Page:Laws of Hammurabi, King of Babylonia.djvu/21

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79
LAWS OF HAMMURABI

equal to a son's share of his property] a portion of all that her children receive as is allotted to a son. She may then likewise marry the man of her choice.

138. If a man divorces his wife [because of her barrenness], who has born him no children, he shall give back to her the sum of the present from him to her at the wedding [the money he gave her for a wedding gift] and also the dowry which she brought him from her father's house.

139. In event a man marries a woman without presenting to her a marriage portion and subsequently there is a legal separation declared, he shall give to her 1 "mine" of money.

140. If he is a freedman [emancipated slave] he is to give to her ⅓ of a "mine" of money.

141. In event a man's legal wife shall depart from him after having been guilty of extravagance, and before her departure she is brought to court by her husband and the husband solicits a divorce, which is granted, she shall be permitted to depart and the husband shall not be compelled to compensate her. In event the husband does not desire to be divorced and desires to take another wife, the one deemed guilty of extravagance shall be compelled to remain in the house of her husband as a servant.

142. In event the wife quarrels with her husband and shall produce proof sustaining her justification and she is found to be blameless, she shall [be permitted] to return to the home of her father and in addition thereto receive compensation from her husband.

143. If she is adjudged to be guilty of having dissipated [her husband's property] and neglected her husband, she shall be thrown into the water.

144. If anyone [a man] takes a wife and his wife gives her husband a servant, and the servant has children by him, and the man then declares his intention of taking a side wife [concubine], he shall not be allowed so to do. He shall have no side wife [concubine].

145. If anyone [a man] takes a wife and she does not bear him any children, and he has the intention to take a side wife [concubine], if he takes a side wife and brings her into his house she shall not stand on the same footing with his wife.

146. If a man takes a wife and this one gives her husband a maid as wife, and she [the maid] bears him children, and then this maid tries to place herself on an equality with her mistress, because she has born children, her owner is not to sell her for money, but he is to pay her in silver and reckon her among the servants.

147. If she has not born children, then her master may sell her for money.

148. If any man shall marry a woman and she becomes sick (?) and he then marries another woman, he shall not cast out the sick wife, but shall keep her in his house and support [and protect] her so long as she lives.

149. In event the wife does not desire to live in the house of her husband he shall be compelled to return to her the dowry which she has brought from her father's house and she shall be permitted to take her departure.

150. If a man shall give to his wife a field, garden, house or other property and gives her written evidence of the conveyance and shall thereafter die, in event her sons lay no claim to the property [by way of hire for