A History of Ancient Near Eastern Law

(Romina) #1

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of the palace major-domo (rab ekalli) and at sufficient distance to
avoid physical contact. Breach of these rules raises an irrebuttable
presumption of adultery, punishable by death (Edict 19). There is a
hierarchy among the women of the harem, dominated by the queen
mother, followed by the royal wives (a““àt “arri), the palace ladies
(sinni“àti “a ekallim), women of lower rank, and servants. The edicts
encourage informing, threatening witnesses who fail to report a breach
of the rules with severe punishments, even burning at the stake (Edict
19). The palace major-domo is held responsible for seeing the harem
rules are kept (Edict 21).


  1. F


5.1 Marriage


Our knowledge of marriage derives mainly from Tablet A of MAL.
To date, there are only two documents of practice on the subject
(KAJ 7 and TIM 4 45).

5.1.1 Conditions


5.1.1.1 Marriage was negotiated between the heads of two fami-
lies. Consent of the girl’s father was necessary, even when she was
held by a creditor as a pledge (MAL A 48). On the other hand, if
the father predeceased her, her brothers could not prevent marriage
with the creditor, except by redeeming her (MAL A 48). The father
could also, by way of punishment, impose marriage on the rapist of
his virgin daughter (MAL A 55). In the absence of parents or guardian,
the future couple could conclude the marriage themselves (KAJ 7;
TIM 4 45).

5.1.1.2 An owner could undertake to provide a wife for his slave
(VAS 19 37), as could an adopter for the adoptee (KAJ 2).

5.1.2 Formation


5.1.2.1 The promise to marry was sealed by one or more marital
gifts, designed to demonstrate the parties’ agreement. Besides the
ter¢atu(MAL A 38; KAJ 2), there is the biblu(MAL A 30) and the
zubullû(MAL A 31; OIP 79 82). These three terms are not syn-
onymous: zubullûseems to comprise both ter¢atu, which is the fixed

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