(M397) The clause which implies disinheritance in case the parents
repudiate the son, or he repudiates them, could only be enforced by a
law-court.(383) But it was nevertheless most regularly inserted in the
contract. In one case the document merely consists of it,(384) leaving us
to infer that an adopted son was concerned. But this is not absolutely
certain. The son might have been rebellious to his mother, who was
therefore minded to cut him off, and this may be the result of her
bringing her son before the judge. The judge was bound to try and
conciliate the parties.(385) Hence, not infrequently the son was bound
over not to repeat the offence on pain of disinheritance, while the mother
retained her right to disinherit. There was no mention of his being sold
for a slave, or branded, as was usual when a son was adopted and then
repudiated his parents.
According to the contracts entered into by the parties, parents could
repudiate adopted sons. This was contrary to the law by which the consent
of the judge was needed for disinheritance. It seems to be an attempt to
contract without the support of the law. The son was then to take a son’s
share and go away.(386)
(M398) The word _aplûtu_, abstract of _aplu_, “son,” and therefore
literally “sonship,” being also used to denote the relation of a daughter
to a parent, came to denote the “share” which a son or daughter received.
If a man adopted a son, he granted him an _aplûtu_, or “sonship,” and this
carried with it a material property. But the father, while still living,
might grant the son his _aplûtu_ and stipulate for maintenance during the
rest of his life. Such a grant begins with _aplûtu ša_ B, where B is the
son. But it by no means follows that B is an adopted son. The question is
only decided for us when the parentage of B is given. If he is said to be
the “son of C,” then we know that A giving him “sonship” must mean that A
adopted him. But if B is merely indicated as the son of A, we cannot tell
whether he was born to A, or only adopted by A.
(M399) So when the property given to B is in his power to dispose of later
as he may choose, this privilege is expressed by the words, “he may give
his sonship to whom he chooses.” The choice is sometimes expressed as
“that which is good to his heart,” or “in his eyes,” or “whom he loves.” A
modified choice is often mentioned, as when it is said that a votary may
leave her “sonship” after her to whom she likes “among her brothers.”
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account