A History of Ancient Near Eastern Law

(Romina) #1

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statue of Nakht-Mut (S. Cairo 42.208), for example, the daughter ex-
claims: “What is the God of a person except his father and mother?”^190

5.1 Marriage^191


5.1.1 Sources
The earliest marriage “contracts” or documents are from the Third
Intermediate period.^192 P. Berlin 3048 (verso—Twenty-second/Twenty-
third Dynasties, year 14 of a Takelot [ca. 879]), contains three quotes
from various marriage contracts.^193 The formula thrice repeated is:
“Entering into the house of PN which (the groom) PN made in order
to make his '.wy n ̇m.t (“document of responsibility of a wife”;
“Ehefrauenobligation”) for the lady, PN, his daughter, as wife today.”^194
P. Berlin 3048 already seems to mention the “gift of a woman,”
given first to the father-in-law and, in later periods, to the woman
herself at the time of marriage.^195 According to Johnson, “In exam-
ples of such “marriage documents” dated from the ninth through
the mid-sixth centuries, the bridegroom dealt with the father of the
bride and pledges his property to his (future) father-in-law as secu-
rity for the “p n s ̇m.t, gift of/for/to a woman.”^196 The text raises
the possibility of divorce and adultery (“the heavy reproach,”¢n dns,
and “the great crime which they have found in a woman,” bt3 ‘3
nt gm=w n s- ̇m.t).
P. Cairo 30907/9 is another marriage “contract,” dated to 676 (?),^197
which contains the same opening formula as found in P. Berlin
3048, verso: “On this day the entering into the house of PN by
PN.” The groom lists his property which he gives his wife as a “gift
of a woman.” He then swears an oath, affirming that if he leaves
his wife and loves another woman, unless the cause of his leaving
is adultery on the part of his wife (“the great crime”), he will give
to her the above-mentioned property (the “gift of a woman”). The

(^190) Johnson, “Legal Status.. .,” 182.
(^191) The scarcity of the source material must be emphasized ( Johnson, “Legal
Status.. .,” 216).
(^192) Lüddeckens, Eheverträge.. ., 10–15; cf. Allam, “Obligations.. .,” 96.
(^193) Lüddeckens, Eheverträge.. ., 10–11, 184.
(^194) Pestman, Marriage.. ., 12; Lüddeckens, Eheverträge.. ., 8.
(^195) Lüddeckens, Eheverträge.. ., 11.
(^196) Johnson, “Annuity Contracts.. .,” 114. See also Johnson, “The Persians...,”
156, and “Legal Status.. .,” 216.
(^197) Lüddeckens, Eheverträge.. ., 12–13.
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