"The Code Of Hammurabi" - читать интересную книгу автора (Johns Rev Claude Hermann Walter)

her children, if any; otherwise returning to her family, when the
husband could deduct the bride-price if it had not been given to
her, or return it, if it had. The marriage ceremony included joining
of hands and the utterance of some formula of acceptance on the part
of the bridegroom, as "I am the son of nobles, silver and gold shall
fill thy lap, thou shalt be my wife, I will be thy husband. Like the
fruit of a garden I will give thee offspring." It must be performed by
a freeman.
The marriage contract, without which the Code ruled that the woman
was no wife, usually stated the consequences to which each party was
liable for repudiating the other. These by no means necessarily
agree with the Code. Many conditions might be inserted: as that the
wife should act as maidservant to her mother-in-law, or to a first
wife. The married couple formed a unit as to external
responsibility, especially for debt. The man was responsible for debts
contracted by his wife, even before her marriage, as well as for his
own; but he could use her as a mancipium. Hence the Code allowed a
proviso to be inserted in the marriage contract, that the wife
should not be seized for her husband's prenuptial debts; but enacted
that then he was not responsible for her prenuptial debts, and, in any
case, that both together were responsible for all debts contracted
after marriage. A man might make his wife a settlement by deed of
gift, which gave her a life interest in part of his property, and he
might reserve to her the right to bequeath it to a favourite child,
but she could in no case leave it to her family. Although married
she always remained a member of her father's house--she is rarely
named wife of A, usually daughter of B, or mother of C.
Divorce was optional with the man, but he had to restore the dowry
and, if the wife had borne him children, she had the custody of
them. He had then to assign her the income of field, or garden, as
well as goods, to maintain herself and children until they grew up.
She then shared equally with them in the allowance (and apparently
in his estate at his death) and was free to marry again. If she had no
children, he returned her the dowry and paid her a sum equivalent to
the bride-price, or a mina of silver, if there had been none. The
latter is the forfeit usually named in the contract for his
repudiation of her.
If she had been a bad wife, the Code allowed him to send her away,
while he kept the children and her dowry; or he could degrade her to
the position of a slave in his own house, where she would have food
and clothing. She might bring an action against him for cruelty and
neglect and, if she proved her case, obtain a judicial separation,
taking with her her dowry. No other punishment fell on the man. If she
did not prove her case, but proved to be a bad wife, she was
drowned. If she were left without maintenance during her husband's
involuntary absence, she could cohabit with another man, but must
return to her husband if he came back, the children of the second
union remaining with their own father. If she had maintenance, a
breach of the marriage tie was adultery. Wilful desertion by, or exile
of, the husband dissolved the marriage, and if he came back he had