Verse 15
15. Inheritance among their brethren According to Mosaic usage daughters inherited only when there were no sons in the family. The remonstrance of the five daughters of Zelophehad against the alienation of their father’s estate, gave rise to legislation through which property descended to daughters. Numbers 27:1-12. In case there were several sons the whole inheritance was divided equally among the sons, with the exception of the oldest, who received twice as much as either of his brothers. Deuteronomy 21:17. “Daughters, in case they were unmarried, were considered as making a part of the estate, and were sold by their brothers into matrimony.” JAHN, Biblical Archaeology, sec. 168. The Athenian and the early Roman laws resembled the Mosaic in excluding females from inheritance when there were brothers; but in the case of the Greek a moral obligation devolved upon the brother to assign his sister a fortune corresponding to her rank. (See authorities cited in SMITH’S Dictionary of Greek and Roman Antiquities, s.v., Heres, p. 594. Eng. Edit.)
The indications are, that in patriarchal times daughters usually obtained a share in the paternal inheritance. This seems to be implied in the statement of Leah and Rachel, that there, was for them no portion nor inheritance in their father’s house. (Genesis 31:14.) Job, with princely magnanimity, includes his daughters among the sharers of the inheritance, not in a manner, as Kitto says, “showing that this power was rarely exercised,” but rather in keeping with ancient Arabian customs, which are perpetuated to the present day by Mohammedans. SALE’S Prelim. Disc., sec. vi, and the Koran, Sura 4. An inscription of Esarhaddon, found at Kuyunjik, gives the names of eight Arabian sovereigns whom he put to death. Among them are two queens, Tapaa and Bailu. “This was a frequent custom,” says H.F. Talbot, speaking of the sovereignty of queens in the land of Arabia, ( Records of the Past, vol. iii, page 107,) “according to the cuneiform inscriptions, but as far as I have observed: it was confined to that country.” Compare the account of the queen of Sheba, 1 Kings 10:1-13. In the French National Library is an ovoid bowlder of black basalt, known by the name Caillou Michaux, on which is an Assyrian inscription containing the law concerning landed property as a dowry for a woman on her marriage, and giving the whole measurement of the land to which the stone served as a boundary. LENORMANT, Chaldaean Magic, 68. For a more detailed description, see Records of the Past, 9:92-95. An old Accadian incantation (see note, Job 1:17) says of the seven evil spirits, “Female they are not, male they are not;” on which Birch remarks, this order is in accordance with the position held by the woman in Accad; in the Accadian Table of Laws (see Records of the Past, Job 3:23) the denial of the father by the son is punished very leniently in comparison with the denial of the mother. (Compare Records of the Past, 9:148.) To account for the distinction made by Job between the sons and daughters, by which the names of the latter only are mentioned, Forster, ( Geog. of Arabia, 2:66,) suggests “that the daughters of Job should not only become the mothers of nations, but that they should call the lands after their own names.” More probable than his speculations as to the other daughters, is the one that the name of Jemima is perpetuated in Jemima or Jemama, the name of the central province of the Arabian peninsula. “An Arab tradition, of immemorial standing,” says Forster, “has preserved and handed down the fact that the province of Jemama received its name from Queen Jemama, the first sovereign of the land, who could be no other than Jemima, the daughter of Job.” Consult art. “Inheritance” in FAIRBAIRN, Bib. Dic.; MICHAELIS, Laws of Moses, art. lxxviii; WINER, Rwb., art. “Erbschaft;” MAINE, Anc. Laws, 144-154; SPANHEIM, Hist. Jobi, cap. xv, sec. 18.
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