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sibly members of the same clan.^44 Daughters received a dowry in
lieu of inheritance.6.3.3 Testate Succession
6.3.3.1 The traditional pattern could be considerably altered by the
power of testamentary disposition. Although he could not bequeath
property directly to outsiders, the testator could rearrange the shares
of existing heirs, assign shares to potential heirs, in particular wives
and daughters, create new heirs by adoption, and disinherit heirs.6.3.3.2 The testamentary documents are records of an oral trans-
action before witnesses. The testator is said to “settle the fate of his
house” (“ìmti bìti“u i“ìm) and its members. In the “Syrian” tablets and
at Ekalte, the ceremony takes place before an assembly of his “broth-
ers.”^45 In the Syro-Hittite tablets, no witnesses are mentioned, but
occasionally it is before the king of Carchemish or a royal official
(Emar 31, 177, 202; RE 56, 85; Fales 66; cf. Emar 93: city elders).
There is no substantive difference in the arrangements made in the
two types of tablets. The extant documents represent unusual situa-
tions, where there was a problem with normal succession or provi-
sion had to be made for female members of the family.6.3.4 Male Inheritance
6.3.4.1 Peculium
Although the head of household was theoretically the sole propri-
etor in an undivided household, he could allocate his son a fund
(sikiltum) with which the son could trade and acquire property. It
would ultimately be deemed part of the son’s inheritance-share (Emar
91; TBR 9; cf. AO 5:8).6.3.4.2 Division
A testator could divide the property in his lifetime (Emar 182; cf.
RE 30), but usually he did no more than assign shares to be taken
on his death, when the formal division was made (e.g., Emar 186).(^44) E.g., Emar 180, 213; ASJ 13:24. See Malamat, “‘Clan’.. .,” and Beckman’s
discussion to RE 39.
(^45) See 6.1.2. In one case, it is before his male and female slaves (Dalley 6).
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