A History of Ancient Near Eastern Law

(Romina) #1

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share in non-consumables (gold, silver, lead), and biblu, which is the
part in consumables (barley, sheep).^67 The ter¢atuis to be given to
the father of the bride, who may subsequently get all or part of it.^68
A contract (riksu) was a necessary precondition to marriage (MAL A
38). It was accompanied or preceded by rites such as anointing with
oil and/or a “betrothal” meal (MAL A 42–43). Cohabitation was
not necessary to formation or validity of the marriage: the bride
could continue to live with her father after her marriage (MAL A
25–27, 32, 33, 38).

5.1.2.2 Where a man wished to marry his concubine, a solemn
declaration on his part and the veiling of the bride were sufficient
(esirtuMAL A 41).

5.1.2.3 Marriage to a woman who was no longer a virgin was called
a¢uzzatuin MAL (cf. MAL A 30, 33, 55).^69

5.1.3 Divorce


5.1.3.1 MAL make the marriage of a raped virgin to the rapist
indissoluble (MAL A 55). Otherwise, a man could divorce his wife
without grounds and was not obliged to pay her compensation (MAL
A 37). He could only claim restitution of the dumàqù jewelry, the
ter¢atubeing reserved for the woman (MAL A 38).^70

5.1.3.2 In the two marriage contracts extant, the spouses have an
equal right to divorce, doubtless a result of the equality of conjugal
rights and obligations stipulated in each of the two contracts. According
to TIM 4 45, dissolution of the marriage was effected by a solemn
declaration: “he/she is not my husband/wife.” It entailed a payment
to the divorced spouse (1/2 mina of silver in TIM 4 45; 3 minas
of silver in KAJ 7).^71

(^67) Cf. Saporetti, “Beni.. .,” 44–45.
(^68) Cardascia, Lois.. ., 195.
(^69) Cf. Driver and Miles, Assyrian Laws.. ., 177–78; Cardascia, Lois.. ., 169; contra
CAD a¢uzzatu. Cf. also the arguments of Wilcke, “Familiengründung.. .,” 249,
n. 51, against CAD’s translation, and his reading of MAL A 33:65–66.
(^70) On the difficult interpretation of MAL A 38:25, ana sinnilte zaku, cf. Saporetti,
“Beni.. .,” 40–41 and Leggi.. ., 65.
(^71) According to Saporetti, “Beni.. .,” 50–51, these two contracts are atypical: in
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