(M364) Marriages are not infrequent which impose conditions upon the
husband and wife with relation to outside parties. Thus a mother gives her
daughter in marriage to a man, on condition that she shall continue to
support her mother as long as she lives. In this case, if the husband put
away his wife, he was to pay one mina of silver; while, if she hated her
husband, she was to be thrown from a pillar, _dimtu_.(320) This pillar may
be the real meaning of the _AN-ZAG-GAR-KI_, which looks very like an
attempt to express _zigguratu_, a tower, in an ideographic way. A very
similar case is where a lady takes a girl to be wife to her son but
stipulates that the wife shall treat her as mistress. If she shall say to
her mother-in-law, “Thou art not my mistress,” she shall be branded and
sold. As long as the mother lives, they two together shall support
her.(321) One may suspect that such maternal power, as is here shown over
the children, arises from their having been adopted by their mother in
order to provide for her in her old age. This was often done. The children
may have been slaves before adoption. In the second case, the mother
leaves her son all she has, or may acquire.
XI. Divorce And Desertion
(M365) Divorce is regulated by the Code. The Sumerian laws seem to regard
the marriage-tie as dissoluble on the part of the man by an act of simple
repudiation, accompanied by a _solatium_, fixed at half a mina. The wife,
however, was punished by death for repudiating her husband.(322) The Code
limits the facility of divorce for the man and renders it possible for the
woman to obtain.
(M366) Divorce of either a wife or concubine involved her being given a
maintenance. The divorced wife had the custody of her children, if any.
They were not disinherited by the divorce. The divorced woman retained the
marriage-portion which she had brought to the home. She had a share with
her children in the divorced husband’s property at his death. If he
married again, the children of both marriages shared equally. She was also
free to marry again, but apparently not until her children had come into
their share of the late husband’s property, therefore not during his
life.(323)
(M367) Divorce was permitted on the ground of childlessness. The husband
gave back to his wife all her marriage-portion. Also he had to give the
bride-price which he had paid to her parents during his courtship, and
which they had returned to him, as a rule, on marriage.(324) If this
bride-price had not been given, then he paid her a fixed sum of money; one
mina, if he was a patrician, a third, if he was only a plebeian.(325) A
slave does not seem to have had the liberty of divorce.
Public-domain text, read in full here on John Shaqi.
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