Women in Ancient Egypt
Unlike the position of women in most other ancient civilizations, including that of Greece, the Egyptian woman seems to have enjoyed the same legal and economic rights as the Egyptian man - at least in theory. This notion is reflected in Egyptian art and historical inscriptions.
It is uncertain why these rights existed for the woman in Egypt but no where else in the ancient world. It may well be that such rights were ultimately related to the theoretical role of the king in Egyptian society. If the pharaoh was the personification of Egypt, and he represented the corporate personality of the Egyptian state, then men and women might not have been seen in their familiar relationships, but rather, only in regard to this royal center of society.
Since Egyptian national identity would have derived from all people sharing a common relationship with the king, then in this relationship, which all men and women shared equally, they were--in a sense--equal to each other. This is not to say that Egypt was an egalitarian society. It was not. Legal distinctions in Egypt were apparently based much more upon differences in the social classes, rather than differences in gender. Rights and privileges were not uniform from one class to another, but within the given classes, it seems that equal economic and legal rights were, for the most part, accorded to both men and women.
Most of the textual and archaeological evidence for the role of women that survives from prior to the New Kingdom pertains to the elite, not the common folk. At this time, it is the elite, for the most part, who leave written records or who can afford tombs that contain such records. However, from the New Kingdom onward, and certainly by the Ptolemaic Period, such evidence pertains more and more to the non-elite, i.e., to women of the middle and lower classes. Actually, the bulk of the evidence for the economic freedom of Egyptian women derives from the Ptolemaic Period.
The Greek domination of Egypt, which began with the conquest of Alexander the Great in 332 B.C., did not sweep away Egyptian social and political institutions. Both Egyptian and Greek systems of law and social traditions existed side-by-side in Egypt at that time. Greeks functioned within their system and Egyptians within theirs. Mixed parties of Greeks and Egyptians making contractual agreements or who were forced into court over legal disputes would choose which of the two legal systems in which they would base their settlements. Ironically, while the Egyptians were the subjugated people of their Greek rulers, Egyptian women, operating under the Egyptian system, had more privileges and civil rights than the Greek women living in the same society, but who functioned under the more restrictive Greek social and legal system.
WOMEN'S LEGAL RIGHTS:
The Egyptian woman's rights extended to all the legally defined areas of society. From the bulk of the legal documents, we know that women could manage and dispose of private property, including: land, portable goods, servants, slaves, livestock, and money (when it existed), as well as financial instruments (i.e., endowments and annuities). A woman could administer all her property independently and according to her free will. She could conclude any kind of legal settlement. She could appear as a contracting partner in a marriage contract or a divorce contract; she could execute testaments; she could free slaves; she could make adoptions. She was entitled to sue at law. It is highly significant that a woman in Egypt could do all of the above and initiate litigation in court freely without the need of a male representative. This amount of freedom was at variance with that of the Greek woman who required a designated male, called a kourios, to represent or stand for her in all legal contracts and proceedings. This male was her husband, father or brother.
WOMEN'S PROPERTY RIGHTS:
There were several ways for an Egyptian woman to acquire possessions and real property. Most frequently, she received it as gifts or as an inheritance from her parents or husband, or else, she received it through purchases--with goods which she earned either through employment, or which she borrowed. Under Egyptian property law, a woman had claim to one-third of all the community property in her marriage, i.e. the property which accrued to her husband and her only after they were married. When a woman brought her own private property to a marriage (e.g., as a dowry), this apparently remained hers, although the husband often had the free use of it. However, in the event of divorce her property had to be returned to her, in addition to any divorce settlement that might be stipulated in the original marriage contract.
A wife was entitled to inherit one-third of that community property on the death of her husband, while the other two-thirds was divided among the children, followed up by the brothers and sisters of the deceased. To circumvent this possibility and to enable life to receive either a larger part of the share, or to allow her to dispose of all the property, a husband could do several things:
1) In the Middle Kingdom, he could draw up an imyt-pr, a "house document," which was a legal unilateral deed for donating property. As a living will, it was made and perhaps executed while the husband was still alive. In this will, the husband would assign to his wife what he wished of his own private property, i.e., what he acquired before his marriage. An example of this is the imyt-pr of Wah from el-Lahun. 2) If there were no children, and the husband did not wish his brothers and sisters to receive two-thirds of the community property, he could legally adopt his wife as his child and heir and bequeath all the property to her. Even if he had other children, he could still adopt his wife, so that, as his one of his legal offspring, she would receive some of the two-thirds share, in addition to her normal one-third share of the community property.
A woman was free to bequeath property from her husband to her children or even to her own brothers and sisters (unless there was some stipulation against such in her husband's will). One papyrus tells us how a childless woman, who after she inherited her husband's estate, raised the three illegitimate children who were born to him and their female household slave (such liaisons were fairly common in the Egyptian household and seem to have borne no social stigma). She then married the eldest illegitimate step-daughter to her younger brother, whom she adopted as her son, that they might receive the entire inheritance.
A woman could also freely disinherit children of her private property, i.e., the property she brought to her marriage or her share of the community property. She could selectively bequeath that property to certain children and not to others. Such action is recorded in the Will of Naunakht.
WOMEN IN CONTRACTS:
Women in Egypt were consistently concluding contracts, including: marriage and divorce settlements, engagements of wet-nurses, purchases of property, even arrangements for self-enslavement. Self-enslavement in Egypt was actually a form of indentured servitude. Although self-enslavement appears to have been illegal in Egypt, it was practiced by both men and women. To get around the illegality, the servitude was stipulated only for a limited number of years, although it was usually said to be "99 years."
Under self-enslavement, women often technically received a salary for their labor. Two reasons for which a woman might be forced into such an arrangement are:
(1) as payment to a creditor to satisfy bad debts;
(2) to be assured of one's provisions and financial security, for which a person might even pay a monthly fee, as though they were receiving a service. However, this fee would equal the salary that the provider had to pay for her labor; thus, no "money" would be exchanged. Since this service was a legal institution, then a contract was drawn up stipulating the conditions and the responsibilities of the involved parties.
In executing such an arrangement, a woman could also include her children and grandchildren, alive or unborn. One such contract of a woman who bound herself to the temple of Saknebtynis states:
The female servant (so & so) has said before my master, Saknebtynis, the great god, 'I am your servant, together with my children and my children's children. I shall not be free in your precinct forever and ever. You will protect me; you will keep me safe; you will guard me. You will keep me sound; you will protect me from every demon, and I will pay you 1-1/4 kita of copper . . . until the completion of 99 years, and I will give it to your priests monthly.'
If such women married male "slaves," the status of their children depended on the provisions of their contracts with their owners.