§ 181. If the father of a priestess, sacred harlot, or temple maiden gives her to a god and does not give her a dowry, after the father dies she shall receive from the goods of her father’s house a third of the portion of a son and shall enjoy it as long as she lives. After her it belongs to her brothers.
§ 182. If a father does not give a dowry to his daughter, a priestess of Marduk of Babylon, and does not write a record of gift for her; after her father dies she shall receive from the goods of her father’s house one-third of the portion of a son, and shall pay no tax. A priestess of Marduk after her death may leave it to whomsoever she pleases.
§ 183. If a father presents a dowry to his daughter who is a concubine, and gives her to a husband and writes a record of gift; after the father dies she shall not share in the goods of her father’s house.
§ 184. If a father does not present a dowry to his daughter who is a concubine and does not give her to a husband; after her father’s death her brothers shall give her a dowry according to the value of the father’s estate and shall give her to a husband.
In comparison with these Babylonian laws of inheritance those in the Old Testament are comparatively simple. We learn from Deut. 21:15-17, that a man’s firstborn son received a “double portion” of his father’s estate, i. e., twice as much as any other son. The inference is that the other sons shared equally. This law also provides that, when a man has two wives, the sons of the favorite wife shall have no advantage as to inheritance over the sons of the less loved wife. In Num. 27:8-11 it is provided that if a man has no son, his estate (i. e., real estate) may go to his daughter; if he has no daughter, it may go to his brothers; if no brothers, it goes to his father’s brothers. If his father has no brothers, the estate is to go to the next of kin. In Num. 36:2-12 the law that a daughter may inherit her father’s estate is supplemented by the provision that such a daughter must marry within the tribe, so that the landed property may not in the next generation pass out of the tribe.
Such were the Hebrew laws of inheritance. They apply to a much less complexly organized society than the Babylonian.
§§ 168, 169 of Hammurapi’s code deal with the cutting off of a son. This is paralleled in Deut. 21:18-21, though punishment inflicted by the law in Deuteronomy is quite different from the Babylonian, since the Hebrew boy, whose parents have proved him before the elders to be unworthy of sonship, was not cast out and sent away, but stoned to death. Another form of this law appears in Exod. 21:17.
Adoption
§ 185. If a man takes a young child in his name unto sonship and brings him up, one may not bring a claim for that adopted son.
§ 186. If a man takes a young child unto sonship, and when he has taken him he rebels against his [adopted] father and mother, that foster-child shall return to his father’s house.