エマル文書に見える財産相続権の剥奪:その象徴的行為表現について
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概要
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In the texts from Emar (and Ekalte), the following four expressions are found as symbolic acts performed on occasions of disinheritance: I. "to put one's own garment on a stool and to go to where he/she likes"; II. "to slap one's cheek" (subj.: mother); III. "to make one raise his/her hand from X (= to make one raise his/her hand from X)"; IV. "to break one's staff." In wills and other legal documents concerning the inheritance of property, I and II are prescribed as punishments against mainly a son who does not care for his parent(s) (I and II) or against a widow who follows (i.e., remarries) a stranger (I). IV, and possibly III as well, are attested as disinheriting acts actually performed. Note that whereas I and II are well known in other Akkadian texts, III and IV are characteristic of the Emar texts. As for III, the causative expression with elû Š is quite rare in Akkadian, although its archetype with elû G is common. IV is particularly noteworthy, since it is attested in the above context for the first time in these Emar texts. Here, breaking a "staff" represents annulment of the status of "son." This symbolism probably represents the irreversibility of the decision on the analogy of the impossibility of mending the broken staff and probably also is based on the image of a son as the one who takes the hand (5) of his parent(s) to lead (cf., e.g., Isa 51: 18; Tob 5: 18). Finally, the enigmatic text of Emar VI 256: 5f., where we have no choice but to take the numeral "2" in the meaning of "second" or "twice, again," becomes intelligible in the light of CH §169, which deals with disinheritance.
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