(M356) The case was different with the maid—a slave who by her mistress’s
consent bore children to her master. She was still a slave and if she
rivalled her mistress, or was impertinent to her, she could be put back
again among the slaves; perhaps even branded. But, if she had borne
children, she was not to be sold as a slave. At the death of her master
she was free. Her children by him were free in any case. If her master
were so minded, he might make them full sons by verbal acknowledgment. It
was enough to say, “my sons.” But that he had done so probably had to be
proved by a witness. A family unacknowledged by the father would on his
death have only a mother. In such a family the mother was the obvious
ruler. We must be on our guard against mistaking her position, or that of
the concubine above, for examples of matriarchy. If she was pledged for
debt, she could not be sold, she must be bought back.
(M357) That a slave usually was married to a slave-girl with his master’s
consent and even by his direction is quite the rule. Masters even went so
far as to buy a slave-girl to be wife to a slave. There is no reason to
think that the master did not respect the slave’s matrimonial rights. But
the slave’s wife was not always owned by the slave’s master. Sometimes she
was owned by a different master, or was free. There was no especial
disgrace attaching to becoming the wife of a slave. A free woman might not
only marry a slave, but bring with her a marriage-portion, as if she had
married in her own rank. The man had no ancestral property, he was “a son
of no one.” Hence when he died all the property to be divided consisted of
what the married couple had acquired together, and the wife’s
marriage-portion. To the latter she had full and unquestioned right. The
master was his slave’s heir. So the property which the pair had acquired
during their married life was divided into two equal portions. The master
took one half, the wife the other for herself and her children. The
children were all free. When both father and mother were slaves, so were
the children. There was no property then for the slave-children to
inherit.(306)
(M358) Some further evidence from the contracts is worth noting here.
Documents relating to marriage are not very common and may have owed their
presence in the archives to some peculiarity in their form. Some are
perhaps rather a memorandum that the proper formalities have been complied
with. Thus(307) we read that “A has taken to wife B, the daughter of C,
from C and D his wife, and has paid ten shekels as _terḫatu_ to C, her
father.” The rest is lost. If it only laid down the penalties for
infidelity on either side, this was quite normal.
Public-domain text, read in full here on John Shaqi.
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