A History of Ancient Near Eastern Law

(Romina) #1

680    


The daughter could thus pass on the inheritance to her offspring or
dispose of it like a son (Emar 32 and 128—sole heir; 185). A qadi“tu
priestess, however, was required to bequeath her share to one of her
brothers (ASJ 13:23).

6.3.5.1.3 Inheritance as Male^53
Where a suitable male heir was lacking, the testator sometimes felt
the need not only to give his daughter an inheritance but also the
legal status of a male. He is said to establish her as “female and
male” (munus u níta). In most cases, she is called upon to “invoke
my gods and my dead.”^54 Male status is therefore granted to enable
a daughter to perform the ancestral cult—a task otherwise reserved
for the eldest son, and one that is closely linked to his inheritance
of the family estate. In most of these cases, the daughter is explic-
itly bequeathed the whole estate. In one case, the grant is made
contingent on her brother not surviving; if he does, he is to marry
her off.^55 In another, she is also made mother to her three broth-
ers, who were evidently too young to take on these duties (ASJ 13:25).
A slightly different arrangement is the designation of a daughter
as a “son” (Emar 181). It is linked to her duty to marry offher two
(younger) brothers, among whom she receives an inheritance share
as second son.

6.3.5.2 Wife


6.3.5.2.1 Marital Gift
The husband might give a gift to his wife, known as a kubuddà"u
(AO 5:15; RE 8; TBR 22, 71; Westenholz 14). It usually consisted
of movables but could include land. The term tudittu(a particular
piece of jewelry) was also used (RE 37), even where the object given
was a slave (RE 56). The gift would appear to have been a small
part of the husband’s property, intended for the wife’s personal use
during widowhood.^56 A number of innominate gifts may be assigned

(^53) Westbrook, “Emar Jurisprudence...”
(^54) ASJ 13:25, 26; AO 5:13; Semitica 46, 12–14; Westenholz 3 (4 daughters); RE
85: “honor” (a qadi“tupriestess); Ekalte 65: “inherit” (sister). Note that in ASJ 13:26
she is already married. Fales 66 and RE 15 do not mention the cultic duty.
(^55) Semitica 46, 12–14. In RE 23, the status is granted to the testator’s wife, on
the contingency that his son dies.
(^56) Even though the gift is usually expressed as having been made, the reference
WESTBROOK_f16–657-691 8/27/03 12:29 PM Page 680

Free download pdf