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5.1.5 Second Wife
A recurrent clause in marriage contacts forbids the groom to take
another wife if his bride has borne him children. Penalties of vari-
ous kinds are at times imposed on the husband, should he violate
the agreement.^95 One or more secondary wives are attested, as well
as concubines (esirtu).^965.2 Divorce
Husbands could divorce their wives, but we lack any evidence of
divorce instigated by women. Information about divorce is provided
by declarations of the husband in the presence of witnesses,^97 and
by penalty clauses in marriage agreements or in other documents
concerning family affairs.5.2.1 In declarations, the husband declares that he had taken fPN
as wife but now divorces her (ezèbu: lit. to leave). The ritual act sanc-
tioning dissolution of the marriage is “cutting the (wife’s) hem” (sis-
siqta batàqu) by the divorcing husband; the symbolic significance and
possible legal implications of this ceremonial formality are not clear.
The general consensus seems to be that the hem is a material visu-
alization of the wearer’s identity. The cutting of the hem would then
ostensibly indicate the breaking of the link between husband and
wife.5.2.2 The declarations of divorce do not provide any information
about what prompted the husband’s decision. On the other hand,
marriage agreements often include clauses foreseeing the possibility
of the husband deciding to take another wife. The texts explicitly
state that if the woman bears children, her husband cannot marry
a second wife; if she does not bear children, her husband is allowed
to marry a second wife.^98 Noteworthy is the isolated evidence pro-
vided by Gadd 12. In addition to the standard clauses (i.e., if the
woman bears a son, her husband shall not take another wife; if she(^95) Cf. briefly Breneman, Nuzi Marriage.. ., 23–24.
(^96) An illuminating case is that of Prince ”ilwa-Te““up, as plainly revealed by the
ration lists concerning his family members (cf. Wilhelm, Das Archiv.. ., 4, 24–26).
(^97) Cf. Breneman, Nuzi Marriage.. ., 245–56.
(^98) See, e.g., HSS 19 84; JEN 435; HSS 19 85.
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