The maid as the wife of her master
The case was different with the maid—a slave who by her mistress's consent bore children to her master. She was still a slave and if she rivalled her mistress, or was impertinent to her, she could be put back again among the slaves; perhaps even branded. But, if she had borne children, she was not to be sold as a slave. At the death of her master she was free. Her children by him were free in any case. If her master were so minded, he might make them full sons by verbal acknowledgment. It was enough to say, “my sons.” But that he had done so probably had to [pg 136] be proved by a witness. A family unacknowledged by the father would on his death have only a mother. In such a family the mother was the obvious ruler. We must be on our guard against mistaking her position, or that of the concubine above, for examples of matriarchy. If she was pledged for debt, she could not be sold, she must be bought back.
Marriages and inheritance among slaves
That a slave usually was married to a slave-girl with his master's consent and even by his direction is quite the rule. Masters even went so far as to buy a slave-girl to be wife to a slave. There is no reason to think that the master did not respect the slave's matrimonial rights. But the slave's wife was not always owned by the slave's master. Sometimes she was owned by a different master, or was free. There was no especial disgrace attaching to becoming the wife of a slave. A free woman might not only marry a slave, but bring with her a marriage-portion, as if she had married in her own rank. The man had no ancestral property, he was “a son of no one.” Hence when he died all the property to be divided consisted of what the married couple had acquired together, and the wife's marriage-portion. To the latter she had full and unquestioned right. The master was his slave's heir. So the property which the pair had acquired during their married life was divided into two equal portions. The master took one half, the wife the other for herself and her children. The children were all free. When both father and mother were slaves, so were the children. There was no property then for the slave-children to inherit.[306]
Data from the contracts
Some further evidence from the contracts is worth noting here. Documents relating to marriage are not very common and may have owed their presence in the archives to some peculiarity in their form. Some are perhaps rather a [pg 137] memorandum that the proper formalities have been complied with. Thus[307] we read that “A has taken to wife B, the daughter of C, from C and D his wife, and has paid ten shekels as terḫatu to C, her father.” The rest is lost. If it only laid down the penalties for infidelity on either side, this was quite normal.
Fatherless girls
Whenever the mother alone appears, as giving her daughter in marriage, we may suspect that the father was dead, or the mother divorced. When the mother is a votary, we know that such a person was not entitled to have a daughter at all, and hence we are not surprised that the terḫatu offered for the girl is small, five shekels[308] or even one shekel.[309] So the penalty laid upon the man for divorcing such a wife is only ten shekels.[310] On the other hand if she was unfaithful she was to be drowned.[311]
The marriage of votaries
Very singular are the cases in which a votary marries. We know from the Code that this sometimes took place; but the votary seems to have been expected, though married, to keep her vow of virginity. In one case we read that a woman first devotes her daughter, ullilši, then marries her, and declares at the same time that she is vowed, ellit, and that no one has any claim on her.[312]