If by his own act he divorced his wife, he not only lost all benefit from her property, but he was obliged to make her an allowance or to pay her an indemnity;* at his death, the widow succeeded to these, without prejudice to what she was entitled to by her marriage contract or the will of the deceased. The woman with a dowry, therefore, became more or less emancipated by virtue of her money. As her departure deprived the household of as much as, and sometimes more than, she had brought into it, every care was taken that she should have no cause to retire from it, and that no pretext should be given to her parents for her recall to her old home; her wealth thus obtained for her the consideration and fair treatment which the law had, at the outset, denied to her.
* The restitution of the dowry after divorce is ascertained, as far as later times are concerned, from documents similar to that published by Kohler-Peiser, in which we see the second husband of a divorced wife claiming the dowry from the first husband. The indemnity was fixed beforehand at six silver minæ, in the marriage contract published by Oppert.
When, however, the wife was poor, she had to bear without complaint the whole burden of her inferior position. Her parents had no other resource than to ask the highest possible price for her, according to the rank in which they lived, or in virtue of the personal qualities she was supposed to possess, and this amount, paid into their hands when they delivered her over to the husband, formed, if not an actual dowry for her, at least a provision for her in case of repudiation or widowhood: she was not, however, any less the slave of her husband--a privileged slave, it is true, and one whom he could not sell like his other slaves,* but of whom he could easily rid himself when her first youth was passed, or when she ceased to please him.
* It appears, however, in certain cases not clearly specified, that the husband could sell his wife, if she were a shrew, as a slave.
** This form of marriage, which was of frequent occurrence in ancient times, fell into disuse among the upper classes, at least of Babylonian society. A few examples, however, are found in late times. It continued in use among the lower classes, and Herodotus affirms that in his time marriage markets were held regularly, as in our own time fairs are held for hiring male and female servants.
