PREFACE The following work has grown out of a thesis presented in 1912 to the Faculty of the Graduate School of the University of Pennsylvania in partial fulfilment of the requirements for the Doctorate. The author does not pretend to great originality in the views set forth in this volume, as will be apparent from the numerous references in the footnotes. However, it is but fair to say that the present writer was frequently obliged to choose his way between conflicting theories and arguments, and to collect the scattered rays of light from various sources. An endeavor has been made to present as clearly as possible the leading facts of a most interesting subject. For obvious reasons, the transliteration of wellknown Hebrew words, especially proper names (except Jehovah = Yahwe, pronounced "Yahvay'), is in substantial agreement with the established precedents of the English Authorized Version. The system of transliteration employed in the case of other Semitic terms is almost identical with the one proposed by the International Oriental Congress (1894), as well as by the Royal Asiatic Society (see Appendix, Jour. Roy. Asiat. Soc., 1896, 1912). The kind attention of readers is invited to the list of principal abbreviations, to the index of biblical references, and to the index of subjects. My thanks are due to Professor Morris Jastrow, Jr., and Assistant Professor James A. Montgomery of the University of Pennsylvania, for valuable sug gestions and criticisms. I would also gratefully acknowledge the numerous courtesies and helpful suggestions which I owe to Professors Albert T. Clay and Charles Foster Kent of Yale University, to Professor George A. Barton of Bryn Mawr, to Professor William J. Hinke of Auburn, to Dr. Cyrus Adler of Dropsie College, to the late Professor Robert Francis Harper of the University of Chicago, and to Professor Herman V. Ames, Dean of the Graduate School of the University of Pennsylvania. For assistance in proofreading, I am greatly indebted to Drs. M. Willard Lampe and Frank M. Urich. Finally, I have the honor to dedicate this book to George Kessler, Esq., my wife's father, as a token of regard and esteem. HENRY SCHAEFFER. PHILADELPHIA, April, 1915. CONTENTS Transition from maternal to paternal relationship— Rights of patriarchal head and Roman patria potestas-Patria potestas in Arabia and Baby- lonia - Patronymic group and its constituent members-Property rights of patriarchal head- Term ba' al-Babylonian bel-Arabic ba'l-Baʻal marriage-Property rights of women in Israel, Babylonia, and Arabia—(1) Wives-(2) Daugh- ters-Primogeniture among the Hebrews and Babylonians-Its absence among the Arabs- Probable explanation for inalienability of paternal property-Ancestor worship in Israel, Babylonia, History of the term-Transition from the avenger of blood to a vindicator of family rights-Jere- miah, as the chief agnate, has the right of pre- emption-The purchase-deed-Amount paid for the field-Land values in Babylonia-Redeemer- Adopted male slaves entitled to succession-The insti- tution of slavery and material progress-Concen- tration of property under Solomon and its |