Middle Assyrian Laws

Historical source page 31

30 Morris Jastrow, Jr. contract and for two years she is retained in his house, that woman need not leave (sc. the house). 72 34 If a widow enters the house of a man, whatever she brings along 78 belongs to her husband, but if the man goes to the widow, 74 whatever he may have brought, 76 all of it belongs to her. 35 If a woman is retained in her father's house, albeit that her husband had placed a house at her disposal for shelter, 76 but her husband has gone to the field 77 without leaving her oil, wool or clothing or any produce or food or anything, and does not bring her any produce from the field, that woman for five years must be faithful to her husband, 78 and not go to live with any (other) man; whether there be children, who are hostile 7 ' (to her) and have withdrawn themselves (?), 80 that woman must be faithful to her husband, (and) not go to live with any (other man) ; or whether there be no children, she for five years must be faithful- to her husband, but on the approach 81 of the sixth year she may 7 * I. e., Living with a man for two years constitutes what we would call a common-law marriage. According to the Hammurabi Code, § 128, the formal contract is essential to constitute a woman as a legal wife, but perhaps this was not meant to apply to marriage with widows. 7 * na-sa-tu-4-ni, i. e., transfers from her home to the man's house. '* I. e., goes to live with the widow. '» na-as-su-ti-ni. The assumption in both instances is that there is no formal marriage by means of a contract. The widow is a free agent and can live with a man without becoming his possession by virtue of a contract. She can dispose of her property if she takes the man into her house and has a claim on what he brings, but if she goes to live with the man in his house, she forfeits the claim to what she had before taking this step. 76 a-na ba-at-ti, from the verbal stem batu, 'to shelter', from which we get bUu 'house'. The case is that of a woman who is separated from husband because of non-support. " I. e., has gone away. 78 pcwii mvAi-M ta-da-gal, 'the face of her husband she is to look up to' — a phrase indicating that she must be faithful to her husband. See Muss- Arnolt, Assyrian Dictionary, p. 240a. " in-^ia-ku-H-ru from nak&ru, 'to be hostile'. ">e-ik-ku-lu from kalu 'hold back', i. e., do not support her. •* i-no ka-ba-a-si, 'at the threshold,' from kabasu, 'to tread'.