(M353) In the earlier days monogamy prevailed. A man ordinarily had one
wife. Polygamy, however, was not unknown. For a variety of reasons men did
sometimes have two wives, but these cases were treated as exceptions. A
man might also have a concubine or a slave-girl to bear him children.
These did not bear legitimate children. He might adopt them, but was not
bound to do so. If a man married twice, the children of both marriages
shared equally in his possessions; but they did not put their mothers’
marriage-portions into a common fund and divide that equally. The children
of the first wife divided among themselves their own mother’s
marriage-portion, and the children of the second marriage did
likewise.(298)
(M354) In Assyrian times there is clear evidence that among the slaves and
serfs, at least, polygamy was fairly common.(299) In the later Babylonian
era polygamy also existed. Wives might be sisters.(300) We read of a
“second wife.”(301) But taking a second wife was held to be a slight upon
the first, in whose marriage-contract the clause was inserted that in such
a case the husband must pay her a mina of silver and allow her to go back
to her father’s house. In that case the man was hardly bigamous. It was a
case of divorce, and perhaps a legal ceremony before judges was also
necessary.
(M355) A man might form a connection with a woman other than his wife. A
concubine was a free woman, but had not the status of a wife; nevertheless
she might bring with her a marriage-portion, over which she had the same
rights as a legal wife.(302) She was taken into the same house as the
wife, but she might not rival her. A man’s excuse for taking a concubine
was that his wife was childless. He was not allowed to take a concubine,
even if his wife was childless, if she gave him a maid to bear him
children. Only when the wife was herself childless and would not allow him
a maid, was he allowed to bring a concubine into his house. This second
wife was married to him. She often seems to have been bound to serve the
first wife and treat her as her mistress. But she had the same rights as a
wife. If she were put away, the husband had to return her
marriage-portion, if she had any. She had the usufruct of house, field,
and goods. She was not deprived of her children, but had the custody and
education of them. When they entered into possession of their father’s
property, she shared with them, taking the same share as a child. Then she
was free to marry again.(303) It seems that in any case, the children of a
concubine were full children and with the same standing as the children of
the first wife. The father might dower his daughter for a concubine; she
then had no claim to share with her brothers and sisters at his
death.(304) But, if her father had given her no marriage-portion, her
brothers must give her one at the division of his property.(305)
Public-domain text, read in full here on John Shaqi.
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