(M368) The wife might take a dislike to her husband and set her face to
leave him and deny him conjugal rights. This was probably equivalent to
desertion. Then a judicial inquiry was required. If his ill treatment or
neglect was made clear and she was blameless, a divorce was granted. She
took her marriage-portion and went back to her family. But as this was of
her own seeking, she received no alimony.(326) It is assumed that it was
an unhappy marriage from the first and that there were no children.
If it were proved that she was a bad wife, she was treated as an
adulteress and drowned.(327) On the other hand, even if she were a bad
wife, the husband might repudiate her simply without paying any price for
divorce. In this case there was no suspicion of her infidelity. Or the
husband might degrade her to the position of a slave.(328) There is no
mention in these cases of a return to her father’s house.
Chronic illness on the part of a wife was not a ground for divorce. The
husband had to maintain her. He might, however, take a second wife.(329)
If she did not care to remain in his house in such conditions, she could
leave him, take her marriage-portion and return to her family.(330)
(M369) We have already seen that the Code regulates the questions arising
out of divorce.(331) The examples at this period are but few. In one case
a man put away his wife and she received her price of divorce. It is
expressly stated that she may marry another man and her former husband
will not complain.(332) This document is, however, little more than an
agreement to abide by the terms of the divorce.
In another case a marriage-contract names the penalty a man shall pay for
divorcing his wife.(333) In all these cases the word for divorce, _ezêbu_,
is literally “to put away.” But a man divorced his wife by the simple
process of saying, “You are not my wife.” He then paid her a fine,
returned her marriage-portion and so on, as laid down in the Code.(334) It
was far harder for a woman to secure a divorce from her husband. She could
do so, however, but only as the result of a lawsuit.(335) As a rule, the
marriage-contracts mention death as her punishment, if she repudiates her
husband. The death by drowning is usually named. This was in accordance
with Law V. of the Sumerian Code.
We may regard repudiation of husband and wife, one by the other, and
desertion as leading to divorce; and therefore these may be appropriately
considered next.
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