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
A remarkable instance of the application of the principles underlying
testamentary devolution is to be found in the case of Ninip-Sum-iskun, the
son of a land-surveyor who handed over his property to his daughter
Dhabtu, while he was still alive, stipulating only for the usufruct of it.
The text begins by saying that the testator called to his daughter: “Bring
me writing materials, for I am ill. My brother has deserted me; my son has
offended me. To you therefore I turn. Have pity on me, and while I live
support me with food, oil, and clothes. The income from my surveying
business, in which I have two-thirds of a share with my brother, do I hand
over to you.” After this preamble the deed is drawn up in due form,
attested, dated, and sealed. The whole of the testator’s property is
assigned to his daughter “for ever,” “the usufruct of his income” only
being reserved to himself “as long as he shall live.” He undertakes
accordingly not to “sell” it, not to give it to another, not to pawn it or
alienate a portion of it. By way of doubly securing that the deed shall
take effect, the gods are invoked as well as the law.(3)
Another case in which a kind of will seems to have been made which should
take effect during the lifetime of the testator, is a document drawn up by
order of the Assyrian King Sennacherib. We may gather from it that
Esar-haddon, though not his eldest, was his favorite son, a fact which may
explain his subsequent assassination by two of his other sons, who took
advantage of their brother’s absence in Armenia at the head of the army,
to murder their father and usurp the throne. In the document in question
Sennacherib makes a written statement of his desire to leave to
Esar-haddon certain personal effects, which are enumerated by name. “Gold
rings, quantities of ivory, gold cups, dishes, and necklaces, all these
valuable objects in plenty, as well as three sorts of precious stones, one
and one-half maneh and two and one-half shekels in weight, I bequeath to
Esar-haddon, my son, who bears the surname of Assur-etil-kin-pal, to be
deposited in the house of Amuk.” It will be noticed that this document is
not attested by witnesses. Such attestation was dispensed with in the case
of the monarch; his own name was sufficient to create a title. Whether it
would have been the same in Babylonia, where the king was not equally
autocratic and the commercial spirit was stronger than in Assyria, may be
questioned. At all events, when Gigitu, the daughter of the Babylonian
King Nergal-sharezer, was married to one of his officials, the contract
was made out in the usual form, and the names of several witnesses were
attached to it, while the deeds relating to the trading transactions of
Belshazzar when heir-apparent to the throne differ in nothing from those
required from the ordinary citizen.
Public-domain text, read in full here on John Shaqi.
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