The sun. [volume] (New York [N.Y.]) 1833-1916, 1900-09-16
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The matrimonial law Of he carry Babylon
ians bears witness 10 Q great antiquity. BABY
lonIan marriage retained the custom OF pur-
chase: the bridegroom paid 10 the father Of
the bride a sum or money agreed upon by the
parties. This sum was regarded as the pur-
chase money Of a woman, and not an an endow-
ment Of tho bride, The daughter. as was
the case with the son. stood In Old Babylonia
as In Rome. under the pdtsia potsstas. and was
sold TO the bridegroom In the Same way that a
son might be sold. In spite Of the barbarian
OF this conception. the position Of the young
wife was not that Of a slave She went TO her
husband with a considerable dowry provided
by her father and retained possession OF Il.
Often tho contracts Of marriage made pro-
vision for a separation by divorce. and for
the amount Of quit-noney to be paid to the d.
vorced woman. Such Is the case in a contract
cited IN the book before us. In another oon-
tract, tho husband binds himself 20 provide
for a wife who Is the sister OF his first wife still
living. II Is a case Of ~polysamy which. though
unusual, was entirely lawful Tho relations
Of the two wives are carefully regulated. as
also those In which they are TO stand TO their
common husband In the matter Of divorce.
In the case Of the man. a. generally in Semitic
law, the opportunity for divorce was theo-
TeuCdlly unuInltSu n pruCucdl lInlI now
ever. was set by the law that the husband had
to provide his wife with liberal quit-money.
usually fully as much as had been paid TO the
wife's father on the marriage When . d.
voroe had been performed the woman wac Il
liberty to marry another: as TO the possibility
OF a dissolution OF the marriage bond on the
part OF the wife there 10 no little uncertainty.
owing 30 the din Guilty Of translsting passages
seeming 70 denounce the severest penalties
upon the wife who uses the formula, Thou
art not my husband According TO some In
corporations, the wife was 70 be stransled or
drowned. During the marriage the position
OF the wife was that Of subsection to her hus-
band. In matters OF property. however. she
was independent, and could transact business
Independently. 30 far as her own property was
concerned. In the later laws she appears as
security for her husband. and even a. his cred
itor. Indeed. there seems 20 have been no limit
to the civil capacity OF the married woman
in New Babylonia. In relation TO her children
her position was one Of dignity and authority.
and a son disobedient 20 his mother was pun
ished with great severity.
In adoption. which was by no means
rare. the person adopted ceased TO belong
70 his natural family and became q member
OF the new family. He was, therefore,
required TO renounoe his natural father;
and his natural father renounced him on
receiving a sum Of money for the loss OF
his services. The mutual Pronunciation
having been effected. the son was no longer
an heir 10 the property Of bis natural father.
On the other hand. he became bound TO
his adopted father by the same law as IL
he were a natural son. and became entitled
20 the same privileges. The economic
object Of adoption was the necessity Of
increasing the household. The services
OF a son belonged TO the father; he could
be hired out and his wages would be paid
to the father. Children were therefore
sdopted when quite young; as they grew
elder. taU swGe tuShsia t~sdA-~.Ths Cd