A History of Babylon, from the Foundation of the Monarchy to the Persian ConquestKing, L. W. (Leonard William)
History
A History of Babylon, from the Foundation of the Monarchy to the Persian Conquest
King, L. W. (Leonard William)
Babylonia -- History
The law gave the wife ample protection, and in the case of the
husband's desertion allowed her, under certain conditions, to become
the legal wife of another man. If the husband wilfully deserted her
and left his city under no compulsion, she might remarry and he could
not reclaim her on his return. But if his desertion was involuntary,
as in the case of a man taken in battle and carried off as a prisoner,
this rule did not apply; and the wife was allowed to shape her action
during his absence in accordance with the condition of her husband's
affairs. The regulations in such a case were extraordinarily in favour
of the woman. If the husband was possessed of property sufficient to
maintain the wife during the period of his captivity, she had no excuse
for remarriage; and, should she become the wife of another man, the
marriage was not regarded as legal and she was liable to the extreme
penalty for adultery. But if the husband had not sufficient means for
his wife's maintenance, it was recognized that she would be thrown on
her own resources, and she was permitted to remarry. The returning
captive could claim his wife, but the children of the second marriage
remained with their own father. The laws of divorce, too, safeguarded
the woman's interests, and only dealt with her severely if it could
be proved that she had wasted her household and failed in her duty as
a wife; in such a case she could be divorced without compensation,
and even reduced to the condition of a slave in her husband's house.
But, in the absence of such proof, her maintenance was fully secured;
for the husband had to return her marriage-portion, and, if there had
been none, he must make her an allowance. She also had the custody of
her children, for whose maintenance and education the husband had to
provide; and, at his death, the divorced wife and her children could
inherit a share of his estate.[33] The contraction of a permanent
disease by the wife was also held to constitute no grounds for a
divorce.
Public-domain text, read in full here on John Shaqi.
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