Hammurabi on Women

173. If this woman bear sons to her second husband, in the place to which she went, and then die, her earlier and later sons shall divide the dowry between them.

Continuing The Code of Hammurabi.
The Code was chiseled on an oblisk by Hammurabi. The Code is presented in twelve easy 5 minute installments. For works benefiting from the latest research see the “More information” section at the bottom of these pages.

Previously in The Code of Hammurabi.

Time: 1754 BC
Place: Babylon

173. If this woman bear sons to her second husband, in the place to which she went, and then die, her earlier and later sons shall divide the dowry between them.

174. If she bear no sons to her second husband, the sons of her first husband shall have the dowry.

175. If a state slave or the slave of a freed man marry the daughter of a free man, and children are born, the master of the slave shall have no right to enslave the children of the free.

176. If, however, a state slave or the slave of a freed man marry a man’s daughter, and after he married her she bring a dowry from a father’s house, if then they both enjoy it and found a household, and accumulate means, if then the slave die, then she who was free born may take her dowry, and all that her husband and she had earned; she shall divide them into two parts, one-half the master for the slave shall take, and the other half shall the free-born woman take for her children. If the free-born woman had no gift she shall take all that her husband and she had earned and divide it into two parts; and the master of the slave shall take one-half and she shall take the other for her children.

177. If a widow, whose children are not grown, wishes to enter another house [remarry], she shall not enter it without the knowledge of the judge. If she enter another house the judge shall examine the estate of the house of her first husband. Then the house of her first husband shall be intrusted to the second husband and the woman herself as managers. And a record must be made thereof. She shall keep the house in order, bring up the children, and not sell the household utensils. He who buys the utensils of the children of a widow shall lose his money, and the goods shall return to their owners.

178. If a “devoted woman” or a prostitute [connected with the temple neither can marry] to whom her father has given a dowry and a deed therefor, but if in this deed it is not stated that she may bequeath it as she pleases, and has not explicitly stated that she has the right of disposal; if then her father die, then her brothers shall hold her field and garden, and give her corn, oil and milk according to her portion, and satisfy her. If her brothers do not give her corn, oil and milk according to her share, then her field and garden shall be given to a farmer whom she chooses and the farmer shall support her. She shall have the usufruct of field and garden and all that her father gave her so long as she lives, but she cannot sell or assign it to others. Her position of inheritance belongs to her brothers.

179. If a “sister of a god” [whose hire went to the revenue of the temple, counterpart to the public prostitute], or a prostitute, receive a gift from her father, and a deed in which it has been explicitly stated that she may dispose of it as she pleases, and give her complete disposition thereof: if then her father die, then she may leave her property to whomsoever she pleases. Her brothers can raise no claim thereto.

180. If a father give a present to his daughter–either marriageable or a prostitute [unmarriageable]–and then die, then she is to receive a portion as a child from the paternal estate, and enjoy its usufruct so long as she lives. Her estate belongs to her brothers.

181. If a father devote a temple-maid or temple-virgin to God and give her no present: if then the father die, she shall receive the third of a child’s portion from the inheritance of her father’s house, and enjoy its usufruct so long as she lives. Her estate belongs to her brothers.

182. If a father devote his daughter as a wife of Marduk of Babylon [as in 181], and give her no present, nor a deed; if then her father die, then shall she receive one-third of her portion as a child of her father’s house from her brothers, but she shall not have the management thereof. A wife of Marduk may leave her estate to whomsoever she wishes.

183. If a man give his daughter by a concubine a dowry, and a husband, and a deed; if then her father die, she shall receive no portion from the paternal estate.

184. If a man do not give a dowry to his daughter by a concubine, and no husband; if then her father die then her brother shall give her a dowry according to her father’s wealth and secure a husband for her.

185. If a man adopt a child and to his name as son, and rear him, this grown son cannot be demanded back again.

186. If a man adopt a son, and if after he has taken him he injure his foster father and mother, then this adopted son shall return to his father’s house.

187. The son of a paramour in the palace service, or of a prostitute, cannot be demanded back.

188. If an artisan has undertaken to rear a child and teaches him his craft, he cannot be demanded back.

189. If he has not taught him his craft, this adopted son may return to his father’s house.

190. If a man does not maintain a child that he has adopted as son and reared with his other children, then his adopted son may return to his father’s house.

191. If a man, who had adopted a son and reared him, founded a household, and had children, wish to put this adopted son out, then this son shall not simply go his way. His adoptive father shall give him of his wealth one-third of a child’s portion, and then he may go. He shall not give him of the field, garden and house.

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