(M480) The tenant, of course, was bound to cultivate the land. The duties
which fell to his share were “to plough, harrow, weed, irrigate, drive off
birds,”(507) but these duties are but rarely stipulated. The Code protects
the tenant, however,(508) from any unfair compulsion in the matter, so
long as the landlord gets his fair rent.
(M481) Fields were also let at a fixed rent, usually payable in kind. The
contracts of the First Dynasty of Babylon give a large number of examples
of this sort. The kinds of field are distinguished as _AB-SIN_, or _šerû_,
and _KI-DAN_. The average rent for the former was eight _GUR_ of corn per
_GAN_; of the latter, eighteen _GUR_ per _GAN_. The former class may
include land with corn standing upon it, or simply corn-land; the latter
land as yet unbroken, or fallow. The latter class seems to have been much
more fertile.
This rent later became more fixed because the average yield per area was
set down in the lease and the yield in corn was estimated in money
according to the ordinary value of corn. Thus the rent is stated to be so
much money.
(M482) Land was often let to reclaim, or plant. The Code lays down as law
what was evidently a common practice. In the case of waste land given to
be reclaimed the tenant was rent free for three whole years. In the fourth
year he paid a fixed rent in corn, ten _GUR_ per _GAN_.(509) Land let to
be turned into a garden was rent free for four years. In the fifth year
the tenant shared the produce equally with the landlord.(510)
Contracts illustrating this form of lease are quite common in the time of
the First Dynasty of Babylon.
(M483) Freedom from various obligations might be granted by royal charter.
In fact, it is from these charters that we know of the existence of the
obligations for the most part. The land so freed was called _zakû_. Land
sold is often said to be _zakû_, and we may suppose it was so because it
had once been freed by charter. But this is not quite certain. The charter
was granted to a person and his heirs. Doubtless, as long as they held it,
it would be free, but it is not clear that they could sell it as freed
forever. But we only know that some land was free. On whom then fell the
obligations? So far as they were due to the king, they may have been
abolished, but such obligations as repairs of the canal banks must surely
have been taken up by others. If not, the granting of charters must have
been a fruitful source of trouble and distress to the land.
Public-domain text, read in full here on John Shaqi.
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