A History of Ancient Near Eastern Law

(Romina) #1

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5.1.2 Formation


5.1.2.1 The majority of the marriage contracts are formulated as
dialogue documents, in which the groom approaches the bride’s
father and asks for the bride in marriage, to which the latter agrees.
If the bride’s father were deceased, her mother and brothers acted
in his stead. The groom’s father could also act on his behalf, as in
Roth no. 5. In three cases (Roth nos. 2, 25, 9), the groom directly
approaches the bride (most probably a widow or divorcee), who
accepts on her own behalf.^96

5.1.2.2 There could be gap in time between this agreement and
completion of the marriage. In some cases, it is explicitly stated that
the groom “will take” (i¢¢az) the bride (Roth nos. 9, 22). A due date
could be set for the bride’s guardian to deliver her to the groom
(Roth no. 9). Failure to deliver could lead to contractual penalties—
five minas of silver from the mother’s own dowry in Roth no. 8.
Completion thus seems to have been regarded as the groom taking
or receiving the bride into his possession.

5.1.2.3 The marriage documents of the Neo-Babylonian period are
notable for the absence of a payment by the groom to the bride’s
family. In earlier periods in Babylonia, the receipt for such a pay-
ment (ter¢atu) was a central element of the document; in this period
the document is primarily a record of the dowry. Roth nos. 34 and
35 both mention such a payment, called biblu, but it has been pointed
out that most of the names in these two documents are foreign, sug-
gesting that they represented Egyptian or Persian practice rather
than native Babylonian tradition.^97 Roth no. 4, however, also has
such a payment, albeit not designated by a special term—neither
the parties nor the witnesses have foreign names. Moreover, a more
recently published tablet definitely concerns a Babylonian family and
adds a further complication. The mother of the groom gives the
bride a valuable jewel as biblu; she entrusts it to her father, who
later gives it to the couple together with the dowry.^98

(^96) Cf. Joannès, “Un cas de remarriage...”
(^97) Roth, Marriage Agreements.. ., 11–12.
(^98) Waerzeggers, “A Note on the Marriage Gift...”
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