-
gressively replaced rural communities grouped around a “stronghold”
(dunnu), often named after a common ancestor. Several texts from
A““ur show that members of these communities could receive loans
of grain and animals from public institutions in times of crisis.^57

4.3 Gender


4.3.1 Legal Capacity
Tablet A of MAL is devoted entirely to women. Its provisions pre-
sent them as entirely under the authority of a husband or father,
only becoming independent when they obtain the status of almattu
“(orphaned) widow.” This image must be adjusted in light of the
documents of practice, which show that wives had sufficient legal
capacity to enter into contracts in the name of their absent spouse^58
or on their own account. They could also grant a loan (KAJ 211:5';
KAJ 16) or request one (KAJ 111), make a “ulmànuagreement (KAJ
51, 90, 100), adopt (KAJ 3), and purchase (KAJ 168). The husband
(KAJ 51, 90, 168) or the father (KAJ 111) might sometimes act as
guarantor for these transactions. A wife could also be sold by her
husband (AfO 20, 123b),^59 most probably on account of the hus-
band’s debt.

4.3.2 Social Status
A question arises as to the status of the màrat a"ìle, “daughter of a
free man” (MAL A 21, 50). Literally, this term would designate an
unmarried girl still under her father’s authority^60 or a daughter-in-
law living with her husband in her father-in-law’s house who can-
not bear the title a““atu, which was reserved for the wife of the head

(^57) Ibid., 40–43.
(^58) Postgate, Archive of Urad-”erùa.. ., nos. 3 and 16 (wife of Melisa¢), and no. 48
(wife of Urad-”erùa). Most probably they are not widows, as Saporetti, “Status...,”
19, supposed, since if Melisa¢had died, his duties should have been transferred to
Urad-”erùa; cf. Postgate, Archive of Urad-”erùa.. ., xi.
(^59) Cf. Weidner, “Erbteilung.. .,” 123–24; Saporetti, Famiglia A.. ., 79–80.
(^60) Saporetti, Leggi.. ., 12–13, 43–44.
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