Legal Rights of Women and Vestal Virgins

by Estéban Trujillo de Gutiérrez





The freedom secured by a married woman had its legal limitations. If she became a widow, for instance, she could not remarry without the consent of a judge, to whom she was expected to show good cause for the step she proposed to take.



The wife of a soldier who had been taken prisoner by an enemy was entitled to a third part of her husband’s estate if her son was a minor, the remainder was held in trust. The husband could enter into possession of all his property again if he happened to return home.


“If,” the Code sets forth, “she is careful and is without blame, and is neglected by her husband who has deserted her,” she can claim release from the marriage contract. But if she is found to have another lover, and is guilty of neglecting her duties, she is liable to be put to death.

A married woman possessed her own property. Indeed, the value of her marriage dowry was always vested in her. When, therefore, she divorced her husband, or was divorced by him, she was entitled to have her dowry refunded and to return to her father’s house. Apparently she could claim maintenance from her father.

A woman could have only one husband, but a man could have more than one wife. He might marry a secondary wife, or concubine, because he was without offspring, but “the concubine,” the Code lays down, “shall not rank with the wife.”

Another reason for second marriage recognized by law was a wife’s state of health. In such circumstances a man could not divorce his sickly wife. He had to support her in his house as long as she lived.

[ … ]



Vestal virgins and married women were protected against the slanderer. Any man who “pointed the finger” against them unjustifiably was charged with the offense before a judge, who could sentence him to have his forehead branded.

It was not difficult, therefore, in ancient Babylonia to discover the men who made malicious and unfounded statements regarding an innocent woman. Assaults on women were punished according to the victim’s rank; even slaves were protected.

Women appear to have monopolized the drink traffic. At any rate, there is no reference to male wine sellers. A female publican had to conduct her business honestly, and was bound to accept a legal tender. If she refused corn and demanded silver, when the value of the silver by “grand weight” was below the price of corn, she was prosecuted and punished by being thrown into the water. Perhaps she was simply ducked.

