Page:Laws of Hammurabi, King of Babylonia.djvu/24

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82
RECORDS OF THE PAST

thereupon she dies, her dowry shall be divided between the children of her first and second husbands [per capita].

174. If she does not bear sons to her second husband the sons of her first husband shall receive her entire dowry.

175. When a slave of the state or the slave of a freedman marries the daughter of a freedman and issue is born of such marriage, the owner of said slave shall not be permitted to reduce to slavery the children of such marriage. If he should so do they shall be deemed to be free children.

176. If a state slave or the slave of a freedman marries anyone's daughter, and after he has married her and she has moved into that one's house, taking with her the dowry of her father's house, they both have settled down and founded a household of their own, have acquired wealth, and thereupon that slave dies, then this freeborn woman shall take her dowry and all that which she and her husband have acquired since their settling down; she shall divide it into two parts and the owner of the slave shall take ½ and the freeborn woman shall take the other ½ for her children. If the freeborn woman did not have a dowry, she shall divide everything into two parts which her husband shall have acquired since their settling down, and the owner shall take ½ and the freeborn woman shall take the other ½ for her children.

177. Any widow, who shall desire to enter into a marriage contract having ungrown children, shall not be permitted to enter into the marriage relation with another person without first gaining permission from the court. If she marries, the value of the estate of her former husband shall be determined by the court and it shall then be given into the custody of the widow and the second husband. The property shall be kept in good order, the children maintained and no disposition [by sale] of the estate shall be made. Anyone purchasing such property shall forfeit the purchase price and the property shall be returned to its owner.

178. If the father of a consecrated one [a virgin of the temple] or a public girl [prostitute for hire regulated by city] has given her a dowry and a certificate thereunto, which certificate contains no provision for the disposition of the property and fails to give her a right to dispose thereof as she may desire, dies, her brothers are to receive her field and garden, according to the size of her share, and are to give her grain, oil and milk and place her in peace [provide for her safe-keeping]. If her brothers do not give her grain, oil and milk, according to her share, and do not place her in peace, her field and garden are to be given over to a farmer whom she approves, and the farmer shall provide for her. She shall have the field, garden and everything which she has inherited from her father so long as she lives, but she shall not sell it or dispose of it to another one. Her child's portion [heritage] belongs to her brothers. [Life interest with remainder to brothers.]

179. If the father of a consecrated one or a public girl has given her a dowry and has given her a certificate thereof, and has specified therein that she may dispose of her dowry to whom she pleases, giving to her full power of disposition thereof, and the father then dies, she may thereupon dispose of her heritage to whom it pleases her to so do. Her brothers may interpose no objection.

180. If a father gives to his daughter—marriageable or public girl—and then dies, she is to receive a child's protection of the paternal estate, and as long as she lives is to have the use thereof. What she leaves