The Historians' History of the World 01

Domestic Legislation, Divorce, Inheritance

The laws referring to domestic legislation are especially interesting as showing the position of women. We know from other documents of the period that they could hold property in their own name and carry on business, and we see here that their position was respected.

127. If anyone has caused a finger to be pointed at a votary or the wife of a man and has not proved (his accusation against) that man, one shall bring him before the judge and brand his forehead.

A contract was necessary for legal marriage:

128. If anyone has married a wife but has not drawn up a contract with her, that woman is not a wife.

If a man was taken captive and if, during his absence, his wife married some one else while there was means of subsistence in the house, she was drowned. But if she had no means of support, her action was considered justifiable. If, in the latter case, the husband returned, his wife was to return to him; but the children of her second marriage remained with their father. If the man was a fugitive and had abandoned his native city, but returned after a time and wanted his wife again, she was not to return to him.

The laws concerning divorce were much like those existing in Mohammedan countries to-day. If a woman were childless and her husband wished to divorce her, she received her dowry and marriage portion and returned to her father’s house. If she had borne children and her husband still wanted to divorce her, she received besides her marriage portion sufficient means to bring up her children; and after they were grown, of whatever they received they were to give her a son’s share. She was also free to marry again. If the woman were divorced through a fault of her own, she received nothing.

141. If a man’s wife, who lives in his house, sets her face to go out, causes discord, wastes her house, neglects her husband, to justice one shall bring her. If her husband says, “I repudiate her,” he shall let her go her way, he shall give her nothing for her divorce. If her husband says, “I do not repudiate her,” her husband may take another wife; that (first) wife shall stay in the house of her husband as a slave.

A woman who wanted a divorce, if she could show fault in her husband for it, might take her marriage portion and go home; but if the fault were hers she was thrown into the water.

A peculiarly humane provision is the following:

148. If anyone has taken a wife and a sickness has seized her, and if his face is set towards taking another wife, he may take (her), but his wife whom the sickness has seized he may not repudiate her, she shall live in the house he has built, and as long as she lives he shall support her.

149. If that woman does not desire to live in the house of her husband, he shall give her the marriage portion she brought from her father’s house, and she shall go.

150. If anyone has given his wife, field, garden, house, or property, and has left her a sealed tablet; after (the death of) her husband, her children shall contest nothing with her. The mother shall leave her inheritance to the child whom she loves; to a brother she shall not give it.

Laws of inheritance are more particularly dealt with in clauses 162-184:

162. If anyone has married a wife, and she has borne him children; if that woman has gone to her fate, of her marriage portion her father shall claim nothing; her marriage portion belongs to her children.

163. If anyone has married a wife and she has borne him no children; if that woman has gone to her fate, if the dowry which that man took from the house of his father-in-law his father-in-law has returned; on the marriage portion of that woman the husband shall make no claim, it belongs to the house of her father.

164. If his father-in-law has not returned him the dowry, from her marriage portion he shall deduct all her dowry; and her marriage portion he shall return to the house of her father.

165. If any man to his son, the first in his eyes, has given a field, garden, and house, and has written a tablet for him; if afterwards the father has gone to his fate, when the brothers make a division, the present which the father gave him he shall keep; in addition, the goods of their father’s house in equal parts they shall share (with him).

166. If a man has taken wives for his sons, for his little son a wife has not taken, if afterwards the father has gone to his fate, when the brothers divide the goods of their father’s house, to their little brother, who has not taken a wife, besides his portion, money for a dowry they shall give him, and a wife they shall cause him to take.