To secure divine favor
In Assyrian times we have an example[576] of a dedication of a son to Ninip, by his mother, with consent of her brothers and their sons. A father also dedicates his son to Ninip[577] for the well-being of Ashurbânipal, King of Assyria. This is interesting as showing that the dedicator acquired merit, which he could transfer to another. Both tablets are defective. In another case, Aḫi-dalli, the lady governor of one quarter of Nineveh, purchases a large estate and presents it to some god “for the health of the king.”[578] Votive tablets giving the presentation of various articles to some god are common enough at all periods.
Testaments or bequests
Testamentary devolution of property was not the rule in Assyria or Babylonia, where the law of inheritance was so firmly fixed that it would be naturally illegal. As a rule, children did not inherit under their fathers' will, but by right. However, the Code allows a father to give his married [pg 225] or vowed daughter power to leave her property as she will,[579] and it is probable that he had the same power over at least some of his property. The very frequent cases of adoption, where the adopted child becomes heir, on condition of supporting the parent as long as he lives, and the cases of gift retento usufructu, are a sort of testamentary disposition of property.
This developed with time into something very like testament. But we always have to bear in mind that conditions may have been understood which are not actually expressed.
Later Babylonian examples
Some examples from later Babylonian times will serve to illustrate how near these transactions came to testament. A very interesting case is where a son, probably childless, if not unmarried, and perhaps not in good health, gives his father his property. The document is very involved, but the chief points are these: A married B and they had a daughter C, who married D. The son of C and D is the testator. He leaves to his father D all the property which he inherited from A and B, which they had left to their daughter's son. It consisted of a house, fields, and slaves. He leaves it to his father “forever,” only he is to retain the enjoyment of it as long as he lives. He therefore expects his father to survive him.[580]
Here is another interesting example:[581]
The division which A made with his sons B and C. The benefice of dagger-bearer (official slaughterer) in the Ishḫara temple he assigns to B. The benefice of the shrine of Papsukal in the temple of Bêlit-shami-erṣiti, situated on the bank of the canal, and the sown corn-field on the Dubanîtu canal he gave to his younger son C. All his property out in business he assigned to his mother and his two sisters. Certain dates in the possession of two of his debtors he gave to his two sisters. A fugitive slave, not yet recovered, to his mother and sisters. The house, which by a former deed he had [pg 226] given to his mother and sisters, shall be theirs according to the former deed. As long as his mother lives, she shall enjoy the property formerly assigned her. The benefice of the dagger-bearership in the temple of Ishḫara, which he had formerly assigned to his mother, she has freely intrusted to his son B. As long as she lives, B and C shall live in the house with her. The income of his mother his sons shall enjoy with her. She shall give marriage-portions to his sisters, her daughters, from her own marriage-portion.
This is very like a last will and testament. The man clearly expected to die shortly. He had married and had two sons, but seems to have lost his wife. He had evidently brought his mother and sisters to live with him. He provides for his sons, his mother, and sisters. Evidently his mother is the guardian of the boys. She is expected to leave the boys all the property that was his and to dower the sisters from her own fortune.