So far as our examples go, some color might be given to the suggestion
that adoption was always merely for the convenience of old people who
wanted to be taken care of. But we know that children were adopted on
other grounds. That they were children and not always grown-up men and
women is clear from the above. This we may regard as adoption pure and
simple. Other cases are a legal method of making provision for old age, or
for other purposes for which an heir as legal representative was
desirable. In the case of no legal heir, the property went back to the
next of kin.
(M395) That such a process did take place in Babylonia is made clear by
the Code.(378) But few examples are known where a father takes into his
family an additional child. The case, in which the son is not only adopted
by parents who have a family living, but is ranked as their eldest son,
deserves reproducing in full.(379)
Ubar-Shamash, son of Sin-idinnam, from Sin-idinnam, his father,
and Bititum, his mother, have Beltum-abi and Taram-ulmash taken to
sonship, and let him be the son of Beltum-abi and Taram-ulmash.
Ubar-Shamash shall be their eldest son. The day that Beltum-abi,
his father, and Taram-ulmash, his mother, say to Ubar-Shamash,
their son, “You are not our son,” he shall leave house and
furniture. The day that Ubar-Shamash shall say to Beltum-abi, his
father, or Taram-ulmash, his mother, “You are not my father or my
mother,” one shall brand him, put fetters upon him, and sell him.
Both parents of the adopted son were living. That the son is to be
reckoned eldest implies that the adopting parents had other children. This
is made clear in one case where the adoptive parents are expressly said to
have five children.(380) In another case where a child is adopted a
certain person is expressly said to be his brother.(381)
(M396) The existing members of the family had a real interest in the
proceeding. For, as inheriting with them, the addition of another son
could not but affect their prospects. We may wonder what influenced them
to consent. That they did consent is clear from the often-occurring
covenant by which they bound themselves not to object. One explanation may
be that they had grown up and left home and were anxious for the welfare
of their parents, but could not arrange to look after them themselves.
Hence for their parents’ sake they were willing to forego their share, or
submit to a stranger taking precedence of them, or in some cases to give
up all claim to the property in their parents’ possession in return for
being relieved of the responsibility of looking after them. Of course,
when the adopted son was only taken in as one, even the eldest, among
several, he would only have a share at the parents’ death. But it even
seems that the children might of their own motion adopt a brother to be
son to their parents.(382)
Public-domain text, read in full here on John Shaqi.
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