Babylonian and Assyrian Laws, Contracts and Letters Part 7

(M155) If her children have persecuted her in order to have her leave the house, and the judge has inquired into her past, and laid the blame on the children, that woman shall not leave her husband's house. If that woman has determined to leave, she shall relinquish to her children the gift her husband gave her, she shall take the marriage-portion of her father's estate, and the husband of her choice may marry her.

(M156) -- 173. If that woman, where she has gone, has borne children to her later husband, after that woman has died, the children of both marriages shall share her marriage-portion.

-- 174. If she has not borne children to her later husband, the children of her first husband shall take her marriage-portion.

(M157) -- 175. If either a slave of a patrician, or of a plebeian, has married the daughter of a free man, and she has borne children, the owner of the slave shall have no claim for service on the children of a free woman. And if a slave, either of a patrician or of a plebeian, has married a free woman and when he married her she entered the slave's house with a marriage-portion from her father's estate, be he slave of a patrician or of a plebeian, and from the time that they started to keep house, they have acquired property; after the slave, whether of a patrician or of a plebeian, has gone to his fate, the free woman shall take her marriage-portion, and whatever her husband and she acquired, since they started house-keeping. She shall divide it into two portions. The master of the slave shall take one half, the other half the free woman shall take for her children.

-- 176. If the free woman had no marriage-portion, whatever her husband and she acquired since they started house-keeping he shall divide into two portions. The owner of the slave shall take one half, the other half the free woman shall take for her children.

(M158) -- 177. If a widow, whose children are young, has determined to marry again, she shall not marry without consent of the judge. When she is allowed to remarry, the judge shall inquire as to what remains of the property of her former husband, and shall intrust the property of her former husband to that woman and her second husband. He shall give them an inventory. They shall watch over the property, and bring up the children.

Not a utensil shall they sell. A buyer of any utensil belonging to the widow's children shall lose his money and shall return the article to its owners.

(M159) -- 178. If a female votary, or vowed woman, has had given her by her father a portion, as for marriage, and he has written her a deed, and in the deed which he has written her he has not written that she may leave it as she pleases, and has not granted her all her desire; after her father has gone to his fate, her brothers shall take her field, or garden, and, according to the value of her share, shall give her corn, oil, and wool, and shall content her heart. If they do not give her corn, oil, and wool, according to the value of her share, and do not satisfy her, she shall let her field and garden to a farmer, whom she chooses, and the farmer shall support her. The field, garden, or whatever her father gave her, she shall enjoy, as long as she lives. She shall not sell it, nor mortgage it. The reversion of her inheritance indeed belongs to her brothers.

(M160) -- 179. If a female votary, or vowed woman, has had a portion given her by her father, and he has written her a deed, and in the deed that he has written her has [declared] that she may give it as she pleases, and has granted her all her desire; after her father has gone to his fate, she shall leave it as she pleases; her brothers shall make no claim against her.

(M161) -- 180. If the father has not given a portion to his daughter, who is a female votary, or vowed woman; after her father has gone to his fate, she shall share in the property of her father's house, like any other child. As long as she lives, she shall enjoy her share; after her, it indeed belongs to her brothers.

(M162) -- 181. If a father has vowed his daughter to a G.o.d, as a temple maid, or a virgin, and has given her no portion; after the father has gone to his fate, she shall share in the property of her father's estate, taking one-third of a child's share. She shall enjoy her share, as long as she lives. After her, it belongs to her brothers.

(M163) -- 182. If a father has not given a portion, as for marriage, to his daughter, a votary of Marduk of Babylon, and has not written her a deed; after her father has gone to his fate, she shall share with her brothers from the goods of her father's estate, taking one-third of a child's share. She shall not be subject to duty. The votary of Marduk shall leave it after her to whom she pleases.

(M164) -- 183. If a father has given a portion, as for marriage, to his daughter by a concubine, and has given her to a husband, and has written her a deed; after her father has gone to his fate, she shall not share in the goods of her father's house.

(M165) -- 184. If a man has not given a portion, as for marriage, to his daughter by a concubine, and has not given her to a husband; after her father has gone to his fate, her brothers shall present her with a marriage-portion, according to the wealth of her father's estate, and shall give her to a husband.

(M166) -- 185. If a man has taken a young child, a natural son of his, to be his son, and has brought him up, no one shall make a claim against that foster child.

(M167) -- 186. If a man has taken a young child to be his son, and after he has taken him, the child discover his own parents, he shall return to his father's house.

-- 187. The son of a royal favorite, of one that stands in the palace, or the son of a votary shall not be reclaimed.

(M168) ---- 188, 189. If a craftsman has taken a child to bring up and has taught him his handicraft, he shall not be reclaimed. If he has not taught him his handicraft that foster child shall return to his father's house.

(M169) -- 190. If a man has brought up the child, whom he has taken to be his son, but has not reckoned him with his sons, that foster child shall return to his father's house.

(M170) -- 191. If a man has brought up the child, whom he took to be his son, and then sets up a home, and after he has acquired children, decides to disinherit the foster child, that son shall not go his way [penniless]; the father that brought him up shall give him one-third of a son's share in his goods and he shall depart. He shall not give him field, garden, or house.

(M171) -- 192. If the son of a palace favorite or the son of a vowed woman has said to the father that brought him up, "You are not my father," or to the mother that brought him up, "You are not my mother," his tongue shall be cut out.

-- 193. If the son of a palace favorite or the son of a vowed woman has come to know his father's house and has hated his father that brought him up, or his mother that brought him up, and shall go off to his father's house, his eyes shall be torn out.

(M172) -- 194. If a man has given his son to a wet-nurse to suckle, and that son has died in the hands of the nurse, and the nurse, without consent of the child's father or mother, has nursed another child, they shall prosecute her; because she has nursed another child, without consent of the father or mother, her b.r.e.a.s.t.s shall be cut off.

(M173) -- 195. If a son has struck his father, his hands shall be cut off.

(M174) -- 196. If a man has knocked out the eye of a patrician, his eye shall be knocked out.

-- 197. If he has broken the limb of a patrician, his limb shall be broken.

-- 198. If he has knocked out the eye of a plebeian or has broken the limb of a plebeian, he shall pay one mina of silver.

-- 199. If he has knocked out the eye of a patrician's servant, or broken the limb of a patrician's servant, he shall pay half his value.

-- 200. If a patrician has knocked out the tooth of a man that is his equal, his tooth shall be knocked out.

-- 201. If he has knocked out the tooth of a plebeian, he shall pay one-third of a mina of silver.

(M175) -- 202. If a man has smitten the privates of a man, higher in rank than he, he shall be scourged with sixty blows of an ox-hide scourge, in the a.s.sembly.

-- 203. If a man has smitten the privates of a patrician of his own rank, he shall pay one mina of silver.

-- 204. If a plebeian has smitten the privates of a plebeian, he shall pay ten shekels of silver.

-- 205. If the slave of anyone has smitten the privates of a free-born man, his ear shall be cut off.

(M176) -- 206. If a man has struck another in a quarrel, and caused him a permanent injury, that man shall swear, "I struck him without malice," and shall pay the doctor.

-- 207. If he has died of his blows, [the man] shall swear [similarly], and pay one-half a mina of silver; or,

-- 208. If [the deceased] was a plebeian, he shall pay one-third of a mina of silver.

(M177) -- 209. If a man has struck a free woman with child, and has caused her to miscarry, he shall pay ten shekels for her miscarriage.

-- 210. If that woman die, his daughter shall be killed.

-- 211. If it be the daughter of a plebeian, that has miscarried through his blows, he shall pay five shekels of silver.

-- 212. If that woman die, he shall pay half a mina of silver.

-- 213. If he has struck a man's maid and caused her to miscarry, he shall pay two shekels of silver.

-- 214. If that woman die, he shall pay one-third of a mina of silver.

(M178) -- 215. If a surgeon has operated with the bronze lancet on a patrician for a serious injury, and has cured him, or has removed with a bronze lancet a cataract for a patrician, and has cured his eye, he shall take ten shekels of silver.

-- 216. If it be plebeian, he shall take five shekels of silver.

-- 217. If it be a man's slave, the owner of the slave shall give two shekels of silver to the surgeon.

(M179) -- 218. If a surgeon has operated with the bronze lancet on a patrician for a serious injury, and has caused his death, or has removed a cataract for a patrician, with the bronze lancet, and has made him lose his eye, his hands shall be cut off.

-- 219. If the surgeon has treated a serious injury of a plebeian's slave, with the bronze lancet, and has caused his death, he shall render slave for slave.

-- 220. If he has removed a cataract with the bronze lancet, and made the slave lose his eye, he shall pay half his value.

(M180) -- 221. If a surgeon has cured the limb of a patrician, or has doctored a diseased bowel, the patient shall pay five shekels of silver to the surgeon.