The Practice of Paying Dowry in Ancient Babylon, Ancient Egypt, the Bible. and within the Afric(Keny)an Context

In Ancient Babylon

(a) Law of Ur-Nammu (2112-2095 B.C)

–#12
If a prospective son-in-law entered the house of his prospective father-in-law, but his father-in-law later gave his daughter to another man, he (the father-in-law) shall return to him two-fold the amount of bridal presents he had brought

(b) Law of Eshnunna (2000 B.C)

–#17
Should the son of a man bring bride-money to the house of the his father-in-law–if one of the two deceases, the money shall revert to its owner

(c) Code of Hammurabi (1728-1686 B.C)

–# 137
If a seignior has made up his mind to divorce a lay priestess, who bore him
children, or a hierodule who provided him with chiildren, they shall return
her dowry to that woman and also give her half of the field, orchard and goods that she may rear her children…
–#138
If a seignoir wishes to divorce his wife who did not bear him children, he shall five her money to the full amount of her marriage-price and he shall also make good to her the dowry which she brought from her father’s house and then he may divorce her
–#159
If a seignior. who had the betrothal-gift brought to the house of his prospective father-in-law and paid the marriage-price, has then fallen in love with another woman and has said to his prospective father-in-law, “I will not marry your daughter,” the father of the daughter shall keep whatever was brought to him
–#162
If, when a seignior acquired a wife, she bore him children and that woman has then gone to her fate, her father may not lay claim to her dowry, since her dowry belongs to her children

In Ancient Egypt

A Marriage Contract of a former slave as revealed in Aramaic Papyrus 15 from Elephantine (dated 441 B.C.)

–Date of the Contract

In Tishri, which is the 6th day of the month of Epiph of Artaxerxes the King

–Identification of Contracting Parties

Askor, son of TSHR, builder of the king said to Makhsir the Aramean of Syene of the detachment of Warizath, saying “I have come to your house to take to myself your daughter (Mipthtahiah) for wifehood (or as a wife)

–Formal agreement of marriage and payment of dowry and possession brought in by the bride

She is my wife and I am her husband from this day and for ever, I give to you the bride-price of your daughter Miphtahiah , the sum of 5 shekels , royal weight. It has been received by you and your heart is content therewith. I have caused to come up to bring to your daughter Miphtahiah into her hand of the cost of furniture 1 karash 2 shekels of royal weight of the standard of 2R to 10. I have delivered to her into her hand 1 woolen robe, new, striped dyed on both sides, (whose) length was 8 cubits by 5, worth the sum of 2 kerashin 8 shekels royal weight; 1 closely-woven (shawl) new, (whose) length was 8 cubits by 5 ,worththe sum of 8 shekels of royal weight; another woolen robe, finely woven (whose) length was 6 cubits by 4, worth the sum of 7 shekels; 1 mirror of bronze, worth
the sum of shekel 2R; 1 tray of bronze, worth the sum of 1 shekel 2R; 2 cups of bronze worth the sum of 2 shekels; 1 bowl of bronze, worth the sum of 2R; total money and value of goods being the sum of 6 kerashin 5 shekels 20 halurin (=half shekel) of the standard of 2 R to 10, royal weight I have received, and my heart is content therewith, 1 couch of reeds with 4 supports(?) of stone; 1 pk of slk; 2 ladles, holding (?) 8 h; 1 ms’n knife (?); 1 cosmetic box of ivory, new. …

–Witnesses to contract

Nathan b. Ananiah wrote this deed (or contract) at the direction (literally “according to the mouth”) of Ashor and the witnesses hereto

Penuliah b. Jezaniah. ….iah b. Uriah (?) Menahem b. Zaccur witnesses, Reibel(?) b…..

In the Bible

(a) The Genesis 24 story of Abraham’s chief servant taking a trip in search of a wife for Abraham’s son, Isaac (see especially verse 10 [Then the servant took ten of his master’s camels and left, taking with him all kinds of good things from his master. He set out for Aram Naharaim and made his way to the town of Nahor], 22 [When the camels had finished drinking, the man took out a gold nose ring weighing a beka and two gold bracelets weighing ten shekels], and 53 [Then the servant brought out gold and silver jewelry and articles of clothing and gave them to Rebekah; he also gave costly gifts to her brother and to her mother])

(b) The story of Jacob in Gen 29, especially verse 18 (Jacob was in love with Rachel and said, “I’ll work for you seven years in return for your younger daughter Rachel” ) and 20 (So Jacob served seven years to get Rachel, but they seemed like only a few days to him because of his love for her)

(c) Hamor requests Jacob’s sons for Dinah as a wife for his son Shechem in Gen 34:12 (Make the price for the bride and the gift I am to bring as great as you like, and I’ll pay whatever you ask me. Only give me the girl as my wife.”)

(d) Exod 22: 16, 17 (“If a man seduces a virgin who is not pledged to be married and sleeps with her, he must pay the bride-price, and she shall be his wife. If her father absolutely refuses to give her to him, he must still pay the bride-price for virgins)

(e) Saul sets the bride price for David to marry his daughter Michal in 1 Sam 18:25 (Saul replied, “Say to David, ‘The king wants no other price for the bride than a hundred Philistine foreskins, to take revenge on his enemies.’” Saul’s plan was to have David fall by the hands of the Philistines)

Within the Afric(Keny)an Context

There are four types of marriages recognized by the republic of Kenya:

(a) Hindu marriage

–allows polygamy

(b) Islamic marriage

-allows plural marriages up to 4 wives

(c) customary marriage

—bridewealth (or part of it) would have to be paid

–required ceremonies have to be performed

–the parties involved have to demonstrate capacity to marry, meaning, the man must not be married under the law that governs monogamous marriages; the woman must not be already married to another man; they should have reached puberty, they should be free of diseases like leprosy or syphilis; they should be mentally sound or sane; each must not be within the prohibited degrees of conguinity and affinity; each must give consent to the marriage; and the parents of each must give consent to marriage

(d) civil/English/Christian marriage

–marriage ceremony has to be performed by an authorized person
–the ceremony has to be performed in a place of worship or in a building which is legally registered for such an activity
–there should be witnesses to the ceremony

–the parties involved must give consent to the marriage

–Notice of intention to marry must be published prior to the marriage
–the parties involved have to demonstrate capacity to marry

Of the four, only one requires the payment of dowry, viz., customary marriage.

Implications

Since the payment of dowry is not prohibited by the Scriptures and since it is a requirement in as far as customary marriage is concerned, it is necessary that an individual who chooses customary marriage pay the dowry. Otherwise the Kenyan society will not consider the marriage valid.