A History of Ancient Near Eastern Law

(Romina) #1

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tive father refers to a previous act of disinheritance, now rescinded,
as a tablet “of anger” (“amrùti). A biological son could be disinher-
ited in the same way, but probably only for cause. The form of dec-
laration was: “His staffis broken; he is not my son.”^50 In AO 5:17,
the reason is given: the son “spoke an insult.”^51 The most common
reason would have been failure to support the parents in old age
(e.g., ASJ 13:30; Emar 181). In Emar 202, the reason is not stated,
but the procedure, disinheriting sons by the first wife, took place
before the king of Carchemish (cf. TBR 21). Leaving home might
be sufficient but not necessary cause (ASJ 13:30, 31). Disinheritance
of a son also excluded the latter’s children (Emar 202).

6.3.5 Female Inheritance


6.3.5.1 Daughter


6.3.5.1.1 Dowry
A dowry typically consisted of movables: female slaves, furniture,
utensils, and jewelry, which at Emar were collectively referred to as
“household items” (unùte) and were given by a father to his daugh-
ter on marriage.^52 It could include land: in ASJ 13:19, two broth-
ers give their sister vineyards and three slaves as a “gift” (níg.ba),
probably meaning a dowry. Two cases where a mother-in-law gives
her daughter-in-law orchards and a female slave look like a dowry-
to-dowry transfer (ASJ 13:20; TBR 70). In ASJ 13:24, the clause
“one house is my inheritance share; the second house was given as
my wife’s ter¢atu” may refer to the common custom of the bride’s
father returning the ter¢atuto the groom as part of her dowry.

6.3.5.1.2 Inheritance
By testament, a daughter could be given an inheritance share exactly
like a son. In Emar 31, two daughters are to divide their father’s
estate after the death of their adoptive mother. One of them is
already married. TBR 80 records such a division (in equal shares).

(^50) AO 5:17; Emar 256. The declaration in these two Syrian tablets was before
the “brothers.”
(^51) megirta idbub; see Van der Toorn, “Domestic Cult.. .,” 40, n. 52.
(^52) TBR 23, 69; cf. RE 57, where a father gives unùteto his daughter, a qadi“tu
priestess, on an unspecified occasion. The term is also used of the movables that
a wife gives to her husband on divorcing him: TBR 28.
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