The Old Testament In the Light of The Historical Records and Legends Part 46

164. If his father-in-law has not returned to him the dower, he shall deduct from her marriage-gift all her dower, and return (the balance of) her marriage-gift to her father's house.

165. If a man has presented to his son, who is foremost in his eyes, a field, a plantation, and a house, (and) has written for him a tablet, (and) afterwards the father has gone to (his) fate, when the brothers share together, he shall take the gift which the father gave him, and they shall share equally in the property of the house of the father besides.

166. If a man has taken wives for the sons which he has had, (and) has not taken a wife for his youngest son, (and) afterwards the father has gone to (his) fate, when the brothers share together, they shall set aside the money of a dower for their youngest brother, who has not taken a wife, from the property of the father's house, besides his (lawful) share, and shall cause him to take a wife.

167. If a man has married a wife, and she has borne him sons, (and) that woman has gone to (her) fate, (and) after her he has married another woman, and she has brought forth sons, (and) afterwards the father has gone to (his) fate, the sons shall not share according to the mothers.

They shall take the marriage-gifts of their mothers, and the property of the father's house they shall share equally.

168. If a man set his face to discard his son, he shall say to the judge: "I discard my son;" the judge shall inquire into his reasons. If the son has not committed a grave fault which cuts him off from sonhood, the father shall not cut off his son from sonhood.(220)

169. If he has committed against his father a grave fault which cuts him off from sonhood, the first time (the father) shall refrain. If he has committed a grave fault a second time, the father shall cut his son off from the sonhood.

170. If a man's wife has borne him children, and his maid-servant has borne him children, (and) the father in his lifetime say to the children whom the maid-servant has borne to him: "My children," he has reckoned them with the children of the wife. After the father has gone to (his) fate, the children of the wife and the children of the maid-servant shall share in the property of the father's house equally; the son (who is) the child of the wife shall choose and take at the sharing.

171. And if the father, during his lifetime, has not said to the children whom the maid-servant has borne to him: "My children," after the father has gone to (his) fate, the children of the maid-servant shall not share in the property of the father's house with the children of the wife. (If) he has set free the maid-servant and her children, the children of the wife shall not claim the children of the maid-servant for service. The wife shall take her marriage-gift and the dowry which her husband gave her (and) recorded upon a tablet, and she shall sit in the seat of her husband; as long as she lives, she shall enjoy (them)-she shall not sell them for money-they belong to her children after her.

172. If her husband has not given her a dowry, they shall make up to her her marriage-gift, and she shall take, from the property of her husband's house, a share like (that of) one son. If her sons afflict her, to send her forth from the house, the judge shall inquire into her reasons, and (if) he set the fault upon the children, that woman shall not go forth from her husband's house. If that woman set her face to go forth, she shall leave to her children the dowry which her husband gave her. She shall take the marriage-gift of her father's house, and the husband of her choice shall marry her.

173. If that woman, in the place where she has entered, has borne to her second husband children, after that woman has died, the former and latter children shall share her marriage-gift.

174. If she has not borne children to her second husband, then the children of her (first) spouse shall take her marriage-gift.

175. If a slave of the palace or the slave of a poor man has married the daughter of a (free) man, and has borne children, the owner of the slave shall not make a claim upon the children of a (free) man's daughter for servitude.

176a. And if a slave of the palace or a slave of a poor man has married a (free) man's daughter, and when he has married her, she has entered the house of the slave of the palace or the slave of the poor man with a wedding-gift from the house of her father, and after they have been established, they have built a house and have property, (if) afterwards the slave of the palace or the slave of the poor man has gone to (his) fate, the daughter of the (free) man shall take her marriage-gift, and they shall divide the property, which her husband and she had after they were established, into two parts, and the owner of the slave shall take half, (and) the daughter of the (free) man shall take half for her children.

176b. If the daughter of the (free) man had no marriage-gift, the property which her husband and she possessed after they were established they shall divide into two parts, and the master of the slave shall take half, the daughter of the (free) man shall take half for her children.

177. If a widow whose children are young set her face to enter another house,(221) she shall not enter without the judge. When she enters another house, the judge shall inquire concerning what remains of her first husband's house, and they shall entrust the first husband's house to the second husband and to that woman, and shall cause them to deliver a tablet. They shall keep that house and bring up the young (children). They shall not sell (any) utensil for silver. The buyer who buys a utensil of the children of a widow shall forfeit his money; the property shall return to its owner.

178. If a devotee, or a public woman, to whom her father has presented a gift, (and) has written for her a tablet, (and) on the tablet which he has written for her has not written for her (concerning) the giving of what she should leave to whomsoever she pleased, and has not let her follow the desire of her heart, after the father has gone to (his) fate, her brothers shall take her field and her plantation, and according to the amount of her share shall give to her food, oil, and clothing, and shall satisfy her heart. If her brothers have not given her food, oil, and clothing according to the amount of her share, and have not satisfied her heart, she may give her field and plantation to the farmer who may seem good to her, and her farmer shall support her. Field, plantation, and property, which her father gave her, she shall enjoy as long as she lives-she shall not give (them) for silver, nor shall she be answerable (to) another (therewith)-her share as daughter belongs to her brothers.(222)

179. If a devotee or a public woman, to whom her father has presented a gift, (and) has written for her a sealed tablet, (and) on the tablet which he has written for her has written for her (concerning) the giving of what she should leave to whomsoever she pleased, and has let her follow the desire of her heart, after the father has gone to (his) fate, she shall give what she leaves to whomsoever she pleases-her brothers have no claim upon her.

180. If a father has not presented a gift(223) to his daughter, who is a recluse or a public woman, after the father has gone to (his) fate, she shall take a share in the property of the father's house like a son, and enjoy (it) as long as she lives. What she leaves belongs to her brothers.

181. If a father has brought to a G.o.d a hierodule or a virgin, and has not presented to her a gift,(224) after the father has gone to (his) fate, she shall share in the property of the father's house a third (as) her inheritance, and she shall enjoy (it) as long as she lives. What she leaves belongs to her brothers.

182. If a father has not presented a gift to his daughter, priestess of Merodach of Babylon, (and) has not written for her a sealed tablet, after the father has gone to (his) fate, she shall share, with her brothers, in the property of the father's house a third part (as) her inheritance, and she shall not carry on its administration. The priestess of Merodach may give what she leaves to whomsoever she pleases.

183. If a father has presented a marriage-gift to his concubine-daughter, given her to a husband, (and) written for her a sealed tablet, after the father has gone to (his) fate, she shall not share in the property of the father's house.(225)

184. If a man has not presented to his concubine-daughter a marriage-gift, (and) has not given her to a husband, after the father has gone to (his) fate, her brothers shall give her a wedding-gift according to the amount (of the property) of the father's house, and shall give her to a husband.

185. If a man has adopted(226) a child by its name,(227) and has brought it up, that foster-child cannot be claimed back.

186. If a man has adopted a child, and when he had adopted him, he rebelled against his (foster-)father and his (foster-)mother, that foster-child shall return to his father's house.

187. The son of a favourite attending the palace, and the son of a public woman, cannot be claimed back.(228)

188. If an artizan(229) has taken a child to bring up,(230) and has taught him his handicraft, he cannot be claimed back.

189. If he has not taught him his handicraft, that foster-child(231) may return to his father's house.

190. If a man has not reckoned with his sons a young child which he has adopted and brought up, that foster-child may return to the house of his father.

191. If a man who has adopted a child and brought him up, has built a dwelling, (and) after he has children (of his own) set his face to cut off the foster-child, that child shall not go his way. His foster-father shall give him one-third of his property as his inheritance and (then) he shall go. He shall give him nothing of the field, plantation, and house.

192. If the son of a favourite or the son of a public woman say to his foster-father and his foster-mother, "Thou art not my father, thou art not my mother," they shall cut out his tongue.(232)

193. If the child of a favourite or the child of a public woman come to know his father's house, and despise his foster-father and his foster-mother, and go to his father's house, they shall tear out his eyes.(233)

194. If a man has given his child to a nurse, and that child has died in the hands of the nurse, and the nurse, without [his] father and his mother, rear another child, they shall summon her, and as she has rear[ed]

another child without [his] father and mother, they shall cut off her b.r.e.a.s.t.s.

195. If a son smite his father, they shall cut off his hands.

196. If a man has destroyed the eye of the son of a man, they shall destroy his eye.

197. If he has broken the limb of a man, they shall break his limb.

198. If he has destroyed the eye of a poor man, or broken the limb of a poor man, he shall pay one mana of silver.

199. If he has destroyed the eye of a man's slave, or broken the limb of a man's slave, he shall pay half his value.(234)

200. If a man has knocked out the teeth of a man of his rank, they shall knock out his teeth.

201. If he has knocked out the teeth of a poor man, he shall pay one-third of a mana of silver.

202. If a man has struck the head(235) of a man who is greater than he, he shall be struck in the a.s.sembly sixty times with an ox-hide whip.

203. If the son of a man(236) has struck the head of the son of a man who is like himself, he shall pay one mana of silver.

204. If a poor man has struck the head of a poor man, he shall pay ten shekels of silver.

205. If the slave of a man has struck the head of the son of a man, they shall cut off his ear.

206. If a man has struck a man in a quarrel, and do him hurt, that man shall swear: "I did not strike him knowingly," and he shall be responsible for the physician.

207. If he die of his blows, he shall swear (the same). If (it was) the son of a man, he shall pay one-half a mana of silver.

208. If it was the son of a poor man, he shall pay one-third of a mana of silver.

209. If a man has struck the daughter of a man, and caused what was within her to fall from her, he shall pay ten shekels of silver for what was within her.

210. If that woman die, they shall kill his daughter.

211. If by blows he has made what was within the daughter of a poor man to fall from her, he shall pay five shekels of silver.