Grounds of divorce
Divorce was permitted on the ground of childlessness. The husband gave back to his wife all her marriage-portion. Also he had to give the bride-price which he had paid to her parents during his courtship, and which they had returned to him, as a rule, on marriage.[324] If this bride-price had not been given, then he paid her a fixed sum of money; [pg 142] one mina, if he was a patrician, a third, if he was only a plebeian.[325] A slave does not seem to have had the liberty of divorce.
Protection of the wife's rights
The wife might take a dislike to her husband and set her face to leave him and deny him conjugal rights. This was probably equivalent to desertion. Then a judicial inquiry was required. If his ill treatment or neglect was made clear and she was blameless, a divorce was granted. She took her marriage-portion and went back to her family. But as this was of her own seeking, she received no alimony.[326] It is assumed that it was an unhappy marriage from the first and that there were no children.
If it were proved that she was a bad wife, she was treated as an adulteress and drowned.[327] On the other hand, even if she were a bad wife, the husband might repudiate her simply without paying any price for divorce. In this case there was no suspicion of her infidelity. Or the husband might degrade her to the position of a slave.[328] There is no mention in these cases of a return to her father's house.
Chronic illness on the part of a wife was not a ground for divorce. The husband had to maintain her. He might, however, take a second wife.[329] If she did not care to remain in his house in such conditions, she could leave him, take her marriage-portion and return to her family.[330]
Illustrations from the contracts
We have already seen that the Code regulates the questions arising out of divorce.[331] The examples at this period are but few. In one case a man put away his wife and she received her price of divorce. It is expressly stated that she may marry another man and her former husband will not complain.[332] This document is, however, little more than an agreement to abide by the terms of the divorce.
In another case a marriage-contract names the penalty a man shall pay for divorcing his wife.[333] In all these cases the word for divorce, ezêbu, is literally “to put away.” But a man divorced his wife by the simple process of saying, “You are not my wife.” He then paid her a fine, returned her marriage-portion and so on, as laid down in the Code.[334] It was far harder for a woman to secure a divorce from her husband. She could do so, however, but only as the result of a lawsuit.[335] As a rule, the marriage-contracts mention death as her punishment, if she repudiates her husband. The death by drowning is usually named. This was in accordance with Law V. of the Sumerian Code.
We may regard repudiation of husband and wife, one by the other, and desertion as leading to divorce; and therefore these may be appropriately considered next.