Nuzi Tablets

Archaeologists have discovered dozens of adoption tablets at Nuzi, a city-state that flourished during the 15th and 14th centuries bc. In this society it was customary for a man who had no children to adopt someone to carry on his name and inherit his property. Speiser notes that the Nuzi documents deal with both real adoption, in which there is “an actual transference of parental authority,” and nominal adoption, in which “adoption is used to further other purposes” (Speiser, “New Kirkuk Documents,” 7). Adoption was performed for various reasons in addition to childlessness. The adoptee, the majority of whom were males (Frymer-Kensky, “Patriarchal Family Relationships,” 211), did not need to be an orphan or a child; often he was a member of the adopter’s family (such as a nephew or cousin) or a member of the household. Through adoption, this individual would become son and heir in return for taking care of his adopted parents in their old age and providing for them in their death (Frymer-Kensky, “Patriarchal Family Relationships,” 211; Gadd, “Tablets from Kirkuk,” 126–27). This requirement explains why the adopter was sometimes willing to pay the parents for the privilege of adopting a child (Driver and Miles, Babylonian Laws, 385).

Several of the texts from Nuzi indicate the adopter already had children. For example, Nuzi tablet 2 records: “The tablet of adoption belonging to Nashwi, the son of Ar-shenni: he adopted Wullu, the son of Puhi-shenni. As long as Nashwi is alive, Wullu will provide food and clothing; when Nashwi dies, Wullu shall become the heir. If Nashwi has a son of his own, he shall divide (the estate) equally with Wullu, but the son of Nashwi shall take the gods of Nashwi. However, if Nashwi does not have a son of his own, then Wullu shall take the gods of Nashwi. Furthermore, he gave his daughter Nuhuya in marriage to Wullu, and if Wullu takes another wife he shall forfeit the lands and buildings of Nashwi. Whoever defaults shall make compensation with 1 mina of silver and 1 mina of gold” (ANET, 219–20).

The Nuzi documents also indicate that a childless couple could adopt as heir one of their servants, just as Abraham adopted his servant Eliezer as heir (Gen 15). For example, consider Nuzi tablet H 60: “[Tablet] of adoption of [E]helteshup son of P[uhiy]a; [Zi]gi son of Akuya he a[do]pted: ‘Accordingly, [a]ll my lands, my [build]ings, [an]d my earnings, my domestics, one (part) of all my property, to Zigi I have given.’ In case Ehelteshup has any sons (of his own) a double portion they shall receive, and Zigi shall be second. If Ehelteshup has no sons, then Zigi shall be the (principal) heir. And Ehelteshup, another strange [= adopted] son in addition to Zigi shall not acquire. As long as Ehelteshup is alive, Zigi shall serve him; with garments he shall provide him. Whoever among them breaks the contract shall furnish one mina of silver and one mina of gold” (Speiser, “New Kirkuk Documents,” 30). In this case, Ehel-teshup adopts Zigi as principal heir, unless he has a son of his own.

The Nuzi documents indicate that as an alternative to adoption, a childless man’s wife could produce an heir “by proxy” by giving her servant to her husband. If a couple subsequently had a son of their own, then that son automatically became chief heir in place of any servant son (compare Gen 15:4; 17:18–21). In such cases, the servant and her son should not be sent away after the birth of a true heir. Consider Nuzi tablet H 67: “Tablet of adoption belonging to [Zigi] son of Akkuya; his son Shenni[ma] as son to Shu[rihil he has given.] And Shu[rihil], as far as Shennima is concerned, all these lands, his earnings, whatever their description, one [portion] of it all to Shennima he has given. If Shurihil has a son [of his own,] firstborn [he shall be;] a double share he shall take. Shennima shall then be second and according to his allotment his inheritance share he shall take. As long as Shurihil is alive, Shennima shall serve him. When Shurihil [dies,] Shennima shall become h[eir.] Further, Gilimninu as wife to Shennima has been given. If Gilimninu bears [children,] Shennima shall not take another wife; and if Gilimninu does not bear, Gilimninu a woman of the Lullu as wife for Shennima shall take. As for [the concubine’s] offspring, Gilimninu shall [not] send [them] away. Any sons that out of the womb of Gilimninu [to She]nnima may be bor[n, all the] lands, buildings, [whatever their description,] to [these] sons are given. [In case] she does not bear [a s]on, then the daughter of Gilim[ninu of] the lands and buildings one portion shall take. As for Shurihil, another son in addition to Shennima he shall not adopt. Whoever among them breaks [the contract] shall furnish one mina of silver and one mina of gold. Moreover, Yalampa as handmaid to Gilimninu has been given, and Shatimninu for supervision has been assigned. As long as she is alive, she [Yalampa] shall serve her;] and Shatimninu […] shall not annul. If Gilimninu bears [children] and Shennima takes another wife, her ‘bundle’ she shall pick up and she shall leave. 10 witnesses. The remaining sons of Zigi with the lands and buildings of the [above] one [part of the] property shall not interfere” (Speiser, “New Kirkuk Documents,” 32).

While this document is defective in several places and must be considered as conjectural, it gives a glimpse of adoption customs as pertained to a son conceived through a servant. It further provides insight into several Old Testament narratives whereby a wife seeks to obtain children though her handmaid. For example, in Gen 16, Sarah instructs Abram to have a child with her maidservant, Hagar. Rachel similarly gives her maidservant, Bilhah, to Jacob to obtain children through her (Gen 30:3).

Only one Nuzi document contains a religious element: It specifies that when the adoptive mother dies, the adopted daughter “shall offer a libation of water for her.” This apparently refers to some funerary rite, perhaps one connected with the worship of ancestors (David, Die Adoption, 93). In this instance, a woman is the one who has adopted a girl.