To Sin-iddinam say, thus saith Ḥammurabi: As to what I sent to
thee about the corn that is the tax on the field of Ibni-Martu,
which is in the hands of Etil-bi-Marduk, to be given to
Ibni-Martu; thou didst say, “Etil-bi-Marduk hath said thus, saith
he, ‘I have cultivated another field together with the field of
Ibni-Martu, and the corn is all garnered in one place, let them
declare on oath before God how much corn was from the field of
Ibni-Martu and let them take the tax.’ Thus he said. But
Ibni-Martu did not agree. Saith he, ‘Without Ibni-Martu one can do
nothing.’ Thus he said, and went away.” As to what thou didst
send, “the corn, as much as was in his field, should be declared
before God and the tax given him.” As thou didst send, let them
declare before God how much corn was in the field of Ibni-Martu,
and pay Ibni-Martu the corn that is the tax on his field.
The case is not quite clear, but Ibni-Martu owed a tax on his field. He
had either mortgaged or let his field to another. This tenant had not
given him the corn to pay the tax and excused himself on the ground that
the produce of the field was now mixed up with that of another field.
Hence he could not say how much the tax should be; clearly it was
proportionate to the yield. The method of solving the difficulty was that
a sworn estimate had to be taken from competent witnesses and the tax
levied on that basis. This course was recommended by Sin-iddinam in a
previous report on the situation. The amount was to be given to the
landlord, who then had to pay the tax. He clearly had no rent in corn from
the land; but he could not sell or mortgage his crop except subject to the
tax. The mortgagee was liable for the tax and the owner was bound to pay.
The mortgagee must furnish him the means to do so; he had no right to
claim the part of the crop due as tax, whatever bargain he had made with
the owner of the land.
(M770) (M771) While agriculture was in the hands of free men who only paid
on produce, there are indications that commerce was very strictly
controlled by the State. The merchant was the only money-lender as a rule.
He also seems to have acted as contractor, or farmer of taxes. The
merchant, or factor, was under the king’s protection and also directly
responsible to him. Hence some have regarded him as a royal official. But
this is hardly correct. He was to Ḥammurabi what the Jew of the Middle
Ages was to the king then, or the Stock Exchange or Bourse is now.
Probably we should not be far wrong in applying to him the term
“publican,” in the New Testament sense. He owed a certain amount to the
treasury, which he recouped from the taxes due from the district for which
he contracted. If he did not secure enough, he had to make up the deficit.
The following letter(830) deals with what was probably common, namely, an
evident reluctance on the part of such officials to settle accounts:
Public-domain text, read in full here on John Shaqi.
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