(M370) Desertion of a wife by her husband might be involuntary. The Code
deals with the case of a man captured by the enemy. If the wife were left
at home well provided for, she was bound to be true to her absent husband.
If she entered another man’s house, she was condemned to death as an
adulteress.(336) But if she was not provided for, she might enter another
man’s house without blame.(337) There she might bear children. But, if so,
she yet had to go back to her original husband on his return. The children
she had borne in his absence were to be counted to their real father.(338)
That the law provides for such cases points to the existence of frequent
wars, in which fortune was not always on the side of Babylonia.
(M371) But the husband might desert his wife voluntarily. Then, if she was
left unprovided for, the wife might enter another man’s house. The errant
husband, when he returned, could not reclaim his wife.(339)
We have a legal decision in a case(340) where a man had deserted his wife
for twenty years and “left her to her fate, did not love her.” During this
time a daughter, whether real or adoptive we are not told, took care of
her mother. To her the mother left property, among other things, a slave.
The mother being dead, the truant husband returned and claimed the slave
from the daughter. He was nonsuited.
Among the provocations which gave the wife cause for divorce was the
“going out” of the husband, probably a euphemism for adultery on his part.
Belittling his wife was another ground for her complaint. What this means
is not quite clear, but we may regard it as persistent neglect.
XII. Rights Of Widows
(M372) The Code makes clear what was the position of the widow. She had a
right to stay on in her husband’s house until she died,(341) but was not
compelled to do so.(342) If she remained, she was the head of the family.
To her the young sons looked to furnish them with means to court a wife,
and the daughters for a marriage-portion. She acted in these matters with
the consent and assistance of her grown-up children. But she might elect
to leave the home and remarry.
(M373) As long as she remained in her husband’s home she enjoyed to the
full whatever she had brought there as a marriage-portion, whatever her
husband had settled upon her, and also received a share from her husband’s
goods at his death. The widow’s share was the same as a child’s. But she
had no power to alienate any of these possessions. The Code expressly
declares that they were her children’s after her.(343) The children had no
power to turn her out. If they desired her to leave, the matter came
before the law-courts, and her private wishes were consulted. If she
wished to remain, she might do so, and the judge bound over the children
to allow her to do so.(344)
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