(M403) The obligation might be service; as when a lady adopts a maid to
serve her for life and inherit a certain house.(389) In another case a
lady adopts a son to bring up her daughter and give her to a husband. “If
he vexes his adoptive mother, she will cut him off. He shall not have
claim on any of the goods of his adoptive mother, but shall inherit her
field and garden.”(390) Evidently the mother intended her personal effects
to be her daughter’s and to form her marriage-portion. The obligation did
not always last long. Thus we find that Lautum, who was adopted by a
votary and was herself a votary, two years later was in a position to
adopt as her daughter another votary.(391) She handed on the same
property, indicating that her adoptive mother was dead.
The adoption of a child by a lady of fortune was evidently a good
settlement for the child, and usually the real parents raised no
objection. We even find the father of a girl adopted by a lady, making an
addition to her heritage in the form of a gift to the adopting mother on
her effecting the deed of adoption. He gave them two male and two female
slaves. Here also the girl covenanted to support the adoptive mother.(392)
(M404) Occasionally the adopted child did not carry out his duties. This
was good ground for disinheriting him. But disinheritance was not to be
inflicted without the sanction of the judges.(393) Hence we find that when
a lady had adopted a daughter who failed to give her food and drink, the
judges summoned them to the great temple of Shamash in Sippara, there cut
off the daughter from her heritage, took away the tablet of adoption
granted her, and destroyed it.(394)
(M405) A curious case is where A, the daughter of B and C, endows D to
take care of B and C. As long as D lives A covenants to allow her so much.
When she dies A will herself perform the duties.(395) Here A evidently
expected her parents would not live long, but also D must have been aged,
or infirm, as A contemplates the chance of her parents outliving D. This
is not a case of adoption, but is so similar in purpose to those above as
to deserve a place here.
(M406) Occasionally, however, the adopting parent reserved the usufruct of
the property for life only, fixing by deed the rightful heir.(396) This
was, in effect, a will or testament, since the inheritance did not take
effect until after the death of the testator.
XVI. Rights Of Inheritance
(M407) The division of property among the children invariably followed the
death of the father. We have a very large number of contracts bearing on
this custom. The contract sets forth the particulars of the division and
includes a sworn declaration on the part of the recipients to make no
further claim. There were certain reservations to be made in the case of
minors, for whom a portion had to be set aside to provide for their making
the proper gifts to the parents of their brides on marriage.
Public-domain text, read in full here on John Shaqi.
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