This may be donation, or adoption, or even a marriage-portion.
At all times, a difficulty arises from the phraseology of the deeds of
gift. When we are told that “A has given B such and such things,” we do
not know the ground of the gift. “To give for money,” _nadânu ana kaspi_,
is the usual expression for “to sell.” In the older documents _šarâḳu_,
“to present,” often occurs, but has in most cases the derived technical
sense “to dower,” or “give a marriage-portion.” Hence, we are not able to
judge whether what appears as “gift” may not really be “a sale,” or some
payment meant to complete the portioning off of a daughter, on marriage or
taking vows.
(M541) There are, however, a large number of deeds of gift which have
reached us from the Second Babylonian Empire. The characteristic formula
may be taken to be _ina ḫûd libbišu iknukma pâni ušadgil_, “in the joy of
his heart (_i.e._, of his own free will, implying that no consideration
was taken _per contra_) he has sealed and placed at the disposal of.” As a
rule, we may suspect these to be “gifts” to which the recipient had a
right. Thus, mother to son,(564) brother to sister,(565) man to wife and
daughter,(566) mother to daughter,(567) are not free from suspicion. But
when a man gives maintenance to wife and son,(568) brother gives dower to
sister,(569) father-in-law gives son-in-law arrears of his daughter’s
dower,(570) and wherever there is a hint that the “gift” was a _nudunnû_,
or a _šeriḳtu_, we may regard the case as not properly “donation,” but
“dower.”
(M542) The following example shows the limitations on free gift that still
remained in later times.(571) Zêrûtu had married and had a son,
Shâpik-zêri. Then he had an intrigue with Nasikâtum, daughter of the
Sealand scribe, who bore him a son, Balâṭu. He gave Balâṭu a house, but
did not adopt him. After Zêrûtu died, Shâpik-zêri demanded the house as
his father’s heir. The judges gave it to him and also the deed of gift.
(M543) The dedication of land to a temple or of a child to the service of
a god may be considered as examples of free gift; but they are of a nature
deserving separate consideration. We have already noticed some cases of
such donations by the kings. We know from the Code that a father might
dedicate a child as a votary,(572) and he might portion that child; but
this did not bring a free gift to the temple, for the family had the
reversion of the votary’s property.
As a further example of dedication by a private owner, we may take the
following:(573)
(M544)
As temple of the god Lugalla (the king) and his consort Shullat,
Nûr-ilishu, son of Bêl-nada, has dedicated to his god one _SAR_ of
improved land, for his life (salvation), has devoted it to his
god. Pî-sha-Shamash shall be the priest of the temple. Nûr-ilishu
shall lay no claim to the priesthood. The curse of Shamash and of
Sumulâ-ilu be on him who disputes the settlement. Seven witnesses.
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