キュルテペ文書中の結婚契約から見た女性の地位と結婚形態

書誌事項

タイトル別名
  • Status of Women and Marriage Instituton of the Old Assyrian Society
  • キュルテペ モンジョチュウ ノ ケッコン ケイヤク カラ ミタ ジョセイ ノ

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抄録

This article deals with marriage contracts of Old Assyrian merchants and focusses on form analysis. Its contents can be summarized as follows:<br>1. In his recent discussion of the Old Babylonian marriage, R. Westbrook has suggested that a marriage contract was in fact of “bethrothal contract”. The study of some Old Assyrian marriage contracts in combination with data in some letters and records shows that a similar interpretation is also helpful for the Old Assyrian period. Marriage procedures under the contract by which Old Assyrian traders took a woman as aššatum, “(first and main) wife”, can be distinguished in three stages: betrothal in childhood, engagement, and marriage. The woman in question was called aššatum as each stage.<br>2. It is a well established fact that the community of Old Assyrian merchants also knew a “polygamous” marriage institution. It knew a formal marriage, sealed by a contract, with a woman designated as amtum who, however, was not a slave-girl owned by her husband or somebody else, as was the case in some Old Babylonian “polygamous” marriage contracts (cf. CH §146). Such amtum wives had a spacial legal status.<br>3. The recently published marriage contract kt t/k 55=AKT 1 no. 77 which was indeed a contract of engagement since the final payment of šimu “prices” has not been done and “the face (of the bride) is (still) unveiled”, acquaints us with still another type of marriage. The bride most probably was a qadištum, whose contractual status seems to have belonged to some different category from that of an aššatum and an amtum. This contract reveals that the custom of “veiling” a woman in order to fix her status, known from the Middle Assyrian Laws, was already known in the old Assyrian period. The text also acquaints us with the possibility of a marriage with a woman designated as ša'itum, “(travel) companion”, who seems to have enjoyed a status of ‘lover’ different from that of the aššatum, the amtum and the qadištum.

収録刊行物

  • オリエント

    オリエント 37 (1), 52-70, 1994

    一般社団法人 日本オリエント学会

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