Babylonians and Assyrians : $b Life and customsSayce, A. H. (Archibald Henry)
History
Babylonians and Assyrians : $b Life and customs
Sayce, A. H. (Archibald Henry)
Assyria -- Social life and customs; Babylonia -- Social life and customs
The concubine was usually a slave who had been bought by the bridegroom.
Occasionally, by agreement with the parents, the wife herself was in much
the same position. Thus Dagil-ili, who married the daughter of a lady
named Khammâ, gave the mother one and a half manehs of silver and a slave
worth half a maneh, and agreed that if he married another wife he would
give her daughter a maneh and send her back to her old home. Here the
husband practically buys his wife, though even so the law obliged him to
divorce her if he married again, and also fined him for doing so. Khammâ
was apparently in financial difficulties, and consequently, instead of
furnishing her daughter with a dowry, received money from the bridegroom.
It was a private arrangement, and utterly opposed to the usual custom. The
parents had, however, the power of selling their children before they came
of age, and where the parents were dead, the same power was possessed—at
any rate in Assyria—by a brother in the case of a sister. Doubtless the
power was restricted by law, but the instances in which we hear of its
being exercised are so rare that we do not know what these restrictions
were.
Nor do we know the reasons which were considered sufficient to justify
divorce. The language of the early laws would seem to imply that
originally it was quite enough to pronounce the words: “Thou art not my
wife,” “Thou art not my husband.” But the loss of the wife’s dowry and the
penalties attached to divorce must have tended to check it on the part of
the husband, except in exceptional circumstances. Perhaps want of children
was held to be a sufficient pretext for it; certainly adultery must have
been so. Another cause of divorce was a legal one: a second marriage
invalidated the first, if the first wife was still alive.
This is a very astonishing fact in a country where polygamy was allowed.
It proves that polygamy was greatly restricted in practice, and that the
tendency of the law was to forbid it altogether. Among the multitudinous
contracts of the second Babylonian empire it is difficult to find any
which show that a man had two legitimate wives living at one and the same
time. The high position of the mother of the family, her independence and
commercial equality with her husband, were all against it. It is only
where the wife is a bought slave that polygamy can flourish.
Public-domain text, read in full here on John Shaqi.
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