Babylonians and Assyrians : $b Life and customs — John Shaqi
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
Traces, however, may be detected of an older order of things, which once
existed, at all events, in the Semitic element of the Babylonian
population. The dowry had to be paid to the husband, to be deposited, as
it were, in his “hand.” It was with him that the marriage contract was
made. This must surely go back to an age when the marriage portion was
really given to the bridegroom, and he had the same right over it as was
enjoyed until recently by the husband in England. Moreover, the right of
divorce retained by the husband, like the fact that the bride was given
away by a male relation, points in the same direction. According to an
early Sumerian law, while the repudiation of the wife on the part of the
husband was punishable only with a small fine, for the repudiation of the
husband by the wife the penalty was death. A deed drawn up in the time of
Khammurabi shows that this law was still in force in the age of Abraham.
It lays down that if the wife is unfaithful to her husband she may be
drowned, while the husband can rid himself of his wife by the payment only
of a maneh of silver. Indeed, as late as the time of Nebuchadnezzar, the
old law remained unrepealed, and we find a certain Nebo-akhi-iddin, who
married a singing-woman, stipulating in the marriage contract that if he
should divorce her and marry another he was to pay her six manehs, but if,
on the contrary, she committed adultery, she should be put to death with
“an iron sword.”
In this instance, however, the husband married beneath him, and in view of
the antecedents of the wife the penalty with which she was threatened in
case of unfaithfulness was perhaps necessary. She came to him, moreover,
without either a dowry or family relations who could give her away. She
was thus little better than the concubines whom the Babylonian was allowed
to keep by the side of his lawful wife. But even so, the marriage contract
had to be made out in full legal form, and the penalty to be paid for her
divorce was as much as £54. With this she could have lived comfortably and
probably have had no difficulty in finding another husband.
Public-domain text, read in full here on John Shaqi.
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