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5.2 Marital and Gender Relations
The family is organized on patriarchal lines. The wife does, however,
have the right to participate in marrying offa daughter (see 5.1.1
above) and in the absence of her husband, may expel a disobedient
son. Disinheritance is also a possibility. HL 1–4 and 19a–24 make
no distinction between men and women. The tariffof wages pays
women less than men, which may be connected with physical strength.
On the one hand, in the realm of private law the position of women
is close to equality with men. On the other hand, the husband may
kill his adulterous wife on the spot without a trial (HL 197).5.3 Dissolution of Marriage
5.3.1 Marriage ends with the natural death of a spouse. The hus-
band can also end it by violence; according to HL 197 he may kill
his wife if he catches her “in the house” in the act of sexual inter-
course with another man. Otherwise it may be ended by divorce—
by either spouse, as shown by the poorly preserved HL 26a (wife)
and 26b (husband). There is no mention of the formalities required.
If the wife divorces her husband, she receives financial compensa-
tion for those children born to her who remain with the father (26a).
According to 26b, the husband appears to be able after the divorce
to sell his former wife, but the text is very broken.^615.3.2 The provisions are not consistent as regards assignment of
children after divorce. According to HL 26a, the father keeps all the
children, but according to 32a he keeps only one of several, the rest
going to the mother.5.4 Incestuous marriage was most probably prohibited. This is cer-
tainly so for the royal family. A treaty between Suppiluliuma I and
the vassal king Hukkana provides: “A brother may not take his own
sister; it is not right.” Breach of this rule is punishable with death.
The same rule applies to marriage with one’s aunt. Whether these
rules applied to the general populace is not clear.(^61) Haase, “Zur Stellung der Frau.. .,” 279; possibly it concerns disinheritance.
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