, but if not adopted, the wife's children divided and
took first choice.
Vestal virgins were not supposed to have children, yet they could and often
did marry. The Code contemplated that such a wife would give a husband a
maid as above. Free women might marry slaves and be dowered for the
marriage. The children were free, and at the slave's death the wife took
her dowry and half what she and her husband had acquired in wedlock for
self and children; the master taking the other half as his slave's heir.
A father had control over his children till their marriage. He had a right
to their labour in return for their keep. He might hire them out and
receive their wages, pledge them for debt, even sell them outright. Mothers
had the same rights in the absence of the father; even elder brothers when
both parents were dead. A father had no claim on his married children for
support, but they retained a right to inherit on his death.
The daughter was not only in her father's power to be given in marriage,
but he might dedicate her to the service of some god as a vestal or a
hierodule; or give her as a concubine. She had no choice in these matters,
which were often decided in her childhood. A grown-up daughter might wish
to become a votary, perhaps in preference to an uncongenial marriage, and
it seems that her father could not refuse her wish. In all these cases the
father might dower her. If he did not, on his death the brothers were bound
to do so, giving her a full child's share if a wife, a concubine or a
vestal, but one-third of a child's share if she were a hierodule or a
Marduk priestess. The latter had the privilege of exemption from state dues
and absolute disposal of her property. All other daughters had only a life
interest in their dowry, which reverted to their family, if childless, or
went to their children if they had any. A father might, however, execute a
deed granting a daughter power to leave her property to a favourite brother
or sister. A daughter's estate was usually managed for her by her brothers,
but if they did not satisfy her, she could appoint a steward. If she
married, her husband managed it.
The son also appears to have received his share on marriage, but did not
always then leave his father's house; he might bring his wife there. This
was usual in child marriages.
Adoption was very common, especially where the father (or mother) was
childless or had seen all his children grow up and marry awa
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