ylon in the time of
Hammurabi (_i.e._ probably between 2250 B.C. and 1950 B.C.) is proved
by the marriage code of this ruler, which in certain of its
regulations affords a marked contrast with the Egyptian marriage
contracts, always so favourable to the wife. Marriage, instead of an
agreement made between the wife and the husband, was now arranged
between the parents of the woman and the bridegroom and without
reference to her wishes. The terms of the marriage were a modified
form of purchase, very similar to the exchange of gifts common among
primitive peoples. It appears from the code that a sum of money or
present was given by the bridegroom to the woman's father as well as
to the bride herself, but this payment was not universal; and, on the
other side of the account, the father made over to his daughter on her
marriage a dowry, which remained her own property in so far that it
was returned to her in the case of divorce or on the death of her
husband, and that it passed to her children and, failing them, to her
father.[246]

Polygamy, though permitted, was definitely restricted by the code.
Thus a man might marry a second wife if "a sickness has seized" his
first wife, but the first wife was not to be put away. This is the
only case in which two equal wives are recognised by the code. But it
was also possible--as the contracts prove--for a man to take one or
more secondary wives or concubines, who were subordinate to the chief
wife. In some cases this appears to have been done to enable the first
wife to adopt the children of the concubine "as her children."[247]

It is worth while to note the exact conditions of divorce in the
reference to women as given in the clauses of Hammurabi's code--

"137. If a man has set his face to put away his concubine, who
has granted him children, to that woman he shall return his
marriage portion, and shall give her the _usufruct_ of field,
garden, and goods, and shall bring up her children. From the
time that her children are grown up, from whatever is given to
her children, they shall give her a share like that of one son,
and she shall marry the husband of her choice."

"138. If a man shall put away his bride, who has not borne him
children, he shall give her money as much as her bride-price."

"139. If there was no bride-price he shall give her one mina of
silver."

"140. If he is a poor man he shall give one third of a mina