A History of Ancient Near Eastern Law

(Romina) #1

 595


transactions; their basic common feature is the formal attribution of
a familial status to (young) men or women who were natural mem-
bers of other family groups.^106

5.4.2 Persons could be given the legal status of a son (màrùtu),
daughter (màrtùtu), daughter-in law (kallùtu), brother (a¢¢ùtu), or sis-
ter (a¢àtùtu). The basic aim of màrtùtu, kallùtu, and a¢àtùtuadoptions,
as we have seen, was the transfer of a girl to the parental author-
ity of another head of family who would give her in marriage. A
closely similar, but not identical, pattern occurs in some adoptions
into sonship (màrùtu). On the other hand, the formal adoption into
sonship of male adults represents the typical Nuzian legal device for
recording outright sales of real estate (see 6.3 below).

5.4.3 The rich corpus of “brotherhood” adoptions (a¢¢ùtu) has been
the object of numerous studies, leading to divergent interpretations.^107
It would seem that one of the main concerns of the a¢¢ùtu agree-
ments was to settle inheritance rights between natural heirs and out-
siders who, for various reasons, had been made legal members of
the family.

5.4.4 Real adoption of a son is well attested at Nuzi. Except for
some isolated cases, boys—and not girls—were adopted by men in
their legal capacity of head of the family, who wanted to procure
a(nother) son for themselves. Adopters’ wives are not mentioned and
are not involved in the operative clauses of these agreements.

5.4.4.1 The main purpose of adoption was to secure service and
support for the adopter in his old age. The entrance of an outsider
into the family was prompted either by lack of natural sons or because
it was more convenient to impose filial duties on the adoptee rather
than on one or more of the father’s existing natural sons. The basic
obligation of the adoptee was to serve (palà¢u) the adopter for the
rest of his life. A number of texts specify that service consists in

(^106) Cf. Cassin, L’adoption.. .; Stohlman, Real Adoption.. .; Paradise, Nuzi
Inheritance.. ., esp. 269–75.
(^107) Cf. briefly Paradise, Nuzi Inheritance.. ., 348–57; Stohlman, Real Adoption.. .,
208–33; Dosch, “Gesellschaftsformen.. .,” “Gesellschaftsformen (II).. .,” and Zur
Struktur.. ., 92–114.
WESTBROOK_f14–564-617 8/27/03 12:28 PM Page 595

Free download pdf