A History of Ancient Near Eastern Law

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to this category (ASJ 16, pp. 231–38; Emar 176; Ekalte 75; possibly

TBR 31).

6.3.5.2.2 Inheritance

In a few cases, the testator gives his wife the whole estate (ASJ 13:22;

RE 15; in TBR 47, an indirect report, the relationship is unclear).

They appear to be special circumstances, perhaps where there are

no male heirs. In ASJ 13:31, it is predicated on the absence abroad

of the testator’s son. In TBR 50, atypically, the wife receives the

main inheritance share alongside the sons.

6.3.5.2.3 Care

One of the most frequent provisions of the testaments is for support

of the testator’s widow. The duty is imposed on all of his children

or on specific children, and inheritance of one’s share is usually made

contingent upon its realization. The testator might also give his widow

the right to remain in the matrimonial home (or a substitute dwelling)

for the rest of her life (Emar 15, 156; TBR 69).

6.3.5.2.4 “Father and Mother”^57

In a large number of testaments, the testator makes his widow “father

and mother of my house,” sometimes adding that she is “head”

(qaqqadu) of the house (e.g., Emar 15, 91, 181, 185; SMEA 7; ASJ

13:24, 26; 30; ASJ 16, p. 231; Dalley 6; RE 15, 28, 37; TBR 45,

50, 71; Ekalte 19, 65, 75). In ASJ 13:23, this status is given to her

jointly with a daughter, in two documents to a daughter alone (Emar

31; RE 57), and in TBR 28, to the testator’s mother. The effect is

to preserve the paternal estate undivided during the widow’s life-

time, or at least at her discretion.

6.3.5.2.5 Devolution

Six of the extant testaments are made by women. In all but one,

she is obviously a widow.^58 The source of her property is not given;

is to a vested future right. In TBR 22, the husband has (revealingly) “made known”

(umteddi) the gift.

(^57) Beckman, “Family Values.. .,” 72; Kämmerer, “Stellung.. .”; Westbrook,
“Emar Jurisprudence...”
(^58) In Emar 30, the testatrix’ husband is a legatee, although he may be her sec-
ond husband. The other testaments are Emar 32, 128, 213; TBR 28, 29.
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