Archæology and the BibleBarton, George A. (George Aaron)
Religion
Archæology and the Bible
Barton, George A. (George Aaron)
Bible -- Antiquities; Egypt -- Antiquities; Middle East -- Antiquities
§ 114. If a man does not have against a man [a claim] for grain or
money and secures a warrant against him for debt, for each warrant he
shall pay ⅓ of a mana of money.
§ 115. If a man holds against a man [a claim] for grain or money and
secures a warrant against him for debt and the debtor dies through his
fate in the house of the creditor, that case has no penalty.
§ 116. If the debtor dies through violence or lack of care, the owner
of the debtor shall prosecute the merchant; if it was the son of a
man, his son shall be put to death; if the slave of a man, he shall
pay ⅓ of a mana of money, and whatever [the debt] was, he shall
forfeit as much.
Among the Hebrews, as among other ancient peoples, the poor at times
deposited their valuables with the more powerful for safekeeping. This was
natural before the invention of banks and safe deposit vaults.
The Hebrew law in Exod. 22:7-10 provides that if goods are given to
another man to keep and are stolen out of his house, the thief should, if
found, restore double the amount taken. If the thief was not found, the
owner of the house should be brought to God (so American R. V.)[466], _i.
e._, to the temple, where in some way (probably by lot) it was determined
whether he was guilty. If guilty, the owner of the house had to restore
twofold.
Somewhat parallel to the Babylonian laws which permit the imprisonment of
a debtor in one’s house is the Hebrew law that a poor debtor might become
a slave for six years (Exod. 21:2-6; Deut. 15:7-18). The Old Testament
laws are not quite uniform. In reality it is only that of Deuteronomy
which contemplates slavery in consequence of indebtedness; Exodus speaks
as though the slave might not be bought in any way. The important point
is that in Babylonia a man might be imprisoned for debt; in Israel he
might become a temporary slave.
As to the deposit of valuable property with a creditor for security, the
Hebrew law, while it shows that there were other kinds of pledges (Deut.
24:10, ff.), mentions but one kind. This was in the case of a man so poor
that he had to give his outer garment as security. The law provided that
this should be returned to him at night, since the poor peasants had no
other blankets than these garments. A hard-hearted creditor might, by
keeping the garment at night, risk the life of the debtor (Exod. 22:26,
27; Deut. 24:11-13).
Debts
§ 117. If a man is subjected to an attachment for debt and sells his
wife, son, or daughter, or they are given over to service, for three
years they shall work in the house of their purchaser or temporary
master; in the fourth year they shall be set free.
§ 118. If he binds to service a male or a female slave, and the
merchant transfers or sells him, he can establish no claim.
Public-domain text, read in full here on John Shaqi.
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