A History of Ancient Near Eastern Law

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5. F

5.1 Marriage

5.1.1 Conditions

5.1.1.1 There were, as far as we know, no prior legal conditions

to marriage between a man and woman, although we may presume

that a woman’s father had to approve of the arrangement. The insti-

tution of marriage was formal only insofar as property was con-

cerned, and either party could obtain a divorce simply by leaving.

There is no documentary evidence to suggest that a marriage was

publicly celebrated.^80 The so-called “marriage contracts” in Demotic

are actually post-nuptial agreements which established for the woman

the line of inheritance from the property of the father to any chil-

dren produced by the union. Property in a marriage was divided

into three categories: (1) property of the wife, (2) property of the

husband, and (3) joint property acquired during the marriage. There

were restrictions on the use of joint property.^81

5.1.1.2 Marriage was usually monogamous in Egypt. Instances which

appear to show men with more than one wife are probably artistic

representations of a man’s marriage history and should be used with

the greatest caution in arguing for polygamy.^82 Although consan-

guineous marriage is attested frequently in the Roman period, the

closest marriage documented from any period in the Demotic mar-

riage “contracts” is one between half-brother and -sister.^83

5.1.2 Formation

There were two stages in the formation of marriage according to

Demotic contracts. In stage one, the bride’s father enters the house

of the bridegroom with a dowry, and at the same time, a document

(^80) But see Smith, “Marriage and Family.. .,” 48. Cf. Johnson, “Legal Status...,”
179.
(^81) Eyre, “Adultery.. .,” 101 and n. 83, citing Kaplony-Heckel, Tempeleide.. ., texts
5–13, 15–17, 19, 21.
(^82) Smith, “Marriage and the Family.. .,” 47.
(^83) P. Chicago Hawara I (Hughes and Jasnow, Hawara Papyri.. ., text 1, 365/64
B.C.E., Hawara). On the issue of consanguineous marriages in Egypt, see, inter
alia, Scheidel, “Brother-Sister Marriage.. .”; Shaw, “Explaining Incest...”
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