(M374) A very clear example of the permanence of the Code regulations on
this subject meets us in the fifth year of Cambyses.(345) Ummu-tâbat,
daughter of Nabû-bêl-usur, wife of Shamash-uballiṭ, son of Bêl-ebarra, a
Shamash priest, who was dead, whose sons were Shamash-eṭir, Nidittum, and
Ardi-Ḥar, swore to Bêl-uballiṭ, priest of Sippara, saying, “I will not
remarry, I will live with my sons, I will bring up my sons to manhood,
until they are numbered with the people.” On the day that Ummu-ṭâbat
remarries, according to her bond, the property [of her late husband] which
is in the possession of Bêl-uballiṭ, the priest of Sippara, [she shall
forfeit]. The tablet is defective here, but on the edge of the tablet we
see that the care of her sons was given her. To remarry is expressed here
by the words, “going into the _bît zikari_.”
(M375) A widow could remarry at her discretion. She no longer had to be
given in marriage. She was free to marry the man of her choice.(346) She
might take with her her marriage-portion to her new home, but she had to
leave behind any settlement which her former husband had given her, or any
share of his goods that had come to her at his death. Her family were not
called upon to find any fresh marriage-portion for her. But she was not
completely mistress of even her marriage-settlement. If she had children
of the former marriage, they and any children of her second marriage
shared her marriage-portion equally. Only she had the enjoyment of it for
life.(347) If there were no children of the second marriage, those of the
first took all she left.(348)
(M376) We have assumed that when her husband died her children were old
enough to care for themselves. If they were not, she had no power to enter
upon a second marriage and desert her first family. She was not free to
marry at all without consent of the law-court.(349) But there is no
evidence that this could be withheld, if proper conditions were observed.
The first husband’s property was inventoried and consent for the second
marriage being granted, she and her new husband were bound by deed to
preserve the whole estate of the late husband for his children. With that
proviso, the newly married pair entered into full use of the deceased’s
property and were bound to educate the children until grown up. They had
no inducement to neglect them, as in any case none of the deceased’s
property could ever be theirs. If the children died, it would all revert
to the family of the deceased. The newly married pair had no further
interest in it than the enjoyment of it until the children could manage
for themselves. They could not alienate any of it. The sale of even a
utensil was not possible.(350)
XIII. Obligations And Rights Of Children
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