Part XVI

As a survival of early conditions when women were purchased as wives, we have in the marriage agreements of the Hammurapi periods the same general form as in the case of other purchases, even though this point of view is no longer present in the subsequent relations of man and wife ; and the form undergoes only slight modifications during the later periods of Babylonian history and in Assyria.

In the marriage contract, ^[1] there are two parties as in the ordinary bill of purchase the parents disposing of the daughter, or in default of both, the father or mother, or if both are dead, the brothers and sisters, while on the other side we have the bridegroom acting for himself, though occasionally his parents act for him. ^[2]

The original purchase money is replaced by the "gift", ^[3] given by the bridegroom to the parents or representatives of the bride, but which already in the days of Hammurapi is kept in trust for her, to be passed down to her children and of which her husband can at most use the interest for his business enterprises. The gift or dowry of the parents to the daughter appears at all times to have been optional, and while at the husband's disposal, is to be returned to the wife in case of a divorce brought about through no fault of the wife. As we have seen, ^[4] the wife as well as woman in general possesses all the rights of a person whose independent legal status is recognized.

She can buy, lease and sell, make contracts and can dispose of property belonging to her. She can enter into business partnership with the husband and both are held equally responsible for obligations thus entered upon. Women act as witnesses, as scribes ^[5] and even as judges ^[6] and hold other official posts. It would appear, indeed, that the relatively high status of woman in ancient Babylonia results from her position in the cult as a priestess.

The woman, as part of the temple organization, would naturally share in the growth of the organization. Hence the priestess like the priest enters into commercial life, and with this had to be given a legaF status equal to that of a priest. The ordinary form of a marriage contract reads as follows: ^[7]

"Bashtum, daughter of Belizunu, the priestess of Shamash, daughter of Uzibitum, has been taken to wife by Rimum, the son of Shamkhatum. . . . shekels of silver ^[8] as the amount of her 'gift' she has already received. Her heart is satisfied. If Bashtum says to Rimum, her husband, 'thou art not my husband,' ^[9] she is bound and thrown into the river ; ^[10] and if Rimum says to Bashtum, 'thou art not my wife,' he weighs out to her ten shekels as divorce money. In the name of Shamash, Marduk, Samsu-iluna and the city of Sippar they have sworn."

Seven witnesses, among them a woman, bear attest to the document. The circumstance that the bride, apparently, must declare her satisfaction with the marriage gift or settlement for her benefit shows how far removed we are from the days of marriage by purchase.

In another document, ^[11] likewise dating from the days of Samsuiluna (2080-2043 B.C.), there is instead of a mention of a gift on the part of the bridegroom, a clause in regard to the dowry of 19 shekels of silver brought by the bride as a dowry to her husband. It is stipulated that the husband forfeits the dowry if he divorces his wife, besides being obliged to pay a compensation of half a mina, whereas if the woman rejects her husband, she loses the dowry and must pay a fine of half a mina.

"By mutual consent they have sworn in the name of the king",

the document adds.

We have seen ^[12] how the Code endeavors to protect the first and chief wife against being shoved into the background through more attractive rivals. In illustration, we have an interesting marriage agreement between a man and two sisters, with a stipulation regarding the status of the second in order to make clear her subsidiary position in the household. The documerit from the days of Sin-muballit (2144-2124 B.C.) reads : ^[13]

"Warad-Shamash has married Taram-Sagila and Iltani, ^[14] daughter of Sin-abushu. If Taram-Sagila or Iltani says to Warad-Shamash, 'thou art not my husband,' they shall cast her down from a column ; and if Warad-Shamash says to Taram-Sagila or Iltani, his wife, 'thou art not my wife,' he loses house and furniture.

Furthermore, Iltani shall wash the feet of Taram-Sagila (and) carry her chair to the temple of her god. Iltani is to help Taram-Sagila with her toilet and (otherwise) assist her and she is not to use her seal. She must grind 10 Ka of flour and bake for her." ^[15]

These curious stipulations are all evidently intended to indicate the inferior position which the second wife is to occupy by the side of her sister, to do personal and menial service, in fact, to be in the position of a handmaid who, as will be recalled, ^[16] might also be given by the wife to her husband as a concubine.

Footnotes and references:

[1]:

For details of marriage in the Hammurapi period, see Cuq's admirable article, Le Mariage a Bdbylone d'apres les Lois de Hammurapi (Revue Biblique, 1905, pp. 350-371).

[2]:

See Cun. Texts, viii, 7 b .

[3]:

Tirkhatu.

[4]:

Above p. 305, seq.

[5]:

E.g., Cun. Texts vi, PI. 24 b (Amat-Mamu, the female scribe of the document in question).

[6]:

Cun. Texts, viii, PI. 28 b (Ishtar-Ummu, daughter of Abbanibum, female scribe and judge in the temple of Shamash).

[7]:

Meissner, Beitrage zum altbabylonischen Pnvatrecht (Leipzig, 1893), No. 90.

[8]:

The number of shekels is broken off. The amount of the gift varies naturally according to the financial status of the parents ; it is quite frequently very low, four to ten shekels.

[9]:

I.e., refuses to cohabit with him or desires to leave him.

[10]:

An alternative punishment is "to be thrown from a column," e.g., V order as, Schriftdenkmaler, Heft viii, No. 4, 24-25 (case of a female slave married to a freeman), and in the text below.

[11]:

From Nippur and couched in Sumerian. See Poebel, l.c., No. 40.

[12]:

Above, p. 309, seq.

[13]:

Cun. Texts ii, PI. 44. We have also another special marriage contract between the same Warad-Shamash and one of the sisters (Iltani). See Meissner, ib., No. 89.

[14]:

More literally they have entered into a relationship of "wife and husband," with Warad-Shamash.

[15]:

The names of ten witnesses are attached.

[16]:

Above, p. 309.