A History of Ancient Near Eastern Law

(Romina) #1

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5.5 Levirate marriage, or marriage between the widow of a man
who died childless and the deceased’s brother, as in Deuteronomy
25:5–10, is found in a similar form in HL 193. Here the father or
the brother of the deceased marries the widow. Some aspects of the
provision remain obscure.^62

5.6 Adoption


The possibility of adoption by an unfree person is mentioned once
in HL, in 36. A semi-free man who has no son takes the son of a
free man into his family as an antiyant-(see 4.4 above). In the royal
family, adoption is frequently used to preserve the dynasty.^63

5.7 Alongside formal marriage, an analogous arrangement by mutual
consent is found among the semi-free. HL 32a and 33 speak of liv-
ing together, a common household, and common children. The
Hittite words for “promise” and “bind” (HL 28, 29) do not appear
in these texts. Division of property after separation presumably fol-
lowed HL 31.^64

5.8 Abduction (“Raubehe”) is not recognized as a valid basis for
marriage. It is true that abduction is mentioned in HL 28 and 37,
but it is an illegal act. If it were otherwise, the abductor or the par-
ents who change their mind would not have to pay the existing
groom compensation, and the abductor’s accomplices could not be
killed with impunity. Should the deed be legalized by subsequent
consent, the usual formalities for conclusion of marriage are applicable.


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6.1 Terminology


The modern distinction between possession and ownership finds no
expression in Hittite. The Hittites stressed rather the power of con-
trol over a person or object, expressed through the noun is¢a-“lord,
master.” The latter “has” something that he controls. Whether that

(^62) Koschaker, “Zum Levirat...”
(^63) Bryce, Kingdom.. ., 94, passim.
(^64) Haase, “Drei Kleinigkeiten.. .,” 71.
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