man or his parents to pay a sum of money to the girl's father. In Babylonia this "bride-money," together with the gift of the father and other gifts, formed the marriage-portion which was given to the bride. There were prudential reasons for this practice. It gave the woman protection against ill-treatment and infidelity on the part of the husband, as well as against divorce; for if she returned to her father's house she took with her the marriage-portion unless she was the offending party. If she died childless, the marriage-portion was divided among them.
In case the girl's father rejected the suitor after the contract had been made, he was required to return double the amount of the bride price. The betrothals took place usually when the parties were young, and as a rule the engagements were made by the parents. A marriage contract was necessary to make a marriage legal. In some cases peculiar conditions were made, such as the bride's being required to wait upon the mother-in-law, or even upon another wife. If it was stipulated that the man should not take a second wife, the woman could secure a divorce in case her husband broke the agreement.
Concubinage was indulged in, especially when the wife was childless and she had not given her husband a slave maid that he might have children. The law fully determined the status of the concubine and protected her rights.
At the husbands death the wife received her marriage-portion and what was deeded to her during the husbands life. If he had not given her a portion of the estate during his life, she received a son's share and was permitted to retain her home, but she could marry again. A widow with young children could only marry with the consent of the judge. An inventory of the former husband's property was made and it was intrusted to the couple for the dead party's children.
If a man divorced a woman, which he could do by saying to her "Thou art not my wife!" she received her marriage-portion and went back to her father's home. In case there was no dowry, she received one mina of silver, if the man belonged to the gentry; but only one-third of a mina if he was a commoner.
For infidelity the woman could divorce her husband and take the marriage-portion with her. In case of a woman's infidelity, the husband could degrade her as a slave; he even could have her drowned or put to death with the sword. In case of disease, the man could take a second wife, but was compelled to maintain his invalid wife in his home. If she preferred to return to her father's house, she could take the marriage-portion with her.
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