History of Egypt, Chaldæa, Syria, Babylonia, and Assyria, Volume 3 (of 12) eBook

Gaston Maspero
This eBook from the Gutenberg Project consists of approximately 330 pages of information about History of Egypt, Chaldæa, Syria, Babylonia, and Assyria, Volume 3 (of 12).

History of Egypt, Chaldæa, Syria, Babylonia, and Assyria, Volume 3 (of 12) eBook

Gaston Maspero
This eBook from the Gutenberg Project consists of approximately 330 pages of information about History of Egypt, Chaldæa, Syria, Babylonia, and Assyria, Volume 3 (of 12).
into the street, where she was at the mercy of the first passer-by.  Women of noble or wealthy families found in their fortune a certain protection from the abuse of marital authority.  The property which they brought with them by their marriage contract, remained at their own disposal.* They had the entire management of it, they farmed it out, they sold it, they spent the income from it as they liked, without interference from any one:  the man enjoyed the comforts which it procured, but he could not touch it, and his hold upon it was so slight that his creditors could not lay their hands on it.

* In the documents of the New Chaldaean Empire we find instances of married women selling their property themselves, and even of their being present, seated, at the conclusion of the sale, or of their ceding to a married daughter some property in their own possession, thus renouncing the power of disposing of it, and keeping merely the income from it; we have also instances of women reclaiming valuables of gold which their husbands had given away without their authorisation, and also obtaining an indemnity for the wrong they had suffered; also of their lending money to the mother-in-law of their brother; in fine, empowered to deal with their own property in every respect like an ordinary proprietor.

If by his own act he divorced his wife, he not only lost all benefit from her property, but he was obliged to make her an allowance or to pay her an indemnity;* at his death, the widow succeeded to these, without prejudice to what she was entitled to by her marriage contract or the will of the deceased.  The woman with a dowry, therefore, became more or less emancipated by virtue of her money.  As her departure deprived the household of as much as, and sometimes more than, she had brought into it, every care was taken that she should have no cause to retire from it, and that no pretext should be given to her parents for her recall to her old home; her wealth thus obtained for her the consideration and fair treatment which the law had, at the outset, denied to her.

* The restitution of the dowry after divorce is ascertained, as far as later times are concerned, from documents similar to that published by Kohler-Peiser, in which we see the second husband of a divorced wife claiming the dowry from the first husband.  The indemnity was fixed beforehand at six silver minae, in the marriage contract published by Oppert.

When, however, the wife was poor, she had to bear without complaint the whole burden of her inferior position.  Her parents had no other resource than to ask the highest possible price for her, according to the rank in which they lived, or in virtue of the personal qualities she was supposed to possess, and this amount, paid into their hands when they delivered her over to the husband, formed, if not an actual dowry for her, at least a provision for her in case of repudiation or widowhood:  she was not, however, any less the slave of her husband—­a privileged slave, it is true, and one whom he could not sell like his other slaves,* but of whom he could easily rid himself when her first youth was passed, or when she ceased to please him.**

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History of Egypt, Chaldæa, Syria, Babylonia, and Assyria, Volume 3 (of 12) from Project Gutenberg. Public domain.