(M322) Marriage is the bond which unites the different members of the
family. The married pair, their children, slaves, and adjuncts, one side
or the other, constitute the family unit. The Sumerian laws presuppose
marriage; but, so far as known, merely attached penalties to repudiation
of the wedded ties. The Code is very full and explicit and forms the basis
of all our knowledge. The contemporary documents extend it in some
particulars. In Assyrian times we know little or nothing about the laws
concerning marriage. In later Babylonian times very little is known until
the Persian period, when we have many illustrations. But what we know, or
can gather from scattered hints, makes it clear that the state of things
represented in the Code remained practically unchanged for the whole
period.
(M323) The Code is explicit that a woman was not a wife without
“bonds.”(257) This was a marriage-contract; of which the essentials were
that the names of the parties and their lineage were given, the proper
consents obtained and the declaration of the man that he has taken
so-and-so to wife inserted. As a rule, stringent penalties are set down
for a repudiation of the marriage-tie. In these bonds a man might be
required to insert the clause that his wife was not to be held responsible
for any debts he might have incurred before marriage. The Code enacts that
such a clause shall be held to act both ways; if it is inserted, then the
man shall not be liable for his wife’s debts before marriage.(258) But, if
no such bond existed, the wedded pair were one body as far as liability
for debt was concerned, by whichever it had been contracted and, in spite
of such a bond, both were liable together for all debts contracted after
marriage.
(M324) The family relationship was of primary importance. Whatever may be
said about traces of matriarchy in Babylonia, we have no legal documents
which recognize the institution. The father is the head of the family and
possesses full power over his wife and family. But the woman is not in
that degraded condition in which marriage by capture, or purchase, left
her. She was a man’s inferior in some respects, but his helper and an
honorable wife.
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