(M377) It is customary to say that the father had absolute power over his
children, but it is better to state only what is known with certainty
regarding the extent of his power. The father could treat his child, or
even his wife, equally with a slave, as a chattel to be pledged for his
debts.(351) We may therefore conclude that he could sell his child. An
actual example cannot be cited from early times, but they are very common
later.
The son was not capable of entering into an independent contract with an
outside person.(352) We may assume that this means simply while yet living
in his father’s house. The father had rights over what his son earned. A
man could also hire out his child and take the wages.(353)
(M378) The father had the right to prefer one son above the rest. He could
endow him with house, field, and garden. But this must be done in his
lifetime and by written deed. This gift did not in any way affect the
son’s claim to inherit equally with his brethren on the father’s death,
when he took a full share over and above what he had by gift.(354)
(M379) The father had full power to dispose of his daughters in marriage.
But he was expected to furnish them with a marriage-portion. This was not
obligatory, being probably a matter of negotiation with the parents of the
bridegroom. In later times the obligation evidently became irksome and
oppressive, and Law E was passed to relieve the strain. A father was bound
to do his best to fulfil his promise to dower his daughter, but no more. A
father could not hinder his daughter from becoming a votary.(355) If he
approved her choice, he might give her a portion, as if for marriage,(356)
but he was not compelled to do so. A father could give his daughter to be
a concubine.(357)
The father’s consent was also needed to his son’s marriage.(358) He had to
provide the youth with a bride-price, and secure a wife for him.(359)
(M380) It is not easy to determine when children ceased to be under the
paternal power. Betrothed daughters remained in their father’s house; so
did married sons sometimes. Whether the birth of a child, making the young
man himself a father, freed him as head of a family, or whether it was
entering a house of his own, we cannot yet say.
(M381) The Sumerian laws are very severe upon a child’s repudiation of a
father. That degraded him to the status of a slave. He might also be
branded. Obviously he was disinherited. The repudiation is expressed in
the words, “You are not my father,” but it may be intended to cover all
unfilial conduct. The Code is more explicit. If a son struck his father,
his hands were cut off.(360)
(M382) The Sumerian laws preserved the father’s rights to disinherit the
son by a simple repudiation, saying, “You are not my son.” The son then
had to leave house and enclosure. The Code limits this power. It insists
on legal process and good reason alleged. Also it was not allowed for a
first offence on the son’s part.(361)
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