A History of Ancient Near Eastern Law

(Romina) #1

940 


6.2.3.1 The testator could give his eldest or other sons an inheritance
share in advance, or at least determine its size in advance. He could
also make a special settlement of property upon a son in contempla-
tion of marriage. Called nungurtuin marriage documents, it appears
to have been in addition to the son’s normal inheritance share.^115 If
the settlement had been part of dowry negotiations for the son’s
marriage and thus had been contractually guaranteed to the bride’s
family, it could not later be reduced in size, even in the event that
the testator’s property had substantially diminished and the other
sons would be disadvantaged thereby (NBL 8). The testator could
designate contingent heirs, should one of his sons die without issue.

6.2.4 Dowry^116


6.2.4.1 As far as family circumstances permitted, daughters were pro-
vided with a dowry (nudunnû), which was transferred “with her” to
the family of the groom. The size of the dowry was at the discre-
tion of the father or head of household, and bore no relation to the
sons’ anticipated inheritance shares. Occasionally women were given
an extra dowry by other relatives (mother, grandmother, brother).
The father often fixed the dowry in advance in a marriage agree-
ment with the groom’s family. According to NBL 9, if the father’s
assets later diminish, he is entitled to reduce the size of the dowry
proportionately but cannot otherwise alter the terms of the agree-
ment in concert with his son-in-law. In practice, full payment of the
dowry might be extended over a considerable period of time after
the marriage. One reason was that the dowry was intended as an
inheritance for eventual children of the marriage.^117

6.2.4.2 The husband (or his father, if the husband was still under
his authority) had control and usufruct of the dowry during the mar-
riage. Certain parts of the dowry, however, could be assigned by
the bride’s father to the bride for her personal use. It could be per-
sonal servants, designated as mulùgu, or a sum of silver, which was
said to be ina quppi, “in the cash-box.” The sums in question rep-

(^115) Roth, Marriage Agreements.. ., 9–11.
(^116) Abraham, “Dowry Clause.. .”; Roth, “Widow.. .; “Material Composition.. .”;
Westbrook, “Mitgift,” 280–83.
(^117) See esp. Roth no. 10.
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