Babylonians and Assyrians : $b Life and customsSayce, A. H. (Archibald Henry)
History
Babylonians and Assyrians : $b Life and customs
Sayce, A. H. (Archibald Henry)
Assyria -- Social life and customs; Babylonia -- Social life and customs
The Ea of the cuneiform text seems to be the Oannes of the Chaldean
historian Berossos, who was said to have risen out of the waters of the
Persian Gulf, bringing with him the elements of civilization and the code
of laws which were henceforth to prevail in Babylonia. The code of Oannes
has perished, but fragments of another and more historical one have been
preserved to us in a reading-book which was intended to teach the Semitic
pupil the ancient language of the Sumerians. The original Sumerian text is
given with its Semitic equivalent, as well as a list of technical legal
terms. “If a son,” it is said, “denies his father, his hair shall be cut,
he shall be put into chains and sold for silver. If he denies his mother,
his hair also shall be cut, city and land shall collect together and put
him in prison.… If the wife hates her husband and denies him, they shall
throw her into the river. If the husband divorces his wife, he must pay
her fifty shekels of silver. If a man hires a servant, and kills, wounds,
beats, or ill-uses him or makes him ill, he must with his own hand measure
out for him each day half a measure of grain.”
We have already seen that the last regulation was in force up to the
latest period of Babylonian history. It betrays a humane spirit in the
early legislation and shows that the slave was regarded as something more
than a mere chattel. It provided against his being over-worked; as soon as
the slave was rendered unfit for labor by his hirer’s fault, the latter
was fined, and the fine was exacted as long as the slave continued ill or
maimed. The law which pronounced sentence of death by drowning upon the
unfaithful wife was observed as late as the age of Khammurabi. Such at
least is the evidence of some curious documents, from which we learn that
a certain Arad-Samas married first a daughter of Uttatu and subsequently a
half-sister of his wife. In the contract of marriage it is stipulated that
unfaithfulness to the husband on the part of both the wives would be
punished with drowning, on the part of the second only with slavery. On
the other hand he could divorce them on payment of a maneh of silver—that
is to say, of 30 shekels apiece. Under Nebuchadnezzar the old power of
putting the wife to death in case of adultery was still possessed by the
husband, where the wife was of lower rank than himself and little better
than a concubine. It was a survival of the _patria potestas_ which had
once belonged to him. The wife who came from a wealthy and respectable
family, however, stood on a footing of equality with her husband, and he
could not venture to put in force against her the provisions of the
ancient Sumerian law.
Public-domain text, read in full here on John Shaqi.
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