Archæology and the BibleBarton, George A. (George Aaron)
Religion
Archæology and the Bible
Barton, George A. (George Aaron)
Bible -- Antiquities; Egypt -- Antiquities; Middle East -- Antiquities
Such were the Hebrew laws of inheritance. They apply to a much less
complexly organized society than the Babylonian.
§§ 168, 169 of Hammurapi’s code deal with the cutting off of a son. This
is paralleled in Deut. 21:18-21, though punishment inflicted by the law in
Deuteronomy is quite different from the Babylonian, since the Hebrew boy,
whose parents have proved him before the elders to be unworthy of sonship,
was not cast out and sent away, but stoned to death. Another form of this
law appears in Exod. 21:17.
Adoption
§ 185. If a man takes a young child in his name unto sonship and
brings him up, one may not bring a claim for that adopted son.
§ 186. If a man takes a young child unto sonship, and when he has
taken him he rebels against his [adopted] father and mother, that
foster-child shall return to his father’s house.
§ 187. One may not bring claim for the son of a temple-servant, a
palace guard, or of a sacred harlot.
§ 188. If an artisan takes a son to sonship and teaches him his
handicraft, one may not bring claim for him.
§ 189. If he does not teach him his handicraft, that foster-son may
return to the house of his father.
§ 190. If a man does not count among his sons a young child whom he
has taken to sonship and reared, that foster-child may return to his
father’s house.
§ 191. If a man who takes a young child to sonship and rears him and
establishes a house and acquires children, afterward sets his face to
cut off that foster-son, that son shall not go his way. The father who
reared him shall give him from his goods one-third the share of a son
and he shall go. From field, garden, or house, he shall not give him.
In the codes of the Old Testament there are no laws of adoption. The story
of the adoption of Ephraim and Manasseh by Jacob in Gen. 48 shows that the
idea was not unknown to the Hebrews, among whom the ceremony of adoption
would seem to have consisted of the act of acknowledging the children as
one’s own by placing one’s hands on their heads and giving them a paternal
blessing.
Renunciation of Sonship
§ 192. If the son of a temple-servant or the son of a sacred harlot
says to the father that brought him up or to the mother that brought
him up, “Thou art not my father,” or, “Thou art not my mother,” they
shall cut out his tongue.
§ 193. If the son of a temple-servant or the son of a sacred harlot
has identified his father’s house and hated the father who brought him
up or the mother who brought him up and goes back to his father’s
house, they shall pluck out his eye.
The Old Testament has no laws with which to compare these. The two classes
of persons whose children are mentioned were banished from Israel by Deut.
23:17, 18.
Wet-nurses or Foster-mothers
Public-domain text, read in full here on John Shaqi.
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